Preview
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
AFFIDAVIT OF CLAIM
AND CERTIFICATION OF AMOUNT DUE
STATE OF MISSOURI )
) ss:
COUNTY OF ST. LOUIS )
ACCOUNT HOLDER(S): TODD HAUGE
ACCOUNT NUMBER: 6570
The undersigned, A "'Hwm! 09 N HGVIV , being duly sworn, states and deposes as
follows:
1. I am an authorized agent of U.S. BANK NATIONAL ASSOCIATION, a national
banking association organized under the laws of the United States (hereinafter the
"Bank") with a place of business at 9321 Olive Blvd., St. Louis, MO 63132, I am
duly authorized by the Bank to make the statements and representations herein.
2. In my position, I am familiar with the business operations and practices of the Bank,
particularly with respect to the computerized and hard copy business records
relating to the credit card accounts issued by the Bank, including the records of
accounts and the applicable agreements discussed herein. I have personal
knowledge of the business records and practices of the Bank to confirm the
transmittal of account agreements, notices, billing statements, and other documents.
In my day to day responsibilities I have access to the account records created and
maintained by the Bank.
3. The billing statements and other documents referred to herein were created at or
near either the time of the transactions/occurrence or the time the original
statements were made and have been kept by the Bank in the ordinary course of
business. In my experience, the systems used by the Bank to create and maintain
data for and to produce billing statements and other documents are reliable and
accurate.
4. That the Credit Card Account is governed by a written agreement (the
"Agreement") setting forth the terms and conditions of an account; when an account
is opened, the Agreement is provided to the Account Holder. The Agreement
provides that use of the Credit Card or the Credit Card Account constitutes
acceptance of the Agreement and that the Bank may change the Agreement during
the life of the Credit Card Account.
Cardholder affidavit general 4.19.17 final
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
5 That the Bank sends or otherwise makes available monthly billing statements to
Account Holders who carry a balance or are otherwise required to receive a monthly
billing statement.
6 That the Bank is the creditor of the above referenced Account and holds the right
to enforce the terms of the Agreement.
That the above referenced Account was opened on or about 12/05/20 by TODD
HAUGE.
It is the Bank's standard procedure to provide a copy of the Account Agreement to
Account Holder when the Bank opened the Account. In the ordinary course of
business, copies of each of the Agreements or notifications of changes were made
available to Defendant as they were periodically revised or updated.
9 That pursuant to the terms and conditions of the Account, TODD HAUGE obtained
extensions of credit by using the Account for purchases of goods and/or services
and/or cash advances.
10. That the Bank's records reflect that it provided monthly billing statements to
Account Holder.
11. That the Bank's records do not reflect the Account Holder ever asserting a valid
unresolved objection to the balance shown as due and owing on the monthly
statements provided to the Account Holder.
12. That at the time the Bank charged off the Account on or about 08/31/23 the
balance showing on the books and records of the Bank was $15,007.13. After the
Bank charged off the Account, there have been no additional payments or
financial adjustments since the last statement and the balance as of the date of this
affidavit is $15,007.13.
13. That pursuant to the books and records of the Bank, there are no uncredited
payments or offsets attributable to the Account and the amount shown as due and
owing is just, true and correct.
14. Attached hereto as Exhibit 1 are true and correct copies of statement(s) from the
Account Holder's Account reflecting account activity. The entries on these
records were made at or near the time of the transactions reflected on the records
and were made in the regular course of business of the Bank. Attached hereto as
Exhibit 2 is a true and correct copy of the applicable Agreement for the account.
15. The information set forth herein is true and correct to the best of the
undersigned's knowledge, information and belief and, if called as a witness, I
could competently testify thereto.
16. I declare under the penalty of perjury under the laws of the forum state that the
foregoing is true and correct to the best of my knowledge, information and belief.
Cardholder affidavit general 4.19.17 final 2
HAUGE Acct#6570
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
FURTHER AFFIANT SAYETH NOT.
