Preview
19HA-CV-24-2887
Filed in District Court
JOHN DASSOU AKA JOHN K DASSOU State of Minnesota
6/24/2024 10:00 AM
Account ending in: 1009
AFFIDAVIT OF PLAINTIFF
I, Gabriel J Montano, declare and state as follows:
l. I am an Assistant Custodian of Records for AMERICAN EXPRESS NATIONAL BANK'
("Plaintiff"), a national bank organized under the laws of the United States, ("American Express" hereinafter),
with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070.
2. In my capacity as Assistant Custodian of Records for American Express, I am familiar with the
ongoing credit card business operations and practices of American Express, particularly With respect to its
recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by
American Express. I have access to the business records relating to credit card accounts issued by American
Express, including, in particular, the records of cardmember accounts and the applicable card agreements. I
have personal knowledge of American Express' regular practices and procedures with respect to: (a) the
transmittal of credit card account agreements, notices, billing statements, and other documents; and (b) quality
assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am
generally familiar with the cardmember account records created and maintained by American Express.
Except Where based on my review of records and documents regularly maintained in the ordinary course of
business, all of the matters set forth herein are within my personal knowledge and, if called as a witness, I
could competently testify thereto.
3. The billing statements and other documents referred to herein were created at or near either the
time of the transactions or the time the original statements were made and have been kept by American
Express in the ordinary course of business. In my experience, the systems used by American Express to
create and maintain data for and to produce billing statements and other documents are reliable and kept in a
good state of repair, and American Express' procedures for inserting transaction and other data into the
systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements can be obtained
only by authorized American Express personnel or authorized agents pursuant to proper procedures, which
must be followed in order to obtain the statements. The other records referred to herein were created and kept
in the ordinary course of business by American Express and were created at or near the time of the occurrence
of the matters set forth by those records and/or were created based upon information transmitted by a person
with knowledge of the matters set forth in those records. It is the regular business practice of American
Express to make and keep said records. The statements contained in this affidavit are made based on my
personal knowledge of the business records practices of American Express.
4. All American Express credit card accounts are governed by a written agreement (the
"Cardmember Agreement") setting forth the terms and conditions of the account. When an American Express
account is opened, the Cardmember Agreement is provided to the cardmember. The Cardmember Agreement
provides that use of the card constitutes acceptance of the agreement.
5. All American Express Cardmember Agreements expressly provide that American Express may
change the terms of the Cardmember Agreement from time to time. American Express advises current
cardholders of changes through change-interrns notices, which are either mailed to American Express
1
On April l, 2018 American Express Centurion Bank changed its name to American Express National Bank and
American Express Bank F SB, merged with American Express National Bank with American Express National Bank as
the surviving entity after the merger. See, https:f/www.occ.treas.govftopics/liceiising/interpretationsand-
actions/2018I'interpretations-and~actions-i 2111201 8.html. See also, 12 U.S.C. § 35; 12 CFR 5.24 and l2 U.S.C. § 1828 et
seq.
19HA-CV-24-2887
Filed in District Court
State of Minnesota
JOHN DASSOU AKA JOHN K DASSOU 6/24/2024 10:00 AM
Account ending in: 1009
cardmembers in separate mailings or included With or printed on the cardmembers' monthly billing
statements.
6. American Express maintains computerized records of the amounts due and owing to American
Express for any transactions that occur when an individual uses an American Express credit card. The
computerized records reflect all debits and credits 1n connection with the use of an American Express credit
card. American Express sends or otherwise makes available monthly billing statements to cardmembers who
carry a balance or are otherwise required to receive a monthly statement.
7. I have personally reviewed American Express' records concerning defendant JOHN
DASSOU AKA JOHN K DASSOU ("Defendant"). Those records reflect that Defendant opened an
American Express credit card account, the current account number ending in 1009 (the "Account") in
06/2018. Consistent with American Express' standard business practices, American Express' records reflect
that it mailed Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to
Defendant when American Express opened Defendant's Account. Copies of each of these Cardmember
Agreements were transmitted to Defendant as they were periodically revised or updated. A true and correct
copy of the Cardmember Agreement in effect at the time of cancellation of the Account is annexed hereto as
Exhibit "A".
8. American Express' records further reflect that Defendant used the Account to pay for various
goods and services and/or obtain cash advances. Consistent with American Express' standard business
practices, American Express' records reflect that it transmitted monthly billing statements to Defendant.
There is no record of Defendant ever asserting a valid unresolved objection to the balance shown as due and
owing on the monthly statements provided to Defendant.
9. Pursuant to American Express' records, under the terms of the Cardmember Agreement,
Defendant defaulted in making the payments due on the Account. American Express' records reflect that
American Express closed Defendant's Account. After giving Defendant credit for all payments made, if any,
the amount justly due and owing as of 02/06/24 is $1,407.72, exclusive of court costs and attorneys' fees.
True and correct copies of the monthly Account Statements for the defendant's Account for the period(s)
08/10/20 to 09/10/20 are annexed hereto as Exhibit "B".
10. Defendant's Account has not been sold or assigned by American Express, the original creditor
of the account.
11. 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.
ZAMN
GN_AENB_001 Page 2
19HA-CV-24-2887
Filed in District Court
State of Minnesota
JOHN DASSOU AKA JOHN K DASSOU 6/24/2024 10:00 AM
Account ending in: 1009
12. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in
the military service of the United States as defined in the Servicemembers Civil Relief Act as amended nor an
infant, incompetent, under mental defect or infirm.
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.
