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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-26-2012 9:50 am
Case Number: CGC-12-518539
Filing Date: Sep-26-2012 9:47
Filed by: NADITA MASON
Juke Box: 001 Image: 03779256
DECLARATION
FIA CARD SEVICES N.A. VS. ALAIN M. ALAHI
001003779256
Instructions:
Please place this sheet on top of the document to be scanned.Harvey M. Moore, Esq. Bar No. 101128
The Moore Law Group,
A Professional Corporation
3710 S. Susan Street, Suite 210
PO Box 25145
Santa Ana, CA 92799-5145
800-506-2652
Attorneys for Plaintiff
| FIA CARD SERVICES N.A.
FIA CARD SERVICES N.A.,
Plaintiff,
|
vs.
Alain M Alahi, an individual; DOES 1-10,
inclusive,
| Defendant.
FILED
SUPERIOR
“COUNTY OF SANFR Resco
2012 SEP 26 AM 9:55
CLERK OF THE CouRT
c wi fin? ,
DEPUTY CLERK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, "LIMITED"
DEMAND UNDER $25,000
Case No. CGC-12-518539
DECLARATION IN SUPPORT OF
APPLICATION FOR ENTRY OF
JUDGMENT PURSUANT TO CCP §
585(d)BIDNA & KEYS
3710 S. SUSAN STREET
SANTA ANA, CA 92704
FIA Card Services, N.A.
Plaintiff,
om OG alfa bien
RATION F
ALAIN M ALAHI APPLICATION FOR ENTRY OF
Defendant(s). JUDGMENT
|, Thomasina McKoy, hereby declare:
1. 1am over 18 years old and competent to make this affidavit. | am a Custodian of Records
and an authorized Officer of Plaintiff FIA Card Services, N.A for purposes of this affidavit. | am
duly authorized to make this declaration, and because of the scope of my job responsibilities, |
am familiar with the manner and method by which Plaintiff maintains its normal business books
and records, including computer records of defaulted accounts.
2. These books and records are made in the course of regularly conducted business activity:
(1) at or near the time the events they purport to describe occurred, by a person with
knowledge of the acts and events, or (2) by a computer or other similar digital means, which
contemporaneously records an event as it occurs. The contents of this declaration are true and
correct based upon my personal knowledge of the processes by which Plaintiff maintains its
business books and records.
3. The books and records of Plaintiff show that Defendant(s) opened an account with FIA Card
Services, N.A., or a predecessor in interest, for the purpose of obtaining an extension of credit
and did thereafter use or authorize the use of the account for the acquisition of goods,
services, or cash advances in accordance with the customer agreement governing use of that
account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic
payments as required thereby.
4. The books and records of Plaintiff show that Defendant(s) is/are currently indebted to
Plaintiff on account number XXXX-XXXX-XXXX-2472 for the just and true sum of $13,192.99
and that all just and lawful offsets, payments, and credits have been allowed. The last payment
or charge to this account occurred on 09/21/10. The customer agreement entered into
between the Defendant and the Plaintiff, or a predecessor in interest, also authorizes Plaintiffs
to recover from Defendant(s) costs to the extent permitted by law.5. Under California Code of Evidence § 1550 (a)(2), Plaintiff also submits a copy(copies) of the
itemized statement(s) supporting the principal balance true and accurate copies are attached
hereto as Exhibit “A” and incorporated herein by reference. Since the date of this statement
there have been credits totaling $0.00, leaving a present balance of $13,192.99 due, owing,
and unpaid. The exhibits attached to this declaration were prepared in the ordinary course of
business.
6. | declare under the penalty of perjury under the laws of California that the foregoing is true
and correct and if called as a witness | would competently testify, under oath, thereto.
Given under my hand on:
Dated: MAY 16 2012
Declarant Name (Printed) Thomasina McKoy__
Declarant Name (Signature) themaoma. Met
Title of Declarant Officer.EXHIBIT 1Bankof America : Perks Advantage
eS 9
ALAIN M ALAH
‘Account Number: aaa”
April 20 - May 18, 2011.
Account Information:
www.bankofamerica.com Lz) CULL ucts Eu sed uals)
Mall billing Inquiries to: New Balance Total... . . Previous Balance
Bank of America Current Payment Dus Payments and Other Credits,
P.O, Box 15028 Past Due Amount... Purchases and Adjustments
Wilmington, DE 19850-5026 Foes Charged
Mall payments to: Total Minimum Payment Due. Interest Charged.