US. BANK NATIONAL ASSOCIATION
By; M Kit
Name: Ant-bani! DeNMark
Subscribed and sworn to before me this I
H'
day of I J U "C , 2024 by
A Mite" DcNNAYk as an Authorized Agent of US. BANK NATIONAL
ASSOCIATION.
mm M' (Notary Seal)
Notary Public
ETHAN LEMBKE
Notary Public Notary Seal'
-
Jefferson County State of Missouri
-
Commission Number 22959605
My Commission Expires Feb
23, 20%6
Cardholder affidavit general 4.19.17 final 3
HAUGE Acct#6570
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
EXHIBIT 1
mm
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
HARLEY"- DAVIDSON' VISA'
August 2023 Statement Page 1 of 3
Open Date: 07/04/2023 Closing Date: 08/02/2023 Account: 6570
' Harley-Davidson® Visa Signature® card Cardmember Service (I' 1-800-699-2281
TODD HAUGE BNK 1o HDv 8 1
New Balance $15,007.13 Activity Summary
Minimum Payment Due $3,870.00 Previous Balance $14,654.94
Payment Due Date 0812812023 Payments $0.00
Other Credits $0.00
Late Payment Warning: Ifwe do not receive your Purchases
minwmum payment by the date hated above, you may have
$0.00
to pay upto a $41 00 Late Fee
Balance Transfers $0.00
Advances $0.00
Other Debits $0.00
Minimum Payment Warning: if you make only the minimum
Fees Charged $0.00
payment each period, you will pay more in interest and it will
take you longer to pay off your balance. For example: Interest Charged $352.19
If you make no You will pay off And you will New Balance $15,007.13
additional charges the balance shown end up paying Past Due $3,382.00
using this card and on this statement an estimated Minimum Payment Due $3,870.00
each month you in about... total of...
pay... Revolving Line of Credit $13,500.00
Only the minimum 17 years $38,114 Revolving Line Available None
payment Days in Billing Period 3O
$630 3 years $22,709
(Savings=$ 15,405)
Rewards Points
Earned This Statement 0
Ifyou would like information about credit counseling services, Total as of 08/01/2023 20,727
call 866-951-1391. For details, see your rewards summary.
Payment Mail payment coupon Pay online at Pay by phone Pay at your local
Options: with a check h-dvisa.com 'II 1-800-699-2281 / \ u.s. Bank branch
Make a payment online OR Please printout and send this portion of statement with payment to the address listed
wbank: Account Number
Payment Due Date
6570
8/28/2023
24-Hour Cardmember Service: 1-800-699-2281 New Balance $15,007.13
Minimum Payment Due $3,870.00
. to pay by phone
'II . to change your address
Amount Enclosed 9i
000010993 01 SP 000638527962627 E
U.S. Bank
TODD HAUGE
25347 COUNTY ROAD 23 P-O' 39X 790408
GLENwooo MN 56334-4018 St. Louis, MO 63179-0408
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335.
In your letter or call, give us the following information:
b Account information: Your name and account number.
F Dollar amount: The dollar amount of the suspected error.
b Description of Prob/em: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error,
the following are true:
b We cannot try to collect the amount in question, or report you as delinquent on that amount.
b The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine
that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
b While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
V We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid forthe purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box
6335, Fargo, ND 58125-6335
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our
decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1. INTEREST CHARGE: Method of Computing Balance Subject to Interest Rate: We calculate the periodic rate or interest portion of the
INTEREST CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new
transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest
from each category. We determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in
each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the
billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but
unpaid interest, fees, credit insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or
credits applied against your Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for
those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances
and Balance Transfers is added to the appropriate balances for those categories each month on the statement date. Billed but unpaid
Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Any billed but
unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they
are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the
date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the ADB of your
Account that accrues interest and will reduce the amount of credit available to you.To the extent credit insurance charges, overlimit fees,
Annual Fees, and/or Travel Membership Fees may be applied to your Account, such charges and/or fees are not included in the ADB
calculation for Purchases until the first day ofthe billing cycle following the date the credit insurance charges, cverlimit fees, Annual Fees
and/or Travel Membership Fees (as applicable) are charged to the Account, Prior statement balances subject to an interest-free period that
have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: We will accept payment via check, money order, the internet (including mobile and online) or phone or previously
established automatic payment transaction. You must pay us in U.S. Dollars. If you make a payment from a foreign financial institution, you
will be charged and agree to pay any collection fees added in connection with that transaction. The date you mail a payment is different than
the date we receive the payment. The payment date is the day we receive your check or money order at U.S. Bank National Association, P.O.
