Preview
System Generated Hearing Date: 1/13/2025 10:00 AM MLG-4835907
Location: Court Room 1101
Judge: Allegretti, ) ohn Michael
FILED
5/7/2024 11:35 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
20241112275
Courtroom, 1101
27581138
IN THE CIRCUIT COURT OF COOK COUNTY
FIRST MUNICIPAL DISTRICT
UHG ILLC, 9 Moet 12275
Plaintiff,
Amount Claimed $1,559.42
plus Costs
Brittany Williams
Defendant,
Complaint
NOW comes Plaintiff, UHG I LLC by and through its counsel, Mandarich Law Group,
LLP, and in support of its claim against Brittany Williams states as follows:
1 That Plaintiff, UHG I LLC is a foreign LLC registered to conduct business in the
State of Illinois.
2 That Defendant Brittany Williams is an individual believed to be a resident of Cook
County, Illinois at the commencement of this cause and venue is proper in the Circuit Court of
Cook County, Illinois.
3 That on or about June 4, 2018, Defendant entered into a Consumer Loan A greement
“Agreement” with CashNetUSA designated by account number XXX X 3518.
4 That Defendant received and used (or authorized the use of) the loan and thus
became obligated to pay for charges incurred.
5. That Defendant defaulted on his/her obligation to make payments on the Consumer
Loan account and the account was subsequently charged off to Profit and Loss resulting in the
balance due of $1,559.42.
6 That Plaintiff, UHG I LLC became owner of the charged off account by virtue of a
purchase entered into by Plaintiff and its predecessor(s) in interest.
This communication is from a debt collector and is an attempt to collect a debt.
7 That all credits and payments have been properly applied. Defendant is not entitled
to any additional credits or set offs on the account of any kind and the balance set forth herein is
currently due and owing.
8 That demand has been made on Defendant to pay the balance due and owing by
Plaintiff's counsel and said demand for payment has been refused.
9 This suit is filed within the relevant statute of limitations.
WHEREFORE, Plaintiff, UHG I LLC prays that this Honorable Court enter an Order granting the
following relief:
A. That judgment be entered in favor of Plaintiff, UHG I LLC and against
Brittany Williams in the amount of $1,559.42.
B. That Costs of Suit be awarded Plaintiff.
C. Any further relief that this Honorable Court deems is fair and equitable.
pn —--
Attomey No.: 59794 George Petril!
Mandarich Law Group, LLP Attomey For Plaintiff
P.O. Box 109032
Chicago, IL 60610
877.285.4918
Email: Illinois@ mandarichlaw.com
This communication is from a debt collector and is an attempt to collect a debt.
WWR #:040884910
CLIENT #: 3556267
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT
UHG I LLC
Plaintiff,
v. Case No.
BRITTANY WILLIAMS
Defendant,
CREDIT CARD OR DEBT BUYER COLLECTION AFFIDAVIT
(SUPREME COURT RULE 280.2)
I, Kaelyn Kowalik , adesignated Agent of UHG I LLC, (Plaintiff).
lam of adult age and am fully authorized by Plaintiffto make the following representations. | am
familiar with the record keeping practices of Plaintiff. The following representations are true according
to documents kept in the normal course of Plaintiff's business and/or my personal knowledge:
1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT
a. As of charge-off date:
Full name of the Nature of the debt,
Date the account
Full name of the defendant as it Last four digits of (credit card debt,
was opened or the
creditor appears on the the account number payday loan, retail
debt originated
account installment loan, etc.)
JUHG I LLC BRITTANY 3518 June 4, 2018 INSTALLMENT
ILLIAMS PAYDAY LOAN
(AGREEMENT
b. Attach one of the following:
[X] The written contract giving rise to the debt that is the subject of this court case (the “Consumer
Debt”).
Oo The court case is based on an unwritten contract, and attached is a copy of a document
provided to the consumer while the account was active, demonstrating that the consumer debt was
incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off
balance shall be deemed sufficient to satisfy this requirement. The Plaintiff further certifies that it
has in its possession and can produce on request the most recent monthly statement recording a
purchase transaction, last payment, or balance transfer. The statement reflecting the charge-off
balance will not reflect any post charge-off payments or credits by or to the charge-off creditor,
the debt buyer or their attorneys.
c. The most recent activity on the account prior to or after charge-off, includes:
Amount of Original
Total Amount of
Date of Last Amount of Last Credits and/or
Debt or Charge-Off} Charge-off Date
Payment Payment Payments Since
Balance
Charge-off Date
$1,559.42 December 11, 2018] June 29, 2018 $155.97 $0.00
*Credits or payments made within 30 days of the signing of this affidavit may not be reflected.
2 PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS
From (Name) To (Name) Date Assignment
CASHNET UHG I LLC December 19, 2018
(J Does not apply — Plaintiff is the charge-off creditor.
3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF
Plaintiff is seeking additional amounts after the charge-off date:
KI No
0 Yes.
(J Total amount of interest accrued:
(J Total amount of non-interest charges or fee accrued
(1 Plaintiff is seeking attorney’s fees in the amount of
Balance due and owning as of date of affidavit: $1,559.42
Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this instrument are true and correct, except as to matters therein
stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that
[s]he verily believes the same to be true.
Kaelyn Kowalik
Name of Affiant
Die
Shenante of Affiant
1 a\ts
Date
ILLINOIS INSTALLM NT PAYDAY LOAN AGREEMEN'
Disbursement Date:
Jun 04 2018
Payment Date:
Nov 16 2018
Agreement Date:
June 02, 2018
Account #:
518
Loan #:
Type of Contract:
New Loan
LICENSED LENDER'S OFFICE
CNU of Illinois, LLC,
d/b/a CashNetUSA
175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604
7605
BORROWER
Brittany Williams
7940 S Paxton
we
60617
183
107
In this Installment Payday Loan Agreement (hereinafter the €Agreementa€), the words a€ceyou,a€ and a€oyour,a€
and a€a:1a€ mean the borrower who has electronically signed it. The words 4€cewea€, a€ceusa€, 4€ceoura€ and
a€ceLendera€ mean CNU of Illinois, LLC d/b/a CashNetUSA, licensed and regulated by the Illinois Department of
Financial and Professional Regulation, Division of Financial Institutions, 100 W. Randolph, Suite 9-100, Chicago, IL
60601.