Dated: 2 8' 2(5/ By: /%\
Name: Gabriel TMontano
Title: Assistant Custodian of Records
STATE OF ARIZONA
COUNTY OF MARICOPA
Subscribed and sworn (or affirmed) before me this 1 day of ¥Qx¥ , 2024
(Seal)
'
Notary
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n.» 5 ARIE. EVANS '5
Notary =Lu'ic ~Arizara
Maricaca Com-:3
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Commissior 599937
My Comm. Exaires Mar 27. '02
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ZAMN
GN_AENB_001 Page 3
19HA-CV-24-2887
Filed in District Court
State of Minnesota
6/24/2024 10:00 AM
EXHIBIT A
$003
19HA-CV-24-2887
Filed in District Court
State of Minnesota
6/24/2024 10:00 AM
Cardmember Agreement: Part1 of 2 As of: 06/21/2018
Gold Delta SkyMiles®
Cardmember Name: JOHN DASSOU
Credit Limit: $1,000 (Cash Advance Limit: $200) Accoun_1009
Rates and Fees Table Issuer: American Express National Bank
Annual Percentage Rate
26.49%
(APR)for Purchases This APR will vary with the market based on the Prime Rate
APR for Balance TranSfel'S 26.49% for any balance transfer requests we may accept.
This APR will vary with the market based on the Prime Rate
APR for Cash Advances 26.99%
This APR will vary with the market based on the Prime Rate
Penalty APR and When it 29.99%
Applies This APR will vary with the market based on the Prime Rate
This APR may be applied to your account if:
1) you make one or more late payments; or
2) your payment is returned by your bank.
We may also consider your creditworthiness in determining whether or not to apply the
penalty APR to your Account.
How Long Will the Penalty APR Apply? lf the penalty APR is applied, it will apply for
at least 6 months. We will review your Account every 6 months after the penalty APR is
applied. The penalty APR will continue to apply until you have made timely payments with
no returned payments during the 6 months being reviewed.
Paying Interest Your due date is at least 25 days afterthe close of each billing period. We will not charge
you interest on purchases if you pay each month your entire balance (or, if you have a
plan outstanding, your balance adjusted for plans) by the due date. We will begin charging
interest on cash advances and balance transfers on the transaction date.
Plan Fee (Fixed Finance Up to 1.17% of each purchase moved into a plan based on the plan duration, the APR that
Charge) would otherwise apply to the purchase, and other factors.
For Credit Card Tips from To learn more about factorsto consider when applying for or using a credit card, visit
the Consumer Financial the website of the Consumer Financial Protection Bureau at
Protection Bureua
7
h tn:.consuminance.qovllearnmore
Fees
Annual Membership Fee $0 forthe firstyear, then $95
Transaction Fees
o Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater.
o Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater.
-
Foreign Transaction None
Penalty Fees
o Late Payment Up to $38.
o Returned Payment Up to $38.
- Overlimit None
How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we
calculate interest section in Part2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
CMAEUAoroooooo41oe5969 1065879 Page 1 of4
19HA-CV-24-2887
Filed in District Court
State of Minnesota
6/24/2024 10:00 AM
How Rates and Fees Work
_
Calculating The Annual Percentage Rate (APR) forvariable rates is determined by adding an amount (margin) to
APRs and DPRs the Prime Rate (see Determining the Prime Ratein Part2). The Daily Periodic Rate (DPm is 1/365th of
the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime+ Margin APR DPR
Purchase Prime+ 21.49% 26.49% 0,0726%
Balance Transfer Prime + 21.49% 26.49% 0.0726%
Cash Advance Prime + 21.99% 26.99% 0.0739%
Penalty Prime + 25.99%* 29.99% 0.0822%
*The variable penalty APR will not exceed 29.99%
Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will
transactions o
you do not pay at least the Minimum Payment apply to charges added to that balance 15 or
Due by the Payment Due Date on one or more days after we send you notice.
more occasions; OI' We will review your Account every 6 months after
o
your payment is returned by your bank. the penalty APR is applied. The penalty APR
will continue to apply until you have made timely
We may also consider your creditworthiness in payments with no returned payments during the 6
months being reviewed.
determining whether or not to apply the penalty
APR to yourAccount.
Fees
We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1.
Plan Fee Up to 1.17% of each purchase moved into a plan based on the plan duration, the APR that would
otherwise apply to the purchase, and other factors.This fee is a fixed finance charge that will be
charged each month that a plan is active. The dollar amount of your plan fee will be disclosed when
you set up a plan. For more information, see Aboutthe Plan/t Feature in Part2 of your Cardmember
Agreement.
Late Payment Up to $38. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $27. If
this happens again within the next 6 billing periods, the fee is $38. However, the late fee will not exceed
the Minimum Payment Due. Paying late may also result in a penalty APR. See PenaltyAPR for new
transactions above.
Returned Payment Up to $38. lf you make a payment that is returned unpaid the firsttime we present it to your bank, the
fee is $27. lf you do this again within the same billing period or the next 6 billing periods, the fee is $38.
However, the returned payment fee will not exceed the applicable Minimum Payment Due. A returned
payment may also result in a penalty APR. See Penalty APR for new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limit in Part 2.
Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Balance Transfer 3% of the transaction,with a minimum of $5.A differentfee may apply if stated in a promotional offer
or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the
balance transfer.
Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator),
with a minimum of $5.We will add this fee to the cash advance balance.
Foreign Transaction None
Part 1, Part2 and any supplements or amendments make up your Cardmember Agreement.
CMAEUAOT00000041065969 1065879 Page 2 of 4
19HA-CV-24-2887
Filed in District Court
State of Minnesota
6/24/2024 10:00 AM
Supplement to the Cardmember Agreement
How Your Reward Program Works
Delta SkyMiIes®
Types of Card Accounts You can receive miles when you make purchases with your Classic or Gold Delta SkyMiles Credit
Card from American Express (Card Account).
How you receive miles You receive 1 mile for each $1 of eligible Eligible purchases do NOT include:
purchases on your Card Account. fees or interest charges,
balance transfers,
Eligible purchases are purchases forgoods and
services minus returns and other credits. cash advances,
purchases of traveler's checks,
purchases or reloading of prepaid cards, or
purchases of any cash equivalents.