Bank of America Payment Due Date
P.O. Box 301200 New Balance Total ..
Los Angeles, CA 900301200 | 1 gto Payment Waming: If we do not receive your Total Minimum Payment by
Customer Service: the date listed above, you may have to pay a late fee of up to $35.00. Credit Line... $13,500.00
1.800.421.2110 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date 5/48/11
Payment each period, you will pay more in interest and it will take you longer | | Days in Billing Cycle ... ssn 29
(8002483178 TTY) to pay off your balance. For example:
Teo is ame aeRO ORCC
Pe Ratt erat atch commmentT ed eascin ecu Rect NsIC°
Danes DSRS Cees i
Piero un era Curie eee
rd
‘Only the Total $25,725.07
Minimum Payment
Ifyou would like information about credit counseling services, call
1-866-300-5238,
UGG caus
Transaction Posting Reference Account
Date Dete Description Number Number Amount Toto!
Foos
06/16 05/16 LATE FEE FOR PAYMENT DUE 05/16 3022 35.00
TOTAL FEES FOR THIS PERIOD $35.00
Interest Charged
05/18 = 05/18 Interest Charged on Batance Transfers 112.35
05/18 = (08/18 Interest Charged on Cash Advances 0,28
continued on next page...
ar
BANK OF AMERICA Account Number: SS
P.O, BOX 301200
LOS ANGELES, CA 90030-1200
New Balance Tota...
Total Minimum Payment Due .
Payment Due Date
ALAIN MALAHI Enter payment amount $
268 BUSH ST # 4234
SAN FRANCISCO CA 94104-3503
o Check here for a change of mailing address or phone numbers.
Please provide ell corrections on the reverse side.
Mall this coupon along with your check payable to: Bank of AmericaIMPORTANT INFORMATION ABOUT THIS ACCOUNT
USE611 Rev. 08/10]
CUSTOMER TIPS FOR DISPUTED ITEMS
‘Many times disputed charges are legitimate charges that customers may not recognize
or remember, Before disputing a charge, we recommene thatyou verify a few things
and make every effort to xeaolve the dispute with the merchant. Often thewerchant can
‘answer your questions and easily resolve your dispute. The merchant's phone number
may be located on your receipt or billing statement.
© Hoga credit posted toyouraccount?
Please allow up to30 days from the date on your credit voucher or
acknowledgement letter for the merchant credit to post.
+ Ietho chargeoramount unfamiliar?
‘Check with other persons authorized to use the account tomake sure they
didnot make the charge. Itis possible that the merchants’ billlng names
and store names are different or amounts can easily be confused with similar
charges or include tips.
One way to check for the credits orto view transaction details is tolook at your
aceount statements online. Ifyou are not enrolled in Online Banking, itis easy to enroll
using the web address on the front of your statement or give usa call.
Please remember: Once you recelve your statement with a trangaction you wish to
dispute, yon only have G0 days to dispute the charge,
ONEINE:
‘Online Banking is available 24 hours a day, 7 days.a week and
allows you to view the most recent activity on your account,
Bp
PHONES
1,868,266.0212
For prompt eervice, please have the merchant reference number(s)
available for the charge(s) in question.
MATL
‘Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19850-5026
‘When writing, please include Your Name, Account Number, the
reference numberof the disputed item and specific details regarding
your dispute, inchding dates of contact with the merchant and the
merchant's response in each instance. Please include all supporting
documentation, including sales and credit vouchers, contractand
x
postage return receipts as proof of any returns.
GRACE PERIOD/PAVING INTEREST
“race Period” means the period of time during a billing cycle when you will not.
acerva intarest on certain transactions or halances. There ig no Grace Period for Balance
‘Tranafare or Cash Advances; we begin charging interest on Balance Transfers and Cash
Adlvances on the transaction date, Wewill not charge interest on Purchases on the next
‘statement if you pay the New Balance Total in full by the Payment Due Date, and you had
paid in full by the previous Payment Due Date,
‘CALCULATION OF BALANCES SUBJECT YO INTEREST RATE
Average Balance Method (including new Balance Transfers and new Cash Advances):
‘We calculate separate Balances Subject to an Interest Rate for Balance Transfers,
Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers
orCash Advances. We do this by: (1) calculating a daily balance for each day in this
statement’s billing cycle; (2) calculating a daily balance for each day prior to this
statement’s billing cycle that had a “Pre-Cycle balance” ~a Pre-Cycle balance is a Balance
"Tyansfer ora Cash Advance with a transaction date prior to this statement’s billing
oycle but witha posting date within this atatement’s: iling eles (8) addingall the daily
‘Dalances together; and (4) dividing the sum of the daily balances by the number of days in
thie statement’s billing cycle.