This Agreement is made pursuant to the Illinois Payday Reform Act, 815 ILCS 122/I-1,et seg.
In order to complete your transaction with us, you must electronically sign this Agreement by cl king the "I Agree”
button below. We will then approve or deny the Agreement. If the Agreement is approved, it will be consummated as
of June 04, 2018 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank
Account on the Disbursement Date designated above. We rely on the representations of you and other parties in
determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing
errors and/or other events beyond our reasonable control may extend the time of the deposit.
FEDERAL TRUTH IN LENDING DISCLOSURES
| ANNUAL
FINANCE Amount |
PERCENTAGE
|RATE
CHARGE | Financed Total
|
of Payments
| The
amount
The cost of your | amount
The dollar
of credit
credit as a yearly | ithe | Provided The amount you will have paid after you have made all payments as
scheduled.
rate. to you or
} cost you.
on your
behalf.
|
I
[341.08% $915.39 $800.00 | $1715.39
|Your payment schedule will be:
‘ment Amount of | When Payments Are
0. | Payments |
Due
yi (8155.97 [062 9/2018
_|{$155.97
owen _ (07/13/2018
3 |'$155.97
———
| (o727/2018
__| C $=
155.97 | 08/10/2018
$155.97
lk = |los/24/2018
lo ~/8155.97_ |o9/072018
EF $155.97 __|ov212018
8 $155.97 \/10/05/2018
ie _ $155.97 [i 1/21
$155.97 \1 /2018
11 $155.69 11/1672018
\Security
lYou are giving a security interest in the ACH Authorizations for this loan.
Prepayment
If you pay off your loan early, you will be entitled to a refund of the unearned finance charge
If you pay off early, you will not have to pay a penalty.
[See your contract documents for any additional information about nonpayment, default, any required repayment int
full before the scheduled date, and prepayment refunds and lack of penalties.
UP: 14/364
Itemization of Amount Financed of $800.00
800.00 Amount given directly to you
PROMISE TO PAY AND CALCULATION OF INTEREST
You promise to pay us the Total of Payments set forth in the Federal Truth-in-Lending Disclosures above in
substantially equal and consecutive installments in accordance with the Payment Schedule above. The finance charge
under this Agreement is calculated by applying $15.50 per $100 on the initial principal balance and on the principal
balances scheduled to be outstanding according to the Payment Schedule, You also promise to pay any other charges
provided for under this Agreement.
We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received
by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid
with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (C) includes your
account number on the memo line or elsewhere on the front of the check, A payment satisfying these requirements
that is received after 5:00 p.m. Central time at the address above on any day (including the payment due date) will be
credited as of the next day. Credit for any other payments may be delayed up to five (5) business days.
INSUFFICIENT FUNDS CHARGE
You agree to pay a charge of up to $25 if your payment is returned unpaid and we incur an expense as a result of the
returned payment.
Consent to Electronic Communications
The following terms and conditions govern electronic communications in connection with this Agreement, the
transaction evidenced hereby and any communications relating to the trar ction (the "Consent"). By electronically
signing this Agreement by clicking the "| AGREE" button below, you are confirming that you have agreed to the
terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records.
You agree that:
+ Any and all communication concerning our decision on your application, the terms of any credit that may be
+ provided to you, our privacy policy, the status and history of any extension of credit, and any further
disclosures required by federal or state law (the 4€c:Disclosuresi€) may be provided through this website or by
email, The Disclosures may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and
Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z;
(4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; (6)
the federal Telephone Consumer Protection Act; and (7) any other applicable federal, state or local law or
regulation.
» Your consent applies not only to the application and any resulting extension of credit, but also to any payment
plan or other ancillary agreement related to your extension of credit and to any application for a future
extension of credit.
* To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with
Internet access; (2) a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or
Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4)
an email address; and (5) either a printer, hard drive or other storage device.
* You may contact us by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 or phone at (888)
801-9075 to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your Consent to receive
information electronically; or (iii) change the email address at which you will receive communications from us.
There are no conditions, consequences, or fees associated with withdrawing your consent other than that we
would no longer communicate with you electronically.
CANCELLATION
You may cancel future payment obligations under this Agreement, without cost or finance charges, no later than 5:00
p.m, Central Time on the second business day immediately following the Disbursement Date (Cancellation
Deadline"). To cancel future payment obligations on this loan, you must inform us in writing, by or betore the
Cancellation Deadline, either by email to support@cashnetusa.com or by fax to 866.326.5265, that you want to
cancel the future payment obligations on this loan and that you authorize us to effect a debit entry to Your Account
for the principal amount of the Agreement. In the event that we timely receive your written notice of cancellation on
or before the Cancellation Deadline but before the loan proceeds have been credited to Your Account, we will not
effect a debit entry to Your Account and both our and your obligations under this Agreement will be cancelled. In the
event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but after the
loan proceeds have been credited to Your Account, we will effect a debit to Your Account for the principal amount of
the Agreement. If we receive payment of the principal amount via the debit, our and your obligations under this
Agreement will be cancelled. If we do not receive payment of the principal amount via the debit, then the Agreement
will remain in full force and effect,
PREPAYMENT
You shall have the right to make payment in advance and in any amount on this Agreement at any time. You will not
incur any additional charge, fee or penalty for prepayment, but in order to make a prepayment, you must be current on
your loan and all outstanding charges and past due installments must be paid in full. (See Application of Payments
below). If you prepay in full, then we will refund the unearned finance charge in accordance with Illinois law. To
process a partial or full prepayment or receive a payoff balance, you should call us or tell us in writing via fax
(866-326-5265), e-mail (support@cashnetusa.com), or by logging into our web site, of your intent to prepay. Please
note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing.