Box 790408, St. Louis, MO 631790408 or the day we receive your internet or phone payment. All payments by check or money order
accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by
5:00 p.m. CT on any banking day. Payments sent without the payment coupon or to an incorrect address will be processed and credited to
your Account within 5 banking days of receipt. Payments sent without a payment coupon or to an incorrect address may result in a delayed
credit to your Account, additional interest charges, fees, and/or Account suspension. The deadline for on-time internet and phone payments
varies, but generally must be made before 5:00 p.m. CT to 8 p.m. CT depending on what day and how the payment is made. Please contact
Cardmember Service for internet, phone, and mobile crediting times specific to your Account and your payment option. Banking days are all
calendar days except Saturday, Sunday and federal holidays. Payments due on a Saturday, Sunday or federal holiday and received on those
days will be credited on the day of receipt. There is no prepayment penalty if you pay your balance at any time prior to your payment due
date.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on
your Account may be reflected in your credit report.
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
w bank HARLEY- DAVIDSON" VISA'
August 2023 Statement 07/04/2023 -
08/02/2023 Page 2 of 3
TODD HAUGE Cardmember Service 1-800-699-2281
cod; smasmsga
~ ~
.H§y|§9-Dayigsén',v:sa Rewardszsummary
=
~
Refgrifirai
Preferred Dealer: ELK RIVER HARLEY-DAVIDSON Rewards Redemptions:
19600 EVAN ST NW Genuine Rewards Order Line
ELK RIVER, MN 55330- 1-800-699-2281
Rewards Earned This Statement
Standard Points 0
Rewards Center Activity as of 08/01/2023
Rewards Center Activity*
i
0
Rewards Center Balance 20,727
*This item includes points redeemed, expired and adjusted.
DON'T FORGET: Earn points for all the things that make your ride memorable, and turn 2,500 points into
$25! Whether you redeem for an H-D Gift Card, or use Real-Time Rewards, H-D Visa gets you closer to the
gear you want and services you need. Visit H-DVisa.com for details on earning, redeeming and everything in
between.
GENUINE REWARDS POINTS EXPIRE ON DECEMBER 31, 3 YEARS FROM THE DATE EARNED.
Importantltiiessag'es'
Paying Interest: You have a 24 to 30 day interest-free period for Purchases provided you have paid your
previous balance in full by the Payment Due Date shown on your monthly Account statement. In order to
avoid additional INTEREST CHARGES on Purchases, you must pay your new balance in full by the
Payment Due Date shown on the front of your monthly Account statement.
There is no interest-free period for transactions that post to the Account as Advances or Balance Transfers
except as provided in any Offer Materials. Those transactions are subject to interest from the date they post
to the Account until the date they are paid in full.
If you believe we have inaccurately reported information to any Consumer Reporting Agency, you may
submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your
name, address, phone number, account number, the specific information you are disputing, the explanation
of why it is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to:
U.S. Bank National Association
Consumer Recovery Department
Attn: CBR Disputes
P.O. Box 108
St Louis, MO 63166-0108
Your account is seriously past due. We have very attractive settlement and reduced interest/payment
programs. We urge you to call us at 1-877-8384346.
Earn H-D Genuine Rewards points on all your monthly bills when you pay
them with your H-D Visa Card. Use your H-D Visa Card to automatically pay
bills like phone, cable, utilities, insurance, and subscriptions.
It's a convenient, no-hassle way to make payments!
Visit h-dvisa.com/paymybills for details.
.Tr'a'nsaefia ns'?
Interest Charged
Post
Date Transaction Description Amount
08/02 INTEREST CHARGE ON PURCHASES $352.19
Continued on Next Page
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
HARLEY DAVI DSON' VISA
@bank.
August 2023 Statement 07/04/2023 -
08/02/2023 Page 3 of 3
TODD HAUGE Cardmember Service 1-800-699-2281
' ' '
Tréfisacfi05si;.'