‘To calculate the daily balance for each day in this statement’s billing cycle, we take the
‘deginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied
bythe previous day's daily balance, addnow Balance Transiers, mew Cash Advances and
‘Transaction Fees, and subtract applicable payments and credits, Ifany daily balance is
Jess than zoro we treat itas zero,
To calculate a daily balance for each day prior to this statement's billing cyclo that had
‘&Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balance
{which will be zero on the transaction date of the first Pre-Cycle balance), add an amount
equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance,
‘and add only the applicable Pre-Cycle balances, and thelr related Transaction Fees. We
exclude from this calculation all transactions posted in previous hilling cycles,
Average Dally Balance Method (including new Purchases);
‘calculate separate Balances Subject to an Interest Rate for Purchases and for
each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a
daily balance for each day in the billing cycle; (2) adding all the daily balances together;
and (3) dividing the sum of the daily balances by the number of days in the billing cycle.
‘To caleulate the daily balance for each day in this statement's billing cycte, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied
ty the previous day's daily balance, add new Purchases, new Account Fees, and now
‘Transaction Fees, and subtract applicable payments and credits. If any daily balance is
PAYMENTS
‘We credit mailed payments a9 of the date received, ifthe payment is: (1) received by
5 pia. ocal time at the address shown on the remittance slip on the front of your monthly
statement; (2) paid with a check drawn in US. dollars on a US. financial institution or
‘8 US. dollar money order; and (3) sent in the return envelope with only the remittance
portion of your statement accompanying it. Payments received by mail after 5 p.m. local
{ime at the remittance address on any day including the Payment Due Dato, but that
‘otherwise meet the above requirements, will be credited as of the next day. Payments
‘mada online or by phone willbe credited as of tho date of receipt if made by § p.m. Central
time, Credit for any other payments may be delayed up to five days.
No payment shall operates an accord and satisfaction without the prior written
approval of one of our Senior Officers,
'We process most payment checks electronically by using the information found on
‘your check. Bach check authorizes us tocreatea one-time electronic funds transfer (or
proceas itas.a check or paper draft), Fonds may be withdrawn from sour accountas soon
bs the same day we receive your payment. Checks are not returned toyou. For more
information or to stop the electronic funds transfers, cal us at the number listed on
the front, °
Ttyou have authorized us to pay your credit card bill automatically from your savings
orchecking account with us, you can stop the payment on any amount you think is
wrong. To stop payment, yourletter must reach us atleast three business daysbefore the
automatic payment is scheduled to occur.
less than zero we treat it as zero,
Weinclude the fees for credit card debt cancellation or credit insurance purchased
through usin: calculating the beginning balance for the first day ofthe billing cycleafter
‘the billing cycle tn which such fees are billed.
‘TOTAL INTEREST CHARGE COMPUTATION
Interest Charges accrue and are compounded on a dafly basis. To determine the
Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Datly
Periodic Rate and that reault by the number of days in the billing cycle. To determine
the total Interest Charge for the billing cycle, we adi the Periodic Rate Interest Charges
together. ‘ADaily Periodic Rate Is calculated by dividing an Annual Percentage Rate
by 385,
HOW WE ALLOCATE YOUR PAYMENTS
Hyovraccount has balances with different APRs, we will allocate the amount of
your payment equalto the Total Minimura Payment Due to the lowest APR balances first
{including transnetions made after this statement). Payment amounts in excess of your
‘Total Minimum Payment Due will b applied to balances with higher APRa before balances
with lower APRs,
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
‘When using the optional Pay-by-Phone service, you authorize us to initiate an
electronic payment from your account at the financial institution you designate. You must
authorize the amount and timing of each payment. For your protection, we willask for
Security information, A fee may apply for expedited service. To cancel, callus before the
schedutedpayment date, Same-day payments cannot be edited or canceled.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement. PIA Card Services isa tradename of PIA Card Services, N.A. Thisaccountis
issued and administered by FIA Card Services, N.A.