APPLICATION OF PAYMENTS
All payments we receive will be applied to outstanding installments (and related insufficient funds charges, if any) in
the order originally scheduled under the Payment Schedule. If you are not past due, (that is, all payments are current),
you may prepay your loan and any such prepayment will be applied to your loan as of the date received (first to
finance charges owing and then to principal), Such prepayment, however, will not be applied to any future
installment, and therefore, you must pay all future installments as originally scheduled. A prepayment in full may
reduce (i) total amount of Finance Charges you are scheduled to pay under this Agreement, (ii) the number of
installments you will have to pay, and/or (iii) the final installment.
ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS
You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data
Verification Form (@€ceYour Bank Accounta€) with the proceeds of your loan, In the event that we make an error in
processing this ACH (or any other ACH), you further authorize us to initiate an ACH to correct the error. You
authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance
under this Agreement.
AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND
TRANSFERS (ACH DEBITS)
ACH Authorization for Installment Payments, Fees and, in the Event of Acceleration, the
Loan Balance
You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our
choosing)(&€aACHa€) from Your Bank Account for the following:
+ Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the
amount of the installment less the amount of any such payment) on or after its due date;
+ Any late/delinquency charge and returned payment fee, if permitted by law and provided for in the Agreement,
due to us as a result of a late payment or prior rejected ACH;
* In the event that you default and we declare the entire outstanding balance (the 4€aAccelerated Balancea€),
including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the
Accelerated Balance; and
* The amount required to correct any error we make in processing an ACH.
If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under
the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are
not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to
provide you with advance notice ofan ACH we initiate for an installment payment if the amount of the ACH is less
than the installment payment (for example, due to partial payment).
Returned Payments
If your bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account
has sufficient funds to cover payments using a third party service provider. We may elect not to initiate an electronic
fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will
email you prior to any such due dates to inform you if we elect not to initiate an electronic fund transfer for that
payment. The amount will still be due and payable, and you will be responsible for making alternative payment
arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization.
Modified Charges
Instead of, or in addition to, any of the ACHs described above, you authorize us to process any ACHs you
subsequently confirm by phone, facsimile, text message or email.
Range of Varying Amounts
Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH
Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in lieu of
providing the notice of transfers in varying amounts). The amount of any ACH debit will range from (i) the payment
amount provided in the payment schedule (which may be less than a scheduled payment if partial prepayments have
been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a
payment based upon your actual payments), plus as applicable, any returned payment (NSF) charges you may owe
under the Agreement. For any debit outside of this specified range, we will send you a notice. Therefore, by agreeing
to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the
range specified above.
Dates
You acknowledge and agree that this ACH Authorization is an authorization to initiate an ACH debit entry to Your
Bank Account on each date scheduled in this Agreement and/or thereafter, upon default and acceleration of this
Agreement, and upon the occurrence of any event requiring payment described herein (such as for NSF charges).
‘Termination
You understand and acknowledge that you may terminate this ACH Authorization by notifying us in writing by fax at
866-326-5265 or e-mail at support@cashnetusa.com at lea st 3 days prior to the effective date of the termination.
Your Bank Account Information
If there is any mi ing or erroneous information regarding Depository or Your Bank Account then you authorize us to
verify and correct such information. You have given us certain information from Your Bank Account so that we can
verify the account number and routing number and you acknowledge that the account on which your ACH
Authorization is drawn is a legitimate, open, and active account.
Full Force and Effect
This ACH Authorization will remain in full force and effect until (i) we have received written notification from you
of its termination in accordance with the "Termination" paragraph above or (ii) upon full and final payment of the
amount you owe us under this Agreement.
ACH Credit
You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to reflect the accurate loan
balance under this Agreement.
Optional ACH Debit Authorization
PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER
INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING
AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY
SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU
ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS QWED AND
RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO
RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE
SPECIFIED ABOVE.
SECURITY
Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z A§ 1026.2,
we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending
purposes only, because federal and Illinois law do not clearly address whether our interest in the ACH Authorization
is a "security interest."
DEFAULT AND ACCELERATION
You will be in default under this Agreement for any of the following reasons: (i) if you do not pay in full a payment
on its scheduled due date; (ii) if you file for protection under the United States Bankruptcy Code, or become subject
to a proceeding which seeks relief from debt; or (iii) if you have made a false or misleading statement about an
important matter in connection with this Agreement, including your application for credit. If you fail to cure such
default, then we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable,
any other charges permitted by law immediately due and payable; and (ii) we may proceed to court to reduce our
claim to a judgment in accordance with Illinois law.
NON-WAIVER OF OUR RIGHTS
By choosing any one or more of these remedies, we do not give up our right to use another remedy later. By deciding
not to use any remedy should you be in default, we do not give up our right to consider the event a default if it
happens again. We may delay or refrain from enforeing any of our rights under this Agreement without waiving such
rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us.
CREDIT REPORTING
We may report information about your account to credit bureaus, Late payments, missed payments, or other defaults
on your account may be reflected in your credit report.
GOVERNING LAW, ASSIGNMENT and EXECUTION
The laws of the State of Illinois will govern this Agreement. However, any dispute arising out of this Agreement will
be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act ("FAA"), We may
ign or transfer this Agreement or any of our rights hereunder. If we approve this Agreement, then you agree that
this Agreement will be binding and enforceable as to both parties.
ARBITRATION PROVISION
Arbitration is a process in which per s with a dispute(s): (a) agree to submit their dispute(s) to a neutral third
person (an 4€cearbitratora€) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their
dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator, Pre-arbitration
discovery may be limited. Arbitration proceedings are private and less formal than court trials, The arbitrator will
issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely
overtums an arbitrator's decision.
READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT
ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS
DESCRIBED BELOW. IF YOU DO NOT DO SO:
1 YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL.
CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM
THAT IS SUBJECT TO ARBITRATION; and
YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION
WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS.
Interstate Commerce
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by
the Federal Arbitration Act (4€oeF AAA€), 9 U.S.C. AS 1 et seq., and not by any state arbitration law.
Scope
For purposes of this Arbitration Provision, the word 4€ceClaim4€ has the broadest possible meaning and includes,
without limitation (a) all federal or state law claim: disputes or controversies, whether preex ing, present or future,
arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this
Agreement, including your application, any past agreement or agreements between you and us, any loan or credit
product or related product or service obtained from us and any advice, recommendations, solicitations,
communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims,
cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c)
all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a
violation of any local tate or federal constitution, statute, ordinance or regulation, including without limitation all
claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you,
including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you
individually against us and/or any of our employees, directors, officers, shareholders, governo managers, members,
parent company or affiliated entities (hereinafter collectively referred to as a€cerelated third parti 46), including
claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other
persons and enti ies if you assert a Claim against such other persons and entities in connection with a Claim you
assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the
disclosure by us or related third parties of any non-public personal information about you.
Notwithstanding the foregoing, the word a€ceClaima€ does not include any dispute or controversy about the validity,
enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the
Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an
arbitrator to decide, However, any dispute or controversy that concems the validity or enforceability of the
Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply
to (1) any individual action brought by you in small claims court or your statea€™s equivalent court, unless such
action is transferred, removed, or appealed to a different court; or (2) any di utes that are the subject ofa class action
filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a
member of the putative class for as long as such class action is pending.
Class Action Waiver
Notwithstanding any other provision of this Arbitration Provision, ifeither you or we elect to arbitrate a Claim,
neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other
representative action in court or in arbitration, either as a class representative or class member; or (b) to join or
consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduet any arbitration in
violation of this provision or to issue any relief that applies to any person or entity other than you and/or us
individually, (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative
proceeding filed against us by a state or federal government agency even when such agency is secking relief on behalf
of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim
brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is
material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration
Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the partiesa€™ Arbitration
Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to
appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no
circumstances will a class action be arbitrated.
Electing Arbitration
A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt
requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your
notice must be sent to CashNetUSA, Attn.: General Counsel 4€* Arbitration Notice, 175 W. Jackson Blvd., Suite
1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. Ifa lawsuit
concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit.
Administrator
Regardless of who demands arbitration, you shall have the right to select either of the following arbitration
organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New
York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas,
TX 75225 (1-800-352-5267), http://www.jamsadr.com, However, the parties may agree to select a local arbitrator
who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association
and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as
administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator
or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside.
If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or
whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us
within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration
organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General
Counsel 4€* Arbitrator Selection Notic 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify
us, then we have the right to select an arbitration organization. The arbitration will be governed by the les and
procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules
and procedures by contacting the arbitration organization listed above. In the event of a conflict between the
provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other
administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration
Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other
party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party
prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the
arbitration proceeding in accordance with the administratora€™s rules and procedures.
Arbitrator and Award
Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator
will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that
relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court
would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion
that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In
determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law,
consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any
damages or other reliefor remedies that would apply under applicable law to an individual action brought in court,
including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed
by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that partya€™s individual claim).
Fees and Costs
At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to
you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if
any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If
you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount
again), We will not seek reimbursement of such fees from you even if we prevail in the arbitration. In addition, the
administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and
arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administratora€™s rules
or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to
award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the
administratora€™s mules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we
will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law
requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced, At the
timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision.
Appeal
The arbitrator's award shall be final and binding on all parties, except for any right of appeal provided by the FAA.
However, if the amount in controversy exceeds $50,000, you or we can, within 14 days after the entry of the award by
the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall
reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by
majority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be conducted pursuant to
or modeled afier the JAMS Optional Appeal Procedure, available at http://www .jamsadr.com/rules-optional-appeal-
procedure/. Reference in this Arbitration Provision to 4€cethe arbitratora€ shall mean the panel if an appeal of the
arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above
titled 4€ceFees and Costs.4€ Any final decision of the appeal panel is subject to judicial review only as provided
under the FAA, A judgment on the award may be entered by any court having jurisdiction.
Notice and Cure; Special Payment
Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and
effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis of your
Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the
4€ceNotice and Curea€ paragraph of the Arbitration Provision; and (¢) be sent to us by certified mail, return receipt
requested, at CashNetUSA, Attn.: General Counsel a€* Claim Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL
60604. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice,
we will credit you for the standard cost of a certified letter. You must give us a reasonable opportunity, not less than
30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your
‘own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information
we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointed; and
(iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such
relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees
and attorneys4€™ fees and costs to which you will also be entitled). We encourage you to address all Claims you
have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award
that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500
are not contemplated,
Binding Effect; Survival; Severability
This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns, This
Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This
Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The
Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any
transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If
any part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for
any reason, the remainder shall be enforceable.
OPT-OUT PROCESS
You may choose to opt out of this Arbitration Provi: ion but only by following the process set forth below. If you do
not wish to be subject to this Arbitration Provision, then you (both or all of you if more than one) must send us an
Opt Out Notice so that we receive it within forty-five (45) calendar days of the date of this Agreement at the
following address; CNU of Illinois, LLC, Attn.: General Counsel 175 W. Jackson Blvd., Suite 1000, Chicago, [L
60604. Your notice must be sent to us by certified mail, return receipt requested. Upon receipt of an Opt-Out Notice
we will credit you for the standard cost of a certified letter. Your Opt-Out Notice must include your name, address
social security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision
and must not be sent with any other correspondence. Indicating your desire to opt out of this Arbitration Provision in
any manner other than as provided above insufficient notice. Your decision to opt out of this Arbitration Provision
will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration
Provision and not to any prior or subsequent Arbitration Provision between you and us.