Interest Charged
Post
Date Transaction Description Amount
TOTAL INTEREST THIS PERIOD $352.19
2023'Tfitats Year-to-Date
Total Fees Charged in 2023 $246.00
Total Interest Charged in 2023 $2,572.64
2ihterestuc'narge Calcutation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
Balance Annual Expires
Balance Subject to Interest Percentage with
Balance Type By Type Interest Rate Variable Charge Rate Statement
"BALANCE TRANSFER $0.00 $0.00 YES $0.00 29.24%
"PURCHASES $15,007.13 $14,654.94 YES $352.19 29.24%
"ADVANCES $0.00 $0.00 YES $0.00 29.99%
gonta'cti.fis
'
"
'
Phone
Voice: 1-8006992281
® Questions
Cardmember Service US. Bank
Mail payment coupon
with a check \@
h-dvisa.com
Online
TDD: 1888352-6455 PO. Box 6339 PO. Box 790408
Fax: 1-866-568-7729 Fargo, ND 58125-6339 St. Louis, MO 63179-0408
End of Statement
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
EXHIBIT 2
2003
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
U.S. Bank National Association Page 1 Of 1O
P. O. Box 6352
Fargo, ND 58125-6352
I-.-I-.II-I-- --.-.II-.I.--quIII-.III-
000002793 02 SP 106481727463570 S
HAUGE,TODD
102 LEE ST
BIG LAKE MN 55309-8600
ARCHIVE NOT MAILED
-
Harley-Davidson® Visa Signature® card Agreement
Interest Rates and Interest Charges
Annual Percentage Rate
(APR) for Purchases
28..74% This APR will vary with the market and is based on the Prime Rate.
APR for Balance Transfers 28.74%. This APR will vary with the market and is based on the Prime Rate.
APR for Cash Advances 29.99%. This APR will vary with the market and is based on the Prime Rate.
Penalty APR and There is no Penalty Rate for your Account.
When It Applies
Paying Interest Your due date is 24-30 days after the close of each billing cycle. We will not charge you
interest on Purchases if you pay your entire balance, by the due date each month. We
begin charging interest on Advances and Balance Transfers on the transaction date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial visit the website of the Consumer Financial Protection Bureau at
Protection Bureau http:Ilwww.consumerfinance.govllearnmore.
Fees
Set Up and Maintenance NOTICE: Some of these set-up and maintenance fees will be assessed before you
Fees begin using your Card and based on your Revolve Limit, your initial available credit will
be less.
You may still reject this Account, provided that you have not yet used it or paid a fee
after receiving a billing statement. lf you do reject the Account, you are not responsible
for any fees or charges.
- Annual Membership Fee NONE
- Travel Membership Fee NONE
- Enrollment Fee NONE
Transaction Fees
- Balance Transfer and Either $5.00 or 3.00% of the Transfer or Advance amount, whichever is greater
Convenience Check (maximum fee (No Maximum)).
Advance
- Cash Advance ATM Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
(No Maximum)).
- Cash Financial Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
Institution (No Maximum)).
- Cash Equivalent Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
Advance (No Maximum)).
- Overdraft Protection NONE
-
Foreign Transaction 2.00% of each foreign purchase transaction in U.S. Dollars.
61-CV-24-244
Filed in District Court
State of Minnesota
6/24/2024 10:38 AM
000002793 02 SP 106481727463570 S Page 2 of 10
Transaction Fees (cont.)
3.00% of each foreign purchase transaction in a Foreign Currency.
2.00% of each foreign ATM advance transaction in U.S. Dollars.
3.00% of each foreign ATM advance transaction in a Foreign Currency.
Penalty Fees
- Late
Payment The first time your payment is late, a Late Payment Fee of up to $30.00 will be
assessed. If another payment is late during the next 6 billing cycles, a Late Payment
Fee of up to $41.00 will be assessed.
- Overlimit NONE
- Returned Payment The first time your payment is returned, a Returned Payment Fee of up to $30.00 will be
assessed. lf another payment is returned during the next 6 billing cycles, a Returned
Payment Fee of up to $41.00 will be assessed.
How We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)."
See your Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your
Agreement.
Introductory Balance Transfer: The interest rate that is applied to your Account will apply only to those Balance
Transfers made in accordance with offers extended when your Account was opened.