How you receive additional You receive1 additional mile foreach $1 of You will NOT receive additional miles for:
miles eligible purchases on your Card Account for o
purchases of air travel on a Delta flight
the following purchases submitted to us using a that are part of all-inclusive air or sea tour
Delta merchant code: packages.
a air travel on a Delta flight. From time to time, we may make promotional
o air travel on a Delta partnerflight with a DL offers of bonus miles. These offers include terms
flight code. about how you can earn the bonus miles and
o Delta vacation packages. when you can use them. These offer terms
other Delta services.
may differfromthe terms above concerning
o
miles earned for charges to your Card Account,
including about when you can use the miles.
You can view your miles balance by
logging onto your online account at
americanexpress.com and viewing your
account summary page.
When we transfer miles We transfer the miles you receive to your Delta SkyMiles account afterthe end of the billing period
in which you received them.
Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12
weeks afterthe end of each month. To be eligible to earn bonus miles, your account must not be
cancelled or delinquent at time of bonus fulfillment.
When you will forfeit miles lf the Minimum Payment Due is not paid by the You may reinstate those miles within the next 12
Closing Date of the billing period in which it is billing periods if your Card Account is not past
due, you will forfeit the miles you received for due and you pay a $35fee.
eligible purchases during that billing period. For
example, if your billing period closes January 15
and the minimum payment for that billing period
is due on February 10, and you do not make that
minimum payment due by the close of your next
billing period on February 15, then you will not
earn miles for spend in the billing period ending
February 15.
Other things you should know You will receive miles only for eligible purchases Miles are subject to the Delta SkyMiles
about this program intended for personal, family or household use. Membership Guide and Program Rules. You
should refer to that document for details on:
We may change the terms of this reward
o how to redeem your miles,
program at our discretion. lf you violate or abuse
this reward program, you may forfeit some or all o Delta's right to change its programterms, and
of your miles. o other conditions that may apply to Delta's
program.
We are not responsible for miles afterthey are
credited to your SkyMiles account. We are also
not responsible for the actions of Delta on your
SkyMiles account.
CMAEUPSP0000227 Page 3 of 4
19HA-CV-24-2887
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19HA-CV-24-2887
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27805
Detail of Changes to Your Cardmember Agreement
This notice amends the Cardmember Agreement ("Agreement") as described below. We have the right to amend as described in the
Agreement.Any terms in the Agreement conflictingwith this change are replaced fully and completely. Terms not changed by this
notice remain in full force and effect.
Effective September 1, 2018, the About the Plan It feature sub-section of the About using your card section in Part 2 of the
CardmemberAgreement is amended by deleting the 4th paragraph and replacing it with the following paragraph:
Your ability to initiate plans will be based on a variety of factors such as your creditworthiness or your Credit Limit. You will not
be able to initiate plans if your Account is cancelled. You will also not be able to initiate plans if one or more of your American
Express accounts is enrolled into a debt management program, or has a payment that is returned unpaid, or is delinquent. We
will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to
you will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount, and
your Account history.
Notice of Update to an Additional Benefit of Your Card
As described below, We made updates to Your Extended Warranty and Purchase Protection card benefits. These benefits are provided
to You at no additional charge as part of Your Card Membership. We encourage You to read this notice and file it forfuture reference.
Extended Warranty'
Extended Warranty is provided to You as a benefit of Card Membership at no additional charge when a purchase is made with Your
eligible Card. For claims submitted to Us on and after August 1, 2018, one of the following will occur:
o If the original manufacturer?s warrantyis less than two (2) years*, We will match the length of that warranty.
o lf the original manufacturer?s warranty is between two (2) and five (5) years*, We will increase coverage to provide two (2)
additional years of warranty.
The benefit is limited to the actual amount charged to Your Card for the item, up to a maximum of $10,000; not to exceed $50,000 per
Card Member account per calendar year.
*For residents of Indiana, Guam, Puerto Rico, and Northern Mariana Islands, Your coverage will continue to match the original warranty
period forwarranties of less than one (1) year or provide one (1) additional year if the warrantyis between one (1) and five (5) years .
Purchase Protectionz
Purchase Protection is provided to You as a benefit of Card Membership at no additional charge when a purchase is made with Your
eligible Card. For claims submitted to Us on and after August 1, 2018, the coverage duration on eligible purchases will be increased
from 90 days to 120 days*.
*For residents of New York, Indiana, Guam, Puerto Rico, and Northern Mariana Islands coverage duration remains at 90 days.
To learn more about other benefits that may be available to You as a part of Your Card Membership, please visit
americanexpress.com/benefitsguide.
'Extended Warranty is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional
terms, conditions and exclusions.
ZPurchase Protection is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional
terms, conditions and exclusions.
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19HA-CV-24-2887
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6/24/2024 10:00 AM
FDR 1065969 Cardmember Agreement: Part 2 of 2 Doc 28255
How Your American Express Account Works
Introduction
About your Cardmember This document together with Part1 makeup the When you use the Account (or you sign or keepthe
Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement.
identified on page 1 of Part 1. Any supplements or
amendments are also part of the Agreement.
Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days advance
law. We may do this in response to the business, legal or notice, and we will tell you in the notice if you have
competitive environment. This written Agreement is a final the right to rejecta change. We cannot change certain
expression of the agreement governing the Account. The terms during the first year of your Cardmembership.
written Agreement may not be contradicted by any alleged
oral agreement.
We cannot increase the interest rate on existing balances
except in limited circumstances.
Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods or services. A cash
the Agreement Part 1. You and your mean the person who applied for advance is a charge to get cash or cash equivalents.
this Account and for whom we opened the Account. You A balance transfer is a charge to pay an amount
and your also mean anyone who agrees to pay for this you owe on another credit card account. A plan is
Account. You are the Basic Cardmember. You may a portion of your account balance that you have
request a card for an Additional Cardmember (see selected to pay over time through a set number of
AboutAdditional Cardmembersin Part2). monthly payments using Plan It.
Card means any card or other device that we issue to To pay by a certain date means to send your payment
access your Account. A charge is any amount added so that we receive it and credit it to your Account by
to your Account, such as purchases, cash advances, that date (see About your payments in Part2).
balance transfers, fees and interestcharges.