‘Ifyour billing adress or contact information has changed, or ifyour address is
incorrectas itappears on this biU, please provide all corrections here,
Address1
Address? 2. ae
Arca Code &
‘Home Phone ~ ne
Area Code &
‘Work PhoneBankof America Perks Advantage
oe
3795
‘April 20 - May 18, 2011
Page 3 of 4
Reference Account
Trensection Posting
Dete Dote Description Number Humber Amount Totat
Interest Charged
05/18 05/18 Interest Charged on Purchases 22.58
$436.21
‘TOTAL INTEREST FOR THIS PERIOD
Prec R ncn) een,
Total fees charged in 2011. $175.00
Total interest charged In 203.1. $685.22
Fea ikke uss So cadence
‘Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Promotional Promotional Balanoe Interest
Peroontage ‘Transaction Offer ID Subject to Oharges by
Rate Type Interest Transaction
Rate Type
Balance Transfers 12.998V 910,885.59 $142.35
Gash Advances 19. 240V $18.60 $_0.28
Purchases: 42.9980 $ 2,187.38 § 22.58
‘APR Typo Definitions: Dally Interest Rate Type: V= Variable Rate (rate may vary)EXHIBIT 2BankofAmerica
IMPORTANT NOTICE OF CHANGE IN TERMS
Bank of America Corporation and MBNA Corporation are
pleased to announce our merger. In bringing the organizations
together, we are creating a credit card bank that will provide
our customers with a greater range of financial solutions than
ever before. We are consolidating our credit card program into
one bank: FIA Card Services, N.A. As a result, beginning
October 19, 2006 (the “Effective Date”), your Bank of America
credit card account will be issued and administered by FIA
Card Services, N.A. This document, together with the
Suppiement To The Notice Of Change In Terms on the
enclosed statement, is your new “Credit Card Agreement” and
replaces in whole, on the Effective Date, your existing
Cardholder Agreement and will apply to all new and
outstanding balances. Please read these documents carefully
and retain them for your records.
Except for Section 12 and Section 13, all of the changes
below will apply to your account as of the first day of your
billing cycle that includes the Effective Date. Sections 12 and
13 will apply to your account as of the Effective Date.
As a part of the transition, we will be restructuring your account
balances into four balance categories {as newly defined by
your Credit Card Agreement): Category A, for Check Cash
Advances and Balance Transfers; Category B, for Bank and
ATM Cash Advances; Category C for Purchases; and Category
O for Other Balances. In some cases we will consolidate
existing balances into a single balance category. When we do
So, we will honor, or lower, the existing Annual Percentage
Rates, including any existing promotional rates or default rates
that may be available on this account.
CREDIT CARD AGREEMENT
We reserve the right to change the terms of this
Agreement at any time, as further described in the
following sections: Balance Categories and We May
Amend This Agreement.
1. YOUR CONTRACT WITH US
Your Agreement with us consists of this Credit Card Agreement
and any changes we make to it from time to time. The terms
of this Agreement apply to you if any of you applied for and
were granted an account, used the account, maintained the
account, and/or otherwise accepted the account. You agree to
the terms and conditions of this Agreement.
Ococ@cococo Bank of America, N.A. (USA)
FO1-C1125-DUAL © 2006 Bank of Americays @-
2. WORDS USED OFTEN IN THIS AGREEMENT
“Access check” means an access check we provide to you to
make a Check Cash Advance on your account.
“Agreement” or “Credit Card Agreement” means this document
and any changes we make to this document from time to time.
“APR” means the corresponding Annual Percentage Rate.
The APR corresponds to the Daily Periodic Rate (“DPR”)
which is calculated by dividing the corresponding APR by 365.
“Card” means all the credit cards we issue to you and to any
other person with authorization for use on this account
pursuant to this Agreement.
“Cash Advance” means the use of your account for a foan
obtained:
(1) at an automated teller machine (“ATM Cash Advance”);
(2) by a transfer of funds initiated by us at your request
(‘Balance Transfer’);
(3) at any financiai institution (e.g., to obtain cash, money
orders, or travelers checks), including overdraft transactions if
this account is eligible for and properly enrolled in an overdraft
protection program, at any non-financial institution (to obtain
cash), or for any payment you make to us that is returned to
us unpaid for any reason, including the related finance
charges ("Bank Cash Advance”);
(4) by an access check you sign as drawer (“Check Cash
Advance”),
“Cash Advance” includes Transaction Fees and adjustments
associated with any Cash Advance.