Harley-Davidson® Visa Signature® card Cardmember Agreement (a) the credit available under your Revolve Limit is less than the Convenience Check
This is a cardmember agreement and disclosure statement ("Agreement") between you amount;
and U.S. Bank National Association containing the terms that will apply to your (b) the Account is in Default; or
Harley-Davidson® Visa Signature® card Account ("Account") effective May 3, 2023. (c) the Convenience Check is improperly endorsed or othenNise fails to conform to our
ln this Agreement, "you", "your", and "Cardmember" means each individual accepting a regularly accepted standards for check payment.
solicitation or applying for the Account or othenNise agreeing to be responsible for the Convenience Checks may not be used to pay your Account or any obligation you owe
Account. "We", "us", and "our" means U.S. Bank National Association, the issuer of the us or our affiliates.
Card and your Account creditor. Please read this Agreement carefully and keep it in a 6. Paying and Stopping Payment on Convenience Checks: You must use the number
safe place to make the best use of the credit cards we issue with this Account ("Card"). and address provided in the Lost or Stolen Card or Other Information section to
The Agreement becomes effective as soon as you or someone authorized by you uses request that payment be stopped on a Convenience Check. You must call us promptly
or activates the Card or Account. Even if the Card or Account has not been used or with an oral stop payment request and then provide us with a written confirmation of
activated, this Agreement becomes effective unless you contact us within 30 days after the stop payment request within 14 calendar days. Any written stop payment request
you receive the Card by calling the number on the back of the Card to cancel your we receive will remain in effect for 6 months. unless you renew the request in writing
Account. In addition to this Agreement, there are also relevant Account disclosures on before the end of that time. We may pay Convenience Checks more than 6 months
your Card carrier. old. There may be circumstances under which a Convenience Check must be paid,
This Agreement contains an arbitration provision (including a class action even if we have received a stop payment request from you. We will not be liable to you
arbitration waiver). It is important that you read the entire Arbitration Provision if we do not honor your stop payment request under those circumstances. If it is
section carefully. determined that a Convenience Check should have been paid, but was not, we will not
be liable for any consequential, punitive or incidental damages if we acted in good
ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT faith. Our only obligation under those circumstances will be to pay the designated
1. Personal Use: You may use the Account only for personal, family or household payee the amount of the Convenience Check and cancel any charges assessed
purposes. Federal or state consumer protection laws may not apply if you use the your Account as a result of any wrongful failure to honor the Convenience
Account for other than personal, family, or household purposes. against
hec .
2. Purchases: You may use the Account to buy, lease or othenNise obtain goods or 7. Balance Transfers: We may permit you to transfer balances and obligations that you
services from participating merchants (including transactions you initiate by mail. owe other companies or financial institutions to your Account, subject to the terms and
telephone or over the Internet), or take advantage of special promotional Balance conditions disclosed in the Offer Materials ("Balance Transfers"). Balance Transfers
Transfer offers that post as Purchase transactions ("Purchases"). We will, in will post to your Account and be separately reflected on monthly Account statements
connection with any promotional offer we make from time to time, provide information as a Balance Transfer, or, depending upon the offer. may post to the Account and be
on your Card carrier or in additional materials (the "Offer Materials") that explain treated as a Purchase or an Advance. We will, in connection with any Balance
whether those transactions will post and be treated as a Purchase. Even if you have Transfer offer we make, provide you with materials that explain how the Balance
not signed a sales draft or the merchant has not supplied you with a written receipt or Transfer will post to your Account and be reflected on monthly Account statements.
other proof of sale, you are responsible for all Purchases made through your Account, You may not request Balance Transfers on existing obligations you owe us or our
except as expressly limited by applicable law (see Your Billing Rights section below for affiliates. If you request a Balance Transfer that would cause your Account to exceed
more details). its Revolve Limit, we may, at our option, (a) post the entire Balance Transfer requested
to your Account; (b) post only a portion of the Balance Transfer requested to your
3. Advances: "Advances" are transactions other than Purchases that allow you direct Account up to the amount of credit available under the Revolve Limit; or (c) refuse to
access to funds available through your Account. Advances may include Account
transactions such as cash advances you obtain directly from us, automated teller process the entire amount of the Balance Transfer requested.