About using your card
Using the card You may use the card to mak epurchases. At our We may (but are not required to) tell these merchants
discretion, we may permit you to create plans, mak e and third parties if your expiration date or card
cash advances or balance transfers. You cannot transfer number changes or if your account status is updated,
balances from any other account issued by us or our including if your account is cancelled. If you do not
affiliates. want us to share your updated account information,
, please contact us using the number on the back of
You may arrange for certain merchants and third parties
your card
to store your card number and expiration date, so that, for
example: Keep your card safe and don't let anyone else use it.
g the merchant may charge your account at regular Ifyour Card is IOSt 0r Stolen Or your ACCOUnt is being
interva|s; or used without your permission, contact us right away.
o you may mak echarges using that stored card You may not use your Account for illegal activities.
information.
Promise to pay You promiseto pay all charges, including:
o charges you make,even if you do not present your card or sign forthe transaction,
o charges that other people makeif you let them use your Account, and
o charges that Additional Cardmembers makeor permit others to make.
Credit limit and cash We assign a Credit Limit to your Account We may mak e o your Account balance (including fees and interest)
advance limit part of your Credit Limit available for cash advances is not more than your Credit Limit, and
° Your adVance balance (inC'UdiNQ fees and
(Cash Advance Limit). There may also be a limit on the 035?
amount you can withdraw from ATMsin a given period. "'ItefeSt) '5 "Ct morethan your CaSh Advance
The Credit Limit and Cash Advance Limit are shown on "m"-
page 1 of Part1 and on each billing statement. We may approve charges that cause your Account
balance to go over your Credit Limit. If we do this,
We may increase or reduce your Credit Limit and Cash we will not charge an overlimitfee. lf we ask you to
Advance Limit. We may do so even if you pay on time and
promptly pay the amount of your Account balance
your Account is not in default. above your Credit Limit, you agree to do so.
You agree to manage your Account so that:
Declined transactions We may decline to authorizea charge. Reasons we may and your Account is not in default. We are not
do this include suspected fraud and our assessment of responsible for any losses you incur if we do not
your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any
would not cause you to go over your Credit Limit merchant refuses to acceptthe card.
Version 1065969 Page 1 of 1O
19HA-CV-24-2887
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About the Plan It feature We may offer you Plan It, which allows you to create to us, including Annual Membership fees.
a payment plan for qualifying purchases, subject to a
Your ability to initiate new plans will be based on a
plan fee. This fee is a fixed finance chargethatwill be
charged each month that a plan is active. variety of factors such as your creditworthiness or
your Credit Limit. You wi|| not be able to initiate new
You may use this feature by selecting a qualifying plans if you enroll into a debt management program,
purchase and a plan duration. You wi|| be able to view if you mak ea payment that is returned unpaid, if
the monthly plan payments. including the plan fee, your Account is delinquent, or if your Account is
for your selection. Each plan fee will be disclosed cancelled. We wi|| tell you the number of active plans
priorto your establishing the applicable plan and will you may have and we may change this number at
be based on the plan duration, the APR that would any time. The plan durations offered to you will be at
otherwise apply to the purchase, and other factors. our discretion and will be based on a variety of factors
When you set up a plan, the purchase will be moved such as your creditworthiness, the purchase amount,
to a plan balance and will be subject to a plan fee and your Account history.
instead of the APR for purchases.
Plans cannot be cancelled after they have been set
A qualifying purchase for Plan lt is a purchase of at up but you can choose to pay them early by paying
least a specified dollar amount and does not include the New Balance shown on your most recent billing
a purchase of cash or cash equivalent, a purchase statement in full. If you pay a plan off early, you will
subject to Foreign Transaction Fees or any fee owed not incur any future plan fees on that plan.
About your payments
When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and
the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your
and Payment Due Date are shown on each billing billing statement.
statement.
Each statementalso shows a Closing Date. The
Each statementalso states the time and manner Closing Date is the last day of the billing period
by which you must mak eyour payment for it to be covered by the statement. Each Closing Date is about
credited as ofthe same day it is received. For your 30 days after the previous statements Closing Date.
payment to be considered on time, we must receive
How to make payments Mak epayments to us in U.S. dollars with: If we receive it after that time, we will credit the
o check drawn on a U.S. bank ,or
a single payment on the day after we receive it.
o a single negotiable instrument clearablethrough
If your payment does not meet the above
the U.S. bank ingsystem, for example a money
order,or requirements,there may be a delay in crediting your
o an electronic paymentthat can be clearedthrough
Account. This may result in late fees and additional
the U.S. bank ingsystem. interest charges (see How Rates and Fees Workon
page 2 of Part 1).
When mak inga payment by mail:
o mak ea separate payment for each account, If we decide to accepta payment made in a foreign
o mail your payment to the address shown on the
currency, we will choose a rate to convert your
payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us
o write your Account number on your check or to use a particular rate.
negotiable instrument and include the payment
coupon. If we processa late payment, a partial payment, or a
If your payment meets the above requirements, we payment mark edwith any restrictive language, that
will credit it to your Accountas of the day we receive will have no effect on our rights and will not change
this Agreement.
it, as long as we receive it by the time disclosed in
your billing statement.
How we apply payments and Your Account may have balances with different o After the Minimum Payment Due has been paid,
credits interest rates. For example, purchases may have a we apply your payments to the balance subject
lower interest rate than cash advances. Your Account to the highest interest rate, then to balances
may also have plan balances which are assessed subject to lower interest rates, and then to any
plan fees. lf your Account has balances with different plan balances.
interest rates, plan balances, or plan fees, here is how In most cases, we apply a credit to the same balance
we generally apply payments in a billing period: as the related charge. For example, we apply a credit
o We apply your payments, up to the Minimum for a purchaseto the purchase balance. We may
Payment Due, first to any plan amounts included in apply payments and credits within balances, and
your Minimum Payment Due, then to the balance among balances with the same interest rate, in any
subject to the lowest interest rate, and then to order we choose. lf you receivea merchant credit for
balances subject to higher interest rates. a purchase placed into a plan, you must call us at the
number on the back of your cardto have the credit
applied to the plan balance.