“Default Rate” means the APR which may be applied without
further notice to your account in certain instances of your
default, as described in the section titled, Default Pricing.
“Foreign Transaction” means any transaction made in a
foreign currency (including, for example, online purchases
from foreign merchants).
“Grace Period” means the period of time during a billing cycle
when you will not accrue Periodic Rate Finance Charges on
certain transactions or balances.
“New Balance Total” means the total billed amount as of the
Closing Date of a billing cycle, as shown on your monthly
statement. To determine the New Balance Total, we start with
the total balance at the beginning of the billing cycle, which is
the “Previous Balance.” Then we subtract payments and credits.
Then we add Cash Advances, Purchases and Finance Charges.
“Pay in Full” or “Paid in Full” means payments and credits in
a billing cycle totaling at least your previous billing cycle’s New
Balance Total. In general, Pay in Full must be made by the
Payment Due Date in order to get a Grace Period.i
i
}
$
“Promotional Rate” means a temporary APR that may be
offered on a balance category for a designated time period,
and may be subject to other conditions.
“Purchase” means the use of your card or account number to:
(1) buy or lease goods or services;
(2) buy “Cash Equivalents” (i.e. foreign currency, money
orders or travelers checks from a non-financial institution, or
wire transters, out-of-network bill payments made through
FIACS's online bill payment service, person to person money
transfers, bets, lottery tickets, or casino gaming chips) from
any seller other than a financial institution; and
(3) make a transaction that is not otherwise a Cash Advance.
“Purchase” includes Account Fees, as well as Transaction
Fees and adjustments associated with any Purchase.
“We,” “us,” “our,” and “FIACS" mean FIA Card Services, N.A.,
also known as Bank of America.
“You” and “your” mean each and all of the persons who are
granted, accept or use an account we hold. “You” and “your”
also mean any other person who has guaranteed payment of
this account, when used in the sections titled, Your Contract
With Us, We May Monitor and Record Telephone Calls, and
Arbitration and Litigation, and when used in each of the
sections relating to payment of this account (e.g, Your
Promise to Pay, and How We Allocate Your Payments).
We will use the definitions described under the section
heading Words Used Often in This Agreement or as otherwise
defined in this Agreement. If we use a capitalized term in this
document but we do not define the term in this document, the
term has the meaning as used in your monthly statement.
We use section headings (e.9., Words Used Often in This
Agreement) to organize this Agreement. The headings are for
reference purposes only.
3. BALANCE CATEGORIES
When a Cash Advance or Purchase transaction occurs, we
add the amount of the transaction and any associated finance
charges, to one of the following balance categories:
Category A - Balance Transters and Check Cash Advances
Category B - ATM Cash Advances and Bank Cash Advances
Category C - Purchases
Category D - Other Balances
From time to time, we may move certain balances from one
category to another (for example, so we can accommodate
promotional terms), and we will tell you when we do.
Each balance category has its own APR. All rates are subject
to change. In addition to the Annual Percentage Rate section,
please see how we may change the rates on your account in
the section titled, We May Amend This Agreement.4, ANNUAL PERCENTAGE RATES
See Supplement To The Notice Of Change In Terms on the
enclosed statement.
5, DEFAULT PRICING
See Supplement To The Notice Of Change In Terms on the
enclosed statement.
6. CALCULATION OF PERIODIC RATE FINANCE CHARGES
We calculate Periodic Rate Finance Charges for each balance
category by multiplying its Balance Subject to Finance Charge
by the applicable DPR and that result by the number of days
in the billing cycle.
7. BILLING CYCLE
Your billing cycle ends each month on a Closing Date
determined by us. Each billing cycle begins on the day after
the Closing Date of the previous billing cycle. Each monthly
statement reflects a single billing cycle.
8. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO
ACCRUE
Each new Category A and Category B Cash Advance begins
to accrue Periodic Rate Finance Charges on its transaction
date. Category A and Category B balances remaining from
previous billing cycles accrue Periodic Rate Finance Charges
from the first day of the billing cycle. The transaction date for
Check Cash Advances and Balance Transfers made by check
is the date the check is first deposited or cashed. The
transaction date for a returned payment (a Bank Cash
Advance) is the date that the corresponding payment posted
to your account.