machines ("ATMs") or other participating financial institutions ("Cash Advances"). ATM 8. U.S. Bank Overdraft Protection: This section is part of the Agreement only if you
and financial institution Advances include phone (automated phone system and 24 have specifically requested and have obtained an Overdraft Protection Plan by linking
Hour customer service assisted) and Internet transfers. Advances also include some the Account with a designated U.S. Bank personal checking account ("checking
Balance Transfers, Convenience Checks, FastCash, Overdraft Protection Advances account"). An "Overdraft Protection Advance" is an advance of funds to your
and Cash Equivalent Advances. "Cash Equivalent Advances" include transactions to designated checking account from this Account that will help cover overdrafls on your
acquire or initiate wire transfers, traveler's checks, cashier's checks, money orders, checking account. Any Overdraft Protection Advance will post and be charged interest
foreign cash transactions, casino gaming and betting transactions and lottery tickets. as an Advance drawn on the Account. Please refer to the U.S. Bank Deposit Account
Monthly Account statements we issue may refer to Advances as an Advance, Cash, Agreement (entitled, "Your Deposit Account Agreement") for full Overdraft Protection
Cash Advances, or by the product or device you used to obtain an Advance. Refer to Plan terms and the Consumer Pricing Information Brochure for fees that apply for
the Advance Account Fees section for details on Advance Transaction Fees. Overdraft Protection Advances. We may cancel Overdraft Protection privileges under
the Account, even if the Account remains open for other purposes.
4. Advance Limits: Only a portion of the Revolve Limit (defined below) is available for
Advances and that portion may vary from time to time. Although you may have credit Note: For Young Adult Accounts, the young adult's name and cosigner's name must
available under your Account, we may be unable to authorize an Advance. You may both be named on the linked checking account in order to have Overdraft Protection.
contact Cardmember Service at 1-800-699-2281, (we accept relay calls; FAX INTEREST CHARGES AND ACCOUNT FEES
1-866-568-7729) to learn the portion of your Revolve Limit which is available for 9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit.
Advances.
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a)
5. Convenience Checks: From time to time, we may supply Convenience Checks for periodic rate INTEREST CHARGES (sometimes referred to as "interest" in this
use by the person(s) or drawer named on those checks. "Convenience Checks" are Agreement and on monthly Account statements); (b) Advance Transaction Fees; and
drafts that look like other checks, but are drawn on credit available in your Account. (c) any other transaction fees that are considered INTEREST CHARGES.
Convenience Checks may not be offered for all Account types. We will, in connection
with any Convenience Check we provide, include Offer Materials that will explain 10. Interest Rate: In this Agreement, we have abbreviated the terms "daily periodic
whether the Convenience Check will post and be treated as an Advance or as a rate" as DPR, "average daily balance" as ADB, and "ANNUAL PERCENTAGE
Balance Transfer. Convenience Checks must be written in U.S. Dollars. We may RATE" as APR.
return a Convenience Check unpaid if: Your Variable APRs are calculated by adding a margin to the Index. Your Variable
61-CV-24-244
Filed in District Court
State of Minnesota
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DPR is equal to 1/3651h of the corresponding APR. Your DPR and corresponding APR amount, subject to the maximum dollar amount, shown in the table below.
may increase or decrease from time to time according to the movements up or down of PERCENTAGE
the Index, which is the Prime Rate published in the "Money Rates" section of the CASH RECEIVED FROM MINIMUM OF CASH FEE MAXIMUM
Midwest Edition of The Wa/l Street Journal on the last publication day before the date FINANCIAL INSTITUTION $10.00 5.000% No Maximum
on which the billing cycle closed (in other words, the "statement date"). We reserve the CASH EQUIVALENT $10.00 5. 000% No Maximum
right to choose a comparable new index if The Wall Street Journal ceases to publish a $10 000% No Maximum
Prime Rate. The margin is the percentage we add to the Index to calculate the APR. (b)MWe will add a Balance Transfer Fee INTEREST CHARGE to the Purchase balance
The current applied Index value for your Account is 8.00%. Any variable rate of the Account equal to 3.000% of the balance transfer amount, subject to a minimum
adjustment based on a change to your margin will be effec