Version 1065969 Page 2 of 1O
19HA-CV-24-2887
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About your Minimum Payment Due
How we calculate your To calculatethe Minimum Payment Due for each
Minimum Payment Due statement, we start with the higher of:
mwéz E;Assume that your New Balance is $3,000,
(1) interestcharged on the statement plus 1% ofthe interest is $29;5?,3gg¢ you have no 99911992999, j
New Balance (excluding any interest, penalty fees, or amounts past due.
yov'erlimit amount, penalty fees
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19HA-CV-24-2887 Filed in District Court JOHN DASSOU AKA JOHN K DASSOU State of Minnesota 6/24/2024 10:00 AM Account ending in: 1009 AFFIDAVIT OF PLAINTIFF I, Gabriel J Montano, declare and state as follows: l. I am an Assistant Custodian of Records for AMERICAN EXPRESS NATIONAL BANK' ("Plaintiff"), a national bank organized under the laws of the United States, ("American Express" hereinafter), with its headquarters located at 115 W. Towne Ridge Parkway, Sandy, UT 84070. 2. In my capacity as Assistant Custodian of Records for American Express, I am familiar with the ongoing credit card business operations and practices of American Express, particularly With respect to its recordkeeping computer systems, credit card agreements and billing for various types of accounts issued by American Express. I have access to the business records relating to credit card accounts issued by American Express, including, in particular, the records of cardmember accounts and the applicable card agreements. I have personal knowledge of American Express' regular practices and procedures with respect to: (a) the transmittal of credit card account agreements, notices, billing statements, and other documents; and (b) quality assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am generally familiar with the cardmember account records created and maintained by American Express. Except Where based on my review of records and documents regularly maintained in the ordinary course of business, all of the matters set forth herein are within my personal knowledge and, if called as a witness, I could competently testify thereto. 3. The billing statements and other documents referred to herein were created at or near either the time of the transactions or the time the original statements were made and have been kept by American Express in the ordinary course of business. In my experience, the systems used by American Express to create and maintain data for and to produce billing statements and other documents are reliable and kept in a good state of repair, and American Express' procedures for inserting transaction and other data into the systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements can be obtained only by authorized American Express personnel or authorized agents pursuant to proper procedures, which must be followed in order to obtain the statements. The other records referred to herein were created and kept in the ordinary course of business by American Express and were created at or near the time of the occurrence of the matters set forth by those records and/or were created based upon information transmitted by a person with knowledge of the matters set forth in those records. It is the regular business practice of American Express to make and keep said records. The statements contained in this affidavit are made based on my personal knowledge of the business records practices of American Express. 4. All American Express credit card accounts are governed by a written agreement (the "Cardmember Agreement") setting forth the terms and conditions of the account. When an American Express account is opened, the Cardmember Agreement is provided to the cardmember. The Cardmember Agreement provides that use of the card constitutes acceptance of the agreement. 5. All American Express Cardmember Agreements expressly provide that American Express may change the terms of the Cardmember Agreement from time to time. American Express advises current cardholders of changes through change-interrns notices, which are either mailed to American Express 1 On April l, 2018 American Express Centurion Bank changed its name to American Express National Bank and American Express Bank F SB, merged with American Express National Bank with American Express National Bank as the surviving entity after the merger. See, https:f/www.occ.treas.govftopics/liceiising/interpretationsand- actions/2018I'interpretations-and~actions-i 2111201 8.html. See also, 12 U.S.C. § 35; 12 CFR 5.24 and l2 U.S.C. § 1828 et seq. 19HA-CV-24-2887 Filed in District Court State of Minnesota JOHN DASSOU AKA JOHN K DASSOU 6/24/2024 10:00 AM Account ending in: 1009 cardmembers in separate mailings or included With or printed on the cardmembers' monthly billing statements. 6. American Express maintains computerized records of the amounts due and owing to American Express for any transactions that occur when an individual uses an American Express credit card. The computerized records reflect all debits and credits 1n connection with the use of an American Express credit card. American Express sends or otherwise makes available monthly billing statements to cardmembers who carry a balance or are otherwise required to receive a monthly statement. 7. I have personally reviewed American Express' records concerning defendant JOHN DASSOU AKA JOHN K DASSOU ("Defendant"). Those records reflect that Defendant opened an American Express credit card account, the current account number ending in 1009 (the "Account") in 06/2018. Consistent with American Express' standard business practices, American Express' records reflect that it mailed Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to Defendant when American Express opened Defendant's Account. Copies of each of these Cardmember Agreements were transmitted to Defendant as they were periodically revised or updated. A true and correct copy of the Cardmember Agreement in effect at the time of cancellation of the Account is annexed hereto as Exhibit "A". 8. American Express' records further reflect that Defendant used the Account to pay for various goods and services and/or obtain cash advances. Consistent with American Express' standard business practices, American Express' records reflect that it transmitted monthly billing statements to Defendant. There is no record of Defendant ever asserting a valid unresolved objection to the balance shown as due and owing on the monthly statements provided to Defendant. 9. Pursuant to American Express' records, under the terms of the Cardmember Agreement, Defendant defaulted in making the payments due on the Account. American Express' records reflect that American Express closed Defendant's Account. After giving Defendant credit for all payments made, if any, the amount justly due and owing as of 02/06/24 is $1,407.72, exclusive of court costs and attorneys' fees. True and correct copies of the monthly Account Statements for the defendant's Account for the period(s) 08/10/20 to 09/10/20 are annexed hereto as Exhibit "B". 10. Defendant's Account has not been sold or assigned by American Express, the original creditor of the account. 11. 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. ZAMN GN_AENB_001 Page 2 19HA-CV-24-2887 Filed in District Court State of Minnesota JOHN DASSOU AKA JOHN K DASSOU 6/24/2024 10:00 AM Account ending in: 1009 12. Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the military service of the United States as defined in the Servicemembers Civil Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 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. Dated: 2 8' 2(5/ By: /%\ Name: Gabriel TMontano Title: Assistant Custodian of Records STATE OF ARIZONA COUNTY OF MARICOPA Subscribed and sworn (or affirmed) before me this 1 day of ¥Qx¥ , 2024 (Seal) ' Notary \ n.» 5 ARIE. EVANS '5 Notary =Lu'ic ~Arizara Maricaca Com-:3 '37 : Commissior 599937 My Comm. Exaires Mar 27. '02 n 1;. ZAMN GN_AENB_001 Page 3 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM EXHIBIT A $003 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM Cardmember Agreement: Part1 of 2 As of: 06/21/2018 Gold Delta SkyMiles® Cardmember Name: JOHN DASSOU Credit Limit: $1,000 (Cash Advance Limit: $200) Accoun_1009 Rates and Fees Table Issuer: American Express National Bank Annual Percentage Rate 26.49% (APR)for Purchases This APR will vary with the market based on the Prime Rate APR for Balance TranSfel'S 26.49% for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate APR for Cash Advances 26.99% This APR will vary with the market based on the Prime Rate Penalty APR and When it 29.99% Applies This APR will vary with the market based on the Prime Rate This APR may be applied to your account if: 1) you make one or more late payments; or 2) your payment is returned by your bank. We may also consider your creditworthiness in determining whether or not to apply the penalty APR to your Account. How Long Will the Penalty APR Apply? lf the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days afterthe close of each billing period. We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date. We will begin charging interest on cash advances and balance transfers on the transaction date. Plan Fee (Fixed Finance Up to 1.17% of each purchase moved into a plan based on the plan duration, the APR that Charge) would otherwise apply to the purchase, and other factors. For Credit Card Tips from To learn more about factorsto consider when applying for or using a credit card, visit the Consumer Financial the website of the Consumer Financial Protection Bureau at Protection Bureua 7 h tn:.consuminance.qovllearnmore Fees Annual Membership Fee $0 forthe firstyear, then $95 Transaction Fees o Balance Transfer Either $5 or 3% of the amount of each transfer, whichever is greater. o Cash Advance Either $5 or 3% of the amount of each cash advance, whichever is greater. - Foreign Transaction None Penalty Fees o Late Payment Up to $38. o Returned Payment Up to $38. - Overlimit None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAoroooooo41oe5969 1065879 Page 1 of4 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM How Rates and Fees Work _ Calculating The Annual Percentage Rate (APR) forvariable rates is determined by adding an amount (margin) to APRs and DPRs the Prime Rate (see Determining the Prime Ratein Part2). The Daily Periodic Rate (DPm is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime+ Margin APR DPR Purchase Prime+ 21.49% 26.49% 0,0726% Balance Transfer Prime + 21.49% 26.49% 0.0726% Cash Advance Prime + 21.99% 26.99% 0.0739% Penalty Prime + 25.99%* 29.99% 0.0822% *The variable penalty APR will not exceed 29.99% Penalty APR for new The penalty APR may apply to new transactions if: If the penalty APR applies to a balance, it will transactions o you do not pay at least the Minimum Payment apply to charges added to that balance 15 or Due by the Payment Due Date on one or more days after we send you notice. more occasions; OI' We will review your Account every 6 months after o your payment is returned by your bank. the penalty APR is applied. The penalty APR will continue to apply until you have made timely We may also consider your creditworthiness in payments with no returned payments during the 6 months being reviewed. determining whether or not to apply the penalty APR to yourAccount. Fees We add fees to a purchase balance, unless we tell you otherwise. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. Plan Fee Up to 1.17% of each purchase moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed when you set up a plan. For more information, see Aboutthe Plan/t Feature in Part2 of your Cardmember Agreement. Late Payment Up to $38. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $27. If this happens again within the next 6 billing periods, the fee is $38. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a penalty APR. See PenaltyAPR for new transactions above. Returned Payment Up to $38. lf you make a payment that is returned unpaid the firsttime we present it to your bank, the fee is $27. lf you do this again within the same billing period or the next 6 billing periods, the fee is $38. However, the returned payment fee will not exceed the applicable Minimum Payment Due. A returned payment may also result in a penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limit in Part 2. Account Re-opening $25 if your Account is cancelled, you ask us to re-open it, and we do so. Balance Transfer 3% of the transaction,with a minimum of $5.A differentfee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5.We will add this fee to the cash advance balance. Foreign Transaction None Part 1, Part2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAOT00000041065969 1065879 Page 2 of 4 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM Supplement to the Cardmember Agreement How Your Reward Program Works Delta SkyMiIes® Types of Card Accounts You can receive miles when you make purchases with your Classic or Gold Delta SkyMiles Credit Card from American Express (Card Account). How you receive miles You receive 1 mile for each $1 of eligible Eligible purchases do NOT include: purchases on your Card Account. fees or interest charges, balance transfers, Eligible purchases are purchases forgoods and services minus returns and other credits. cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, or purchases of any cash equivalents. How you receive additional You receive1 additional mile foreach $1 of You will NOT receive additional miles for: miles eligible purchases on your Card Account for o purchases of air travel on a Delta flight the following purchases submitted to us using a that are part of all-inclusive air or sea tour Delta merchant code: packages. a air travel on a Delta flight. From time to time, we may make promotional o air travel on a Delta partnerflight with a DL offers of bonus miles. These offers include terms flight code. about how you can earn the bonus miles and o Delta vacation packages. when you can use them. These offer terms other Delta services. may differfromthe terms above concerning o miles earned for charges to your Card Account, including about when you can use the miles. You can view your miles balance by logging onto your online account at americanexpress.com and viewing your account summary page. When we transfer miles We transfer the miles you receive to your Delta SkyMiles account afterthe end of the billing period in which you received them. Bonus miles awarded for promotional offers will be posted to your Delta SkyMiles account 8 to 12 weeks afterthe end of each month. To be eligible to earn bonus miles, your account must not be cancelled or delinquent at time of bonus fulfillment. When you will forfeit miles lf the Minimum Payment Due is not paid by the You may reinstate those miles within the next 12 Closing Date of the billing period in which it is billing periods if your Card Account is not past due, you will forfeit the miles you received for due and you pay a $35fee. eligible purchases during