WAIVER OF JURY TRIAL
To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby
knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with respect to any litigation
arising out of or relating to this Agreement between you, on the one hand, and us or any of our employees, directors,
officers, shareholders, governors, managers, members, parent company or affiliated entities, on the other hand.
PRIVACY POLICY
Effective Date: The privacy policy was last updated July 6, 2016.
INTRODUCTION
Purpose. The purpose of this Privacy Policy is to describe how CNU Online Holdings, LLC (4€ceCNU,a€ or
A€ceWea€) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and
mobile applications) owned and controlled by us, including www.CashNetUSA.com (collectively referred to herein
as the 4€ce Websitea€). Please read this notice carefully to understand what we do. If you do not understand any
aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy.
Our Privacy Policy explains:
Information That We Collect
How We Use and Share Your Information
Access to Your Information and Choices
Security of Your Information
California Privacy Rights
Consent to Data Processing in United States
Changes to Our Privacy Policy
Questions and How Contact Us
Scope; Third Party Websites. This Privacy Policy applies only to information we collect at and through the
Website, Our Website also contains links to third party sites that are not owned or controlled by CNU. Please be
aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when
you leave our Website and to read the privacy statements of each and every website that collects personal
information.
Other Privacy Policies. For information about how we collect, use and share your financial information, please refer
to our Financial Privacy Notice
Terms of Use. Please note that your use of our Website is also subject to our Terms of Use.
INFORMATION THAT WE COLLECT
Information You Provide to Us
We collect information you provide to us, for example when you create or modify your
account, register to use our Website, purchase products or services from us, request
i formation from us, contact customer support, or otherwise communicate with us. This
information may include: Name; Home address; Email address; Home, work; and mobile
telephone numbers; Credit card number; Bank and/or other account numbers; Date of
Birth; Social Security Number; Drivera€™s License or other national, state, or government
ID numbers; and Salary and o
Preview
System Generated Hearing Date: 1/13/2025 10:00 AM MLG-4835907 Location: Court Room 1101 Judge: Allegretti, ) ohn Michael FILED 5/7/2024 11:35 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 20241112275 Courtroom, 1101 27581138 IN THE CIRCUIT COURT OF COOK COUNTY FIRST MUNICIPAL DISTRICT UHG ILLC, 9 Moet 12275 Plaintiff, Amount Claimed $1,559.42 plus Costs Brittany Williams Defendant, Complaint NOW comes Plaintiff, UHG I LLC by and through its counsel, Mandarich Law Group, LLP, and in support of its claim against Brittany Williams states as follows: 1 That Plaintiff, UHG I LLC is a foreign LLC registered to conduct business in the State of Illinois. 2 That Defendant Brittany Williams is an individual believed to be a resident of Cook County, Illinois at the commencement of this cause and venue is proper in the Circuit Court of Cook County, Illinois. 3 That on or about June 4, 2018, Defendant entered into a Consumer Loan A greement “Agreement” with CashNetUSA designated by account number XXX X 3518. 4 That Defendant received and used (or authorized the use of) the loan and thus became obligated to pay for charges incurred. 5. That Defendant defaulted on his/her obligation to make payments on the Consumer Loan account and the account was subsequently charged off to Profit and Loss resulting in the balance due of $1,559.42. 6 That Plaintiff, UHG I LLC became owner of the charged off account by virtue of a purchase entered into by Plaintiff and its predecessor(s) in interest. This communication is from a debt collector and is an attempt to collect a debt. 7 That all credits and payments have been properly applied. Defendant is not entitled to any additional credits or set offs on the account of any kind and the balance set forth herein is currently due and owing. 8 That demand has been made on Defendant to pay the balance due and owing by Plaintiff's counsel and said demand for payment has been refused. 9 This suit is filed within the relevant statute of limitations. WHEREFORE, Plaintiff, UHG I LLC prays that this Honorable Court enter an Order granting the following relief: A. That judgment be entered in favor of Plaintiff, UHG I LLC and against Brittany Williams in the amount of $1,559.42. B. That Costs of Suit be awarded Plaintiff. C. Any further relief that this Honorable Court deems is fair and equitable. pn —-- Attomey No.: 59794 George Petril! Mandarich Law Group, LLP Attomey For Plaintiff P.O. Box 109032 Chicago, IL 60610 877.285.4918 Email: Illinois@ mandarichlaw.com This communication is from a debt collector and is an attempt to collect a debt. WWR #:040884910 CLIENT #: 3556267 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT UHG I LLC Plaintiff, v. Case No. BRITTANY WILLIAMS Defendant, CREDIT CARD OR DEBT BUYER COLLECTION AFFIDAVIT (SUPREME COURT RULE 280.2) I, Kaelyn Kowalik , adesignated Agent of UHG I LLC, (Plaintiff). lam of adult age and am fully authorized by Plaintiffto make the following representations. | am familiar with the record keeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge: 1 IDENTIFICATION ABOUT THE CONSUMER DEBT OR ACCOUNT a. As of charge-off date: Full name of the Nature of the debt, Date the account Full name of the defendant as it Last four digits of (credit card debt, was opened or the creditor appears on the the account number payday loan, retail debt originated account installment loan, etc.) JUHG I LLC BRITTANY 3518 June 4, 2018 INSTALLMENT ILLIAMS PAYDAY LOAN (AGREEMENT b. Attach one of the following: [X] The written contract giving rise to the debt that is the subject of this court case (the “Consumer Debt”). Oo The court case is based on an unwritten contract, and attached is a copy of a document provided to the consumer while the account was active, demonstrating that the consumer debt was incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off balance shall be deemed sufficient to satisfy this requirement. The Plaintiff further certifies that it has in its possession and can produce on request the most recent monthly statement recording a purchase transaction, last payment, or balance transfer. The statement reflecting the charge-off balance will not reflect any post charge-off payments or credits by or to the charge-off creditor, the debt buyer or their attorneys. c. The most recent activity on the account prior to or after charge-off, includes: Amount of Original Total Amount of Date of Last Amount of Last Credits and/or Debt or Charge-Off} Charge-off Date Payment Payment Payments Since Balance Charge-off Date $1,559.42 December 11, 2018] June 29, 2018 $155.97 $0.00 *Credits or payments made within 30 days of the signing of this affidavit may not be reflected. 2 PROOF OF OWNERSHIP OR RIGHT TO SUE FOR DEBT BUYERS From (Name) To (Name) Date Assignment CASHNET UHG I LLC December 19, 2018 (J Does not apply — Plaintiff is the charge-off creditor. 