Unless subject to a Grace Period, each new Category C
Purchase and each new Category D Other Balance begins to
accrue Periodic Rate Finance Charges on its iransaction date
or the first day of the billing cycle, whichever date is later.
Unless subject to a Grace Period, Category C balances and
Category D balances remaining from previous billing cycles
accrue Periodic Rate Finance Charges from the first day of the
billing cycle.
When applicable, Periodic Rate Finance Charges accrue
daily and compound daily on new balances, and balances
remaining from previous billing cycles, in each balance
category. Periodic Rate Finance Charges will continue to
accrue even though you have paid the full amount of any
related balances in a balance category because we include
any accrued but unpaid finance charges in the calculation of
the Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
9, GRACE PERIOD
See Supplement To The Notice Of Change In Terms on the
enclosed statement for complete terms.40. CALCULATION OF BALANCES SUBJECT TO FINANCE
CHARGE
Categories A and B — Average Balance Method
(including new Cash Advances)
We calculate separate Balances Subject to Finance Charge
for Category A balances and Category B balances. We
calculate the Balance Subject to Finance Charge for each of
these balance categories by: (1) calculating a daily balance for
each day in the current billing cycle; (2) calculating a daily
balance for each day prior to the current billing cycle that had
a “Pre-Cycle Cash Advance” balance (a Pre-Cycle Cash
Advance is a Cash Advance with a transaction date prior to
the current billing cycle but with a posting date within the
current billing cycle); (3) adding all the daily balances together,
and (4) dividing the sum of the daily balances by the number
of days in the current billing cycle.
To calculate the daily balance for each day in the current bitling
cycle, we take the beginning balance, add an amount equal to
the applicable Daily Periodic Rate multiplied by the previous
day's daily balance, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credits. If any
daily balance is less than zero we treat it as zero.
To calculate a daily balance for each day prior to the current
billing cycle that had a Pre-Cycle Cash Advance balance, we
take the beginning balance attributable solely to Pre-Cycle
Cash Advances (which will be zero on the transaction date of
the first Pre-Cycle Cash Advance), add an amount equal to
the applicable Daily Periodic Rate multiplied by the previous
day’s daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We
exclude from this calculation all transactions posted in
previous billing cycles.
Categories C and D — Average Daily Balance Method
(including new transactions)
See Supplement To The Notice Of Change In Terms on the
enclosed statement for complete terms.
11. MINIMUM FINANCE CHARGE
See Supplement To The Notice Of Change In Terms on the
enclosed statement for complete terms.
12, TRANSACTION FEE FINANCE CHARGES
See Supplement To The Notice Of Change In Terms on the
enclosed statement for complete terms.
13, ACCOUNT FEES
See Supplement To The Notice Of Change In Terms on the
enclosed statement for a complete list of fees.
14, OVERDRAFT PROTECTION
if your checking account with Bank of America is linked to this
account, this overdraft protection feature will allow funds to be
transferred (“overdraft protection transfers”) from this account
into your designated checking account with Bank of America(‘checking account") when transactions occur on your checking
account, such as checks or other debits, that if paid would
cause the checking account to be overdrawn (“overdraft
transactions”). Overdraft protection transfers include automatic
transfers to cover checking account fees. Overdraft protection
transfers are processed after close of business Monday through ©
Friday and are treated as Category B Cash Advances. Each
day's overdraft transactions will be totaled and rounded to the
next $100 ($25 if you opened your checking account in
Washington or Idaho} increment up to your available credit limit,
regardless of who initiated the overdraft transactions. For
example, if your checking account has a balance of $1.00 and
a check or other debit item for $125 is presented for payment,
which if paid would cause your checking account to be
overdrawn, an overdraft protection transfer of $200 will be made
to your checking account and a Bank Cash Advance of $200
will post to this account. The amount of available credit on this
account must be sufficient to cover the total amount of overdraft
transactions (received by Bank of America that day) rounded to
the next $100 increment (but excluding any overdraft protection
fee); otherwise one or more of the overdraft transactions for that
day will be rejected. However, if the available credit on this
account is greater than the overdraft transaction amount, but
the available credit is insufficient for the overdraft transaction
amount to be rounded to the next $100 increment, then the
amount of the overdraft transaction will be rounded to the
highest whole dollar amount of your available credit. (And in
such an event, the accrued finance charges may result in an
Overiimit Fee.) We may permit or refuse to permit any overdraft
protection transfer that would cause you to exceed the credit
limit on this account; but if we permit it, you may be assessed
an Overlimit Fee during the billing cycle in which the transfer
occurs. This overdraft protection feature will automatically be
cancelled if this account is closed by either you or us, or at any
time upon your request. Your overdraft transactions remain
subject to the terms of your checking account with Bank of
America, any related enrollment agreement, and this Agreement.