that billing period. For example, if your billing period closes January 15 and the minimum payment for that billing period is due on February 10, and you do not make that minimum payment due by the close of your next billing period on February 15, then you will not earn miles for spend in the billing period ending February 15. Other things you should know You will receive miles only for eligible purchases Miles are subject to the Delta SkyMiles about this program intended for personal, family or household use. Membership Guide and Program Rules. You should refer to that document for details on: We may change the terms of this reward o how to redeem your miles, program at our discretion. lf you violate or abuse this reward program, you may forfeit some or all o Delta's right to change its programterms, and of your miles. o other conditions that may apply to Delta's program. We are not responsible for miles afterthey are credited to your SkyMiles account. We are also not responsible for the actions of Delta on your SkyMiles account. CMAEUPSP0000227 Page 3 of 4 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM This page intentionally left blank. CMAEUPSP0000227 Page 4 or4 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM 27805 Detail of Changes to Your Cardmember Agreement This notice amends the Cardmember Agreement ("Agreement") as described below. We have the right to amend as described in the Agreement.Any terms in the Agreement conflictingwith this change are replaced fully and completely. Terms not changed by this notice remain in full force and effect. Effective September 1, 2018, the About the Plan It feature sub-section of the About using your card section in Part 2 of the CardmemberAgreement is amended by deleting the 4th paragraph and replacing it with the following paragraph: Your ability to initiate plans will be based on a variety of factors such as your creditworthiness or your Credit Limit. You will not be able to initiate plans if your Account is cancelled. You will also not be able to initiate plans if one or more of your American Express accounts is enrolled into a debt management program, or has a payment that is returned unpaid, or is delinquent. We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount, and your Account history. Notice of Update to an Additional Benefit of Your Card As described below, We made updates to Your Extended Warranty and Purchase Protection card benefits. These benefits are provided to You at no additional charge as part of Your Card Membership. We encourage You to read this notice and file it forfuture reference. Extended Warranty' Extended Warranty is provided to You as a benefit of Card Membership at no additional charge when a purchase is made with Your eligible Card. For claims submitted to Us on and after August 1, 2018, one of the following will occur: o If the original manufacturer?s warrantyis less than two (2) years*, We will match the length of that warranty. o lf the original manufacturer?s warranty is between two (2) and five (5) years*, We will increase coverage to provide two (2) additional years of warranty. The benefit is limited to the actual amount charged to Your Card for the item, up to a maximum of $10,000; not to exceed $50,000 per Card Member account per calendar year. *For residents of Indiana, Guam, Puerto Rico, and Northern Mariana Islands, Your coverage will continue to match the original warranty period forwarranties of less than one (1) year or provide one (1) additional year if the warrantyis between one (1) and five (5) years . Purchase Protectionz Purchase Protection is provided to You as a benefit of Card Membership at no additional charge when a purchase is made with Your eligible Card. For claims submitted to Us on and after August 1, 2018, the coverage duration on eligible purchases will be increased from 90 days to 120 days*. *For residents of New York, Indiana, Guam, Puerto Rico, and Northern Mariana Islands coverage duration remains at 90 days. To learn more about other benefits that may be available to You as a part of Your Card Membership, please visit americanexpress.com/benefitsguide. 'Extended Warranty is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms, conditions and exclusions. ZPurchase Protection is underwritten by AMEX Assurance Company and Tokio Marine Pacific Insurance Limited. Subject to additional terms, conditions and exclusions. CMAEUDFYI000107 Page 1 of 2 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM This page intentionally left blank. CMAEUDFYI000107 Page 2 of 2 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM FDR 1065969 Cardmember Agreement: Part 2 of 2 Doc 28255 How Your American Express Account Works Introduction About your Cardmember This document together with Part1 makeup the When you use the Account (or you sign or keepthe Agreement Cardmember Agreement (Agreement) for the Account card), you agree to the terms of the Agreement. identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. Changing the Agreement We may change this Agreement, subject to applicable Changes to some terms may require 45 days advance law. We may do this in response to the business, legal or notice, and we will tell you in the notice if you have competitive environment. This written Agreement is a final the right to rejecta change. We cannot change certain expression of the agreement governing the Account. The terms during the first year of your Cardmembership. written Agreement may not be contradicted by any alleged oral agreement. We cannot increase the interest rate on existing balances except in limited circumstances. Words we use in We, us, and our mean the issuer shown on page 1 of A purchase is a charge for goods or services. A cash the Agreement Part 1. You and your mean the person who applied for advance is a charge to get cash or cash equivalents. this Account and for whom we opened the Account. You A balance transfer is a charge to pay an amount and your also mean anyone who agrees to pay for this you owe on another credit card account. A plan is Account. You are the Basic Cardmember. You may a portion of your account balance that you have request a card for an Additional Cardmember (see selected to pay over time through a set number of AboutAdditional Cardmembersin Part2). monthly payments using Plan It. Card means any card or other device that we issue to To pay by a certain date means to send your payment access your Account. A charge is any amount added so that we receive it and credit it to your Account by to your Account, such as purchases, cash advances, that date (see About your payments in Part2). balance transfers, fees and interestcharges. About using your card Using the card You may use the card to mak epurchases. At our We may (but are not required to) tell these merchants discretion, we may permit you to create plans, mak e and third parties if your expiration date or card cash advances or balance transfers. You cannot transfer number changes or if your account status is updated, balances from any other account issued by us or our including if your account is cancelled. If you do not affiliates. want us to share your updated account information, , please contact us using the number on the back of You may arrange for certain merchants and third parties your card to store your card number and expiration date, so that, for example: Keep your card safe and don't let anyone else use it. g the merchant may charge your account at regular Ifyour Card is IOSt 0r Stolen Or your ACCOUnt is being interva|s; or used