3 ADDITIONAL ACCOUNT INFORMATION AFTER CHARGE-OFF Plaintiff is seeking additional amounts after the charge-off date: KI No 0 Yes. (J Total amount of interest accrued: (J Total amount of non-interest charges or fee accrued (1 Plaintiff is seeking attorney’s fees in the amount of Balance due and owning as of date of affidavit: $1,559.42 Under penalties as provided by law under section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [s]he verily believes the same to be true. Kaelyn Kowalik Name of Affiant Die Shenante of Affiant 1 a\ts Date ILLINOIS INSTALLM NT PAYDAY LOAN AGREEMEN' Disbursement Date: Jun 04 2018 Payment Date: Nov 16 2018 Agreement Date: June 02, 2018 Account #: 518 Loan #: Type of Contract: New Loan LICENSED LENDER'S OFFICE CNU of Illinois, LLC, d/b/a CashNetUSA 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 7605 BORROWER Brittany Williams 7940 S Paxton we 60617 183 107 In this Installment Payday Loan Agreement (hereinafter the €Agreementa€), the words a€ceyou,a€ and a€oyour,a€ and a€a:1a€ mean the borrower who has electronically signed it. The words 4€cewea€, a€ceusa€, 4€ceoura€ and a€ceLendera€ mean CNU of Illinois, LLC d/b/a CashNetUSA, licensed and regulated by the Illinois Department of Financial and Professional Regulation, Division of Financial Institutions, 100 W. Randolph, Suite 9-100, Chicago, IL 60601. This Agreement is made pursuant to the Illinois Payday Reform Act, 815 ILCS 122/I-1,et seg. In order to complete your transaction with us, you must electronically sign this Agreement by cl king the "I Agree” button below. We will then approve or deny the Agreement. If the Agreement is approved, it will be consummated as of June 04, 2018 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank Account on the Disbursement Date designated above. We rely on the representations of you and other parties in determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing errors and/or other events beyond our reasonable control may extend the time of the deposit. FEDERAL TRUTH IN LENDING DISCLOSURES | ANNUAL FINANCE Amount | PERCENTAGE |RATE CHARGE | Financed Total | of Payments | The amount The cost of your | amount The dollar of credit credit as a yearly | ithe | Provided The amount you will have paid after you have made all payments as scheduled. rate. to you or } cost you. on your behalf. | I [341.08% $915.39 $800.00 | $1715.39 |Your payment schedule will be: ‘ment Amount of | When Payments Are 0. | Payments | Due yi (8155.97 [062 9/2018 _|{$155.97 owen _ (07/13/2018 3 |'$155.97 ——— | (o727/2018 __| C $= 155.97 | 08/10/2018 $155.97 lk = |los/24/2018 lo ~/8155.97_ |o9/072018 EF $155.97 __|ov212018 8 $155.97 \/10/05/2018 ie _ $155.97 [i 1/21 $155.97 \1 /2018 11 $155.69 11/1672018 \Security lYou are giving a security interest in the ACH Authorizations for this loan. Prepayment If you pay off your loan early, you will be entitled to a refund of the unearned finance charge If you pay off early, you will not have to pay a penalty. [See your contract documents for any additional information about nonpayment, default, any required repayment int full before the scheduled date, and prepayment refunds and lack of penalties. UP: 14/364 Itemization of Amount Financed of $800.00 800.00 Amount given directly to you PROMISE TO PAY AND CALCULATION OF INTEREST You promise to pay us the Total of Payments set forth in the Federal Truth-in-Lending Disclosures above in substantially equal and consecutive installments in accordance with the Payment Schedule above. The finance charge under this Agreement is calculated by applying $15.50 per $100 on the initial principal balance and on the principal balances scheduled to be outstanding according to the Payment Schedule, You also promise to pay any other charges provided for under this Agreement. We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (C) includes your account number on the memo line or elsewhere on the front of the check, A payment satisfying these requirements that is received after 5:00 p.m. Central time at the address above on any day (including the payment due date) will be credited as of the next day. Credit for any other payments may be delayed up to five (5) business days. INSUFFICIENT FUNDS CHARGE You agree to pay a charge of up to $25 if your payment is returned unpaid and we incur an expense as a result of the returned payment. Consent to Electronic Communications The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the trar ction (the "Consent"). By electronically signing this Agreement by clicking the "| AGREE" button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that: + Any and all communication concerning our decision on your application, the terms of any credit that may be + provided to you, our privacy policy, the status and history of any extension of credit, and any further disclosures required by federal or state law (the 4€c:Disclosuresi€) may be provided through this website or by email, The Disclosures may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; (6) the federal Telephone Consumer Protection Act; and (7) any other applicable federal, state or local law or regulation. » Your consent applies not only to the application and any resulting extension of credit, but also to any payment plan or other ancillary agreement related to your extension of credit and to any application for a future extension of credit. * To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with Internet access; (2) a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an email address; and (5) either a printer, hard drive or other storage device. * You may contact us by mail at 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604 or phone at (888) 801-9075 to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your Consent to receive information electronically; or (iii) change the email address at which you will receive communications from us. There are no conditions, consequences, or fees associated with withdrawing your consent other than that we would no longer communicate with you electronically. CANCELLATION You may cancel future payment obligations under this Agreement, without cost or finance charges, no later than 5:00 p.m, Central Time on the second business day immediately following the Disbursement Date (Cancellation Deadline"). To cancel future payment obligations on this loan, you must inform us in writing, by or betore the Cancellation Deadline, either by email to support@cashnetusa.com or by fax to 866.326.5265, that you want to cancel the future payment obligations on this loan and that you authorize us to effect a debit entry to Your Account for the principal amount of the Agreement. In the event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but before the loan proceeds have been credited to Your Account, we will not effect a debit entry to Your Account and both our and your obligations under this Agreement will be cancelled. In the event that we timely receive your written notice of cancellation on or before the Cancellation Deadline but after the loan proceeds have been credited to Your Account, we will effect a debit to Your Account for the principal amount of the Agreement. If we receive payment of the principal amount via the debit, our and your obligations under this Agreement will be cancelled. If we do not receive payment of the principal amount via the debit, then the Agreement will remain in full force and effect, PREPAYMENT You shall have the right to make payment in advance and in any amount on this Agreement at any time. You will not incur any additional charge, fee or penalty for prepayment, but in order to make a prepayment, you must be current on your loan and all outstanding charges and past due installments must be paid in full. (See Application of Payments below). If you prepay in full, then we will refund the unearned finance charge in accordance with Illinois law. To process a partial or full prepayment or receive a payoff balance, you should call us or tell us in writing via fax (866-326-5265), e-mail (support@cashnetusa.com), or by logging into our web site, of your intent to prepay. Please note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing. APPLICATION OF PAYMENTS All payments we receive will be applied to outstanding installments (and related insufficient funds charges, if any) in the order originally scheduled under the Payment Schedule. If you are not past due, (that is, all payments are current), you may prepay your loan and any such prepayment will be applied to your loan as of the date received (first to finance charges owing and then to principal), Such prepayment, however, will not be applied to any future installment, and therefore, you must pay all future installments as originally scheduled. A prepayment in full may reduce (i) total amount of Finance Charges you are scheduled to pay under this Agreement, (ii) the number of installments you will have to pay, and/or (iii) the final installment. ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data Verification Form (@€ceYour Bank Accounta€) with the proceeds of your loan, In the event that we make an error in processing this ACH (or any other ACH), you further authorize us to initiate an ACH to correct the error. You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance under this Agreement. AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND TRANSFERS (ACH DEBITS) ACH Authorization for Installment Payments, Fees and, in the Event of Acceleration, the Loan Balance You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our choosing)(&€aACHa€) from Your Bank Account for the following: + Each of the installment payments due under the Agreement (or, if you make a partial installment payment, the amount of the installment less the amount of any such payment) on or after its due date; + Any late/delinquency charge and returned payment fee, if permitted by law and provided for in the Agreement, due to us as a result of a late payment or prior rejected ACH; * In the event that you default and we declare the entire outstanding balance (the 4€aAccelerated Balancea€), including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the Accelerated Balance; and * The amount required to correct any error we make in processing an ACH. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under the Agreement. You agree that we may resubmit any returned ACH as permitted by law and network rules. We are not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to provide you with advance notice ofan ACH we initiate for an installment payment if the amount of the ACH is less than the installment payment (for example, due to partial payment). Returned Payments If your bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account has sufficient funds to cover payments using a third party service provider. We may elect not to initiate an electronic fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will email you prior to any such due dates to inform you if we elect not to initiate an electronic fund transfer for that payment. The amount will still be due and payable, and you will be responsible for making alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization. Modified Charges Instead of, or in addition to, any of the ACHs described above, you authorize us to process any ACHs you subsequently confirm by phone, facsimile, text message or email. Range of Varying Amounts Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in lieu of providing the notice of transfers in varying amounts). The amount of any ACH debit will range from (i) the payment amount provided in the payment schedule (which may be less than a scheduled payment if partial prepayments have been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a payment based upon your actual payments), plus as applicable, any returned payment (NSF) charges you may owe under the Agreement. For any debit outside of this specified range, we will send you a notice. Therefore, by agreeing to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the range specified above. Dates You acknowledge and agree that this ACH Authorization is an authorization to initiate an ACH debit entry to Your Bank Account on each date scheduled in this Agreement and/or thereafter, upon default and acceleration of this Agreement, and upon the occurrence of any event requiring payment described herein (such as for NSF charges). ‘Termination You understand and acknowledge that you may terminate this ACH Authorization by notifying us in writing by fax at 866-326-5265 or e-mail at support@cashnetusa.com at lea st 3 days prior to the effective date of the termination. Your Bank Account Information If there is any mi ing or erroneous information regarding Depository or Your Bank Account then you authorize us to verify and correct such information. You have given us certain information from Your Bank Account so that we can verify the account number and routing number and you acknowledge that the account on which your ACH Authorization is drawn is a legitimate, open, and active account. Full Force and Effect This ACH Authorization will remain in full force and effect until (i) we have received written notification from you of its termination in accordance with the "Termination" paragraph above or (ii) upon full and final payment of the amount you owe us under this Agreement. ACH Credit You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to reflect the accurate loan balance under this Agreement. Optional ACH Debit Authorization PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS QWED AND RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE SPECIFIED ABOVE. SECURITY Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z A§ 1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because federal and Illinois law do not clearly address whether our interest in the ACH Authorization is a "security interest." DEFAULT AND ACCELERATION You will be in default under this Agreement for any of the following reasons: (i) if you do not pay in full a payment on its scheduled due date; (ii) if you file for protection under the United States Bankruptcy Code, or become subject to a proceeding which seeks relief from debt; or (iii) if you have made a false or misleading statement about an important matter in connection with this Agreement, including your application for credit. If you fail to cure such default, then we may (i) declare the entire outstanding balance that you owe under this Agreement, and if applicable, any other charges permitted by law immediately due and payable; and (ii) we may proceed to court to reduce our claim to a judgment in accordance with Illinois law. NON-WAIVER OF OUR RIGHTS By choosing any one or more of these remedies, we do not give up our right to use another remedy later. By deciding not to use any remedy should you be in default, we do not give up our right to consider the event a default if it happens again. We may delay or refrain from enforeing any of our rights under this Agreement without waiving such rights. You understand that any waiver of our rights will not be effective unless it is in writing signed by us. CREDIT REPORTING We may report information about your account to credit bureaus, Late payments, missed payments, or other defaults on your account may be reflected in your credit report. GOVERNING LAW, ASSIGNMENT and EXECUTION The laws of the State of Illinois will govern this Agreement. However, any dispute arising out of this Agreement will be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act ("FAA"), We may ign or transfer this Agreement or any of our rights hereunder. If we approve this Agreement, then you agree that this Agreement will be binding and enforceable as to both parties. ARBITRATION PROVISION Arbitration is a process in which per s with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an 4€cearbitratora€) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator, Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials, The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overtums an arbitrator's decision. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO: 1 YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL. CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS. Interstate Commerce This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (4€oeF AAA€), 9 U.S.C. AS 1 et seq., and not by any state arbitration law. Scope For purposes of this Arbitration Provision, the word 4€ceClaim4€ has the broadest possible meaning and includes, without limitation (a) all federal or state law claim: disputes or controversies, whether preex ing, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation of any local tate or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governo managers, members, parent company or affiliated entities (hereinafter collectively referred to as a€cerelated third parti 46), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and enti ies if you assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. Notwithstanding the foregoing, the word a€ceClaima€ does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide, However, any dispute or controversy that concems the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to (1) any individual action brought by you in small claims court or your statea€™s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any di utes that are the subject ofa class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending. Class Action Waiver Notwithstanding any other provision of this Arbitration Provision, ifeither you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduet any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually, (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is secking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the partiesa€™ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to CashNetUSA, Attn.: General Counsel 4€* Arbitration Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. Ifa lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit. Administrator Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com, However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside. If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General Counsel 4€* Arbitrator Selection Notic 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the les and procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administratora€™s rules and procedures. Arbitrator and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other reliefor remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that partya€™s individual claim). Fees and Costs At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again), We will not seek reimbursement of such fees from you even if we prevail in the arbitration. In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administratora€™s rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the administratora€™s mules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced, At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision. Appeal The arbitrator's award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, you or we can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be conducted pursuant to or modeled afier the JAMS Optional Appeal Procedure, available at http://www .jamsadr.com/rules-optional-appeal- procedure/. Reference in this Arbitration Provision to 4€cethe arbitratora€ shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above titled 4€ceFees and Costs.4€ Any final decision of the appeal panel is subject to judicial review only as provided under the FAA, A judgment on the award may be entered by any court having jurisdiction. Notice and Cure; Special Payment Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis of your Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the 4€ceNotice and Curea€ paragraph of the Arbitration Provision; and (¢) be sent to us by certified mail, return receipt requested, at CashNetUSA, Attn.: General Counsel a€* Claim Notice, 175 W. Jackson Blvd., Suite 1000, Chicago, IL 60604. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit you for the standard cost of a certified letter. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your ‘own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys4€™ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated, Binding Effect; Survival; Severability This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns, This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. OPT-OUT PROCESS You may choose to opt out of this Arbitration Provi: ion but only by following the process set forth below. If you do not wish to be subject to this Arbitration Provision, then you (both or all of you if more than one) must send us an Opt Out Notice so that we receive it within forty-five (45) calendar days of the date of this Agreement at the following address; CNU of Illinois, LLC, Attn.: General Counsel 175 W. Jackson Blvd., Suite 1000, Chicago, [L 60604. Your notice must be sent to us by certified mail, return receipt requested. Upon receipt of an Opt-Out Notice we will credit you for the standard cost of a certified letter. Your Opt-Out Notice must include your name, address social security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision and must not be sent with any other correspondence. Indicating your desire to opt out of this Arbitration Provision in any manner other than as provided above insufficient notice. Your decision to opt out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us. WAIVER OF JURY TRIAL To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with respect to any litigation arising out of or relating to this Agreement between you, on the one hand, and us or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities, on the other hand. PRIVACY POLICY Effective Date: The privacy policy was last updated July 6, 2016. INTRODUCTION Purpose. The purpose of this Privacy Policy is to describe how CNU Online Holdings, LLC (4€ceCNU,a€ or A€ceWea€) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.CashNetUSA.com (collectively referred to herein as the 4€ce Websitea€). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy. Our Privacy Policy explains: Information That We Collect How We Use and Share Your Information Access to Your Information and Choices Security of Your Information California Privacy Rights Consent to Data Processing in United States Changes to Our Privacy Policy Questions and How Contact Us Scope; Third Party Websites. This Privacy Policy applies only to information we collect at and through the Website, Our Website also contains links to third party sites that are not owned or controlled by CNU. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects personal information. Other Privacy Policies. For information about how we collect, use and share your financial information, please refer to our Financial Privacy Notice Terms of Use. Please note that your use of our Website is also subject to our Terms of Use. INFORMATION THAT WE COLLECT Information You Provide to Us We collect information you provide to us, for example when you create or modify your account, register to use our Website, purchase products or services from us, request i formation from us, contact customer support, or otherwise communicate with us. This information may include: Name; Home address; Email address; Home, work; and mobile telephone numbers; Credit card number; Bank and/or other account numbers; Date of Birth; Social Security Number; Drivera€™s License or other national, state, or government ID numbers; and Salary and o