without your permission, contact us right away. o you may mak echarges using that stored card You may not use your Account for illegal activities. information. Promise to pay You promiseto pay all charges, including: o charges you make,even if you do not present your card or sign forthe transaction, o charges that other people makeif you let them use your Account, and o charges that Additional Cardmembers makeor permit others to make. Credit limit and cash We assign a Credit Limit to your Account We may mak e o your Account balance (including fees and interest) advance limit part of your Credit Limit available for cash advances is not more than your Credit Limit, and ° Your adVance balance (inC'UdiNQ fees and (Cash Advance Limit). There may also be a limit on the 035? amount you can withdraw from ATMsin a given period. "'ItefeSt) '5 "Ct morethan your CaSh Advance The Credit Limit and Cash Advance Limit are shown on "m"- page 1 of Part1 and on each billing statement. We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, We may increase or reduce your Credit Limit and Cash we will not charge an overlimitfee. lf we ask you to Advance Limit. We may do so even if you pay on time and promptly pay the amount of your Account balance your Account is not in default. above your Credit Limit, you agree to do so. You agree to manage your Account so that: Declined transactions We may decline to authorizea charge. Reasons we may and your Account is not in default. We are not do this include suspected fraud and our assessment of responsible for any losses you incur if we do not your creditworthiness. This may occur even if the charge authorize a charge. And we are not responsible if any would not cause you to go over your Credit Limit merchant refuses to acceptthe card. Version 1065969 Page 1 of 1O 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM About the Plan It feature We may offer you Plan It, which allows you to create to us, including Annual Membership fees. a payment plan for qualifying purchases, subject to a Your ability to initiate new plans will be based on a plan fee. This fee is a fixed finance chargethatwill be charged each month that a plan is active. variety of factors such as your creditworthiness or your Credit Limit. You wi|| not be able to initiate new You may use this feature by selecting a qualifying plans if you enroll into a debt management program, purchase and a plan duration. You wi|| be able to view if you mak ea payment that is returned unpaid, if the monthly plan payments. including the plan fee, your Account is delinquent, or if your Account is for your selection. Each plan fee will be disclosed cancelled. We wi|| tell you the number of active plans priorto your establishing the applicable plan and will you may have and we may change this number at be based on the plan duration, the APR that would any time. The plan durations offered to you will be at otherwise apply to the purchase, and other factors. our discretion and will be based on a variety of factors When you set up a plan, the purchase will be moved such as your creditworthiness, the purchase amount, to a plan balance and will be subject to a plan fee and your Account history. instead of the APR for purchases. Plans cannot be cancelled after they have been set A qualifying purchase for Plan lt is a purchase of at up but you can choose to pay them early by paying least a specified dollar amount and does not include the New Balance shown on your most recent billing a purchase of cash or cash equivalent, a purchase statement in full. If you pay a plan off early, you will subject to Foreign Transaction Fees or any fee owed not incur any future plan fees on that plan. About your payments When you must pay You must pay at least the Minimum Payment Due by at least the Minimum Payment Due in such time and the Payment Due Date. The Minimum Payment Due manner by the Payment Due Date shown on your and Payment Due Date are shown on each billing billing statement. statement. Each statementalso shows a Closing Date. The Each statementalso states the time and manner Closing Date is the last day of the billing period by which you must mak eyour payment for it to be covered by the statement. Each Closing Date is about credited as ofthe same day it is received. For your 30 days after the previous statements Closing Date. payment to be considered on time, we must receive How to make payments Mak epayments to us in U.S. dollars with: If we receive it after that time, we will credit the o check drawn on a U.S. bank ,or a single payment on the day after we receive it. o a single negotiable instrument clearablethrough If your payment does not meet the above the U.S. bank ingsystem, for example a money order,or requirements,there may be a delay in crediting your o an electronic paymentthat can be clearedthrough Account. This may result in late fees and additional the U.S. bank ingsystem. interest charges (see How Rates and Fees Workon page 2 of Part 1). When mak inga payment by mail: o mak ea separate payment for each account, If we decide to accepta payment made in a foreign o mail your payment to the address shown on the currency, we will choose a rate to convert your payment coupon on your billing statement, and payment into U.S. dollars, unless the law requires us o write your Account number on your check or to use a particular rate. negotiable instrument and include the payment coupon. If we processa late payment, a partial payment, or a If your payment meets the above requirements, we payment mark edwith any restrictive language, that will credit it to your Accountas of the day we receive will have no effect on our rights and will not change this Agreement. it, as long as we receive it by the time disclosed in your billing statement. How we apply payments and Your Account may have balances with different o After the Minimum Payment Due has been paid, credits interest rates. For example, purchases may have a we apply your payments to the balance subject lower interest rate than cash advances. Your Account to the highest interest rate, then to balances may also have plan balances which are assessed subject to lower interest rates, and then to any plan fees. lf your Account has balances with different plan balances. interest rates, plan balances, or plan fees, here is how In most cases, we apply a credit to the same balance we generally apply payments in a billing period: as the related charge. For example, we apply a credit o We apply your payments, up to the Minimum for a purchaseto the purchase balance. We may Payment Due, first to any plan amounts included in apply payments and credits within balances, and your Minimum Payment Due, then to the balance among balances with the same interest rate, in any subject to the lowest interest rate, and then to order we choose. lf you receivea merchant credit for balances subject to higher interest rates. a purchase placed into a plan, you must call us at the number on the back of your cardto have the credit applied to the plan balance. Version 1065969 Page 2 of 1O 19HA-CV-24-2887 Filed in District Court State of Minnesota 6/24/2024 10:00 AM About your Minimum Payment Due How we calculate your To calculatethe Minimum Payment Due for each Minimum Payment Due statement, we start with the higher of: mwéz E;Assume that your New Balance is $3,000, (1) interestcharged on the statement plus 1% ofthe interest is $29;5?,3gg¢ you have no 99911992999, j New Balance (excluding any interest, penalty fees, or amounts past due. yov'erlimit amount, penalty fees