15. SIGN YOUR CARD
You should sign your card before you use it.
16. HOW TO USE YOUR ACCOUNT
You may obtain credit in the form of Purchases and Cash
Advances by using cards, access checks, your account
number, or other credit devices.
17, WE MAY MONITOR AND RECORD TELEPHONE CALLS
You consent to and authorize FIACS, any of its affiliates, or
its marketing associates to monitor and/or record any of your
telephone conversations with our representatives or the
representatives of any of those companies. Where you have
provided a cell phone number directly to us, or placed a ceil
phone cail to us, you consent and agree to accept collection
calls to your cell phone from us. For any telephone or cell
Phone calls we place to you, you consent and agree thatthose calls may be automatically dialed and/or use recorded
messages.
18. CREDIT REPORTING AGENCIES; COLLECTING AND
SHARING INFORMATION
You authorize us to collect information about you in order to
conduct our business and deliver the top quality service you
expect, including information we receive about you,
information we receive from third parties such as credit
reporting agencies and information about your transactions
with us and other companies. You authorize us to share such
information about you or your account with our affiliates and
others. You may have the right to opt out of some information
sharing. For more details, please refer to our Privacy Policy,
'f you believe we have furnished inaccurate or incomplete
information about you or your account to a credit reporting
agency, write to us at: FIA Card Services, N.A., Credit
Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884-
7054. Please include your name, address, home phone
number, and account number, and explain what you believe is
inaccurate or incomplete.
19. PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, family, or household
Purposes. You may not use your account for business or
commercial purposes. You may not use a Check Cash
Advance, or any other Cash Advance, to make a payment on
this or any other account with us or our affiliates. You may not
use or permit your account to be used to make any illegal
transaction. You will only use your account for transactions that
are legal where you conduct them. For example, Intemet
gambling transactions may be illegal in your state. Display of a
Payment card logo by an online merchant does not mean that
an intemet transaction is legal where you conduct it, We may
charge your account for such transactions. We will not be liable
if you engage in an illegal transaction. We may deny
authorization of any transactions identified as Internet gambling.
20, PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks,
account number, or other credit device with the authorization to
obtain credit on your account, you may be liable for all
transactions made by that person including transactions for
which you may not have intended to be liable, even if the
amount of those transactions causes your credit limit to be
exceeded. Authorized users of this account may have the same
access to information about the account and its users as the
account holders. We may send account materials (cards,
statements and notices) to any liable party, and that person will
be responsible for delivering those materials to the other liable
Parties and authorized users. Notice to any of you will be
Considered notice to all of you. You may allow authorized users
on your account in the following ways: (1) by Notifying us that
you want someone added to your account as an authorized
user; (2) by lending your card or account number to another; or(3) by any other ways in which you would be legally considered
to have allowed another to use your account or to be legally
prevented from denying that you did so. You must think carefully
before you allow anyone to become an authorized user. By
doing so, you authorize the person to use your account to the
same extent you can, including but not limited to making any
purchases, cash advances, balance transfers and allowing
others to use your account. Your account does not permit you
to limit the nature or amount of authority you give to any
authorized user and you will not attempt to do so. An authorized
user’s authority will continue until you both notify us that you are
terminating the authority and you physically retrieve the card. If
you cannot retrieve the card, you will remain liable for any
transactions that we cannot prevent after you notify us.
21. YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases and Cash Advances. You also
promise to pay us all the amounts of finance charges, fees,
and any other transactions we charge to your account. Ifa
bank branch or office sponsors your account, you promise to
pay it any unpaid account balance it pays us within 30 days.
22. PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum Payment
Due shown on your monthly statement by its Payment Due
Date. Your Payment Due Date may vary from month to month.
Payments must conform to the requirements set out on that
monthly statement; these requirements may vary without prior
notice. You may pay the entire amount you owe us at any
time. Payments made in any billing cycle that are greater than
the Total Minimum Payment Due will not affect your obligation
to make the next Total Minimum Payment Due. If you overpay
or if there is a credit balance on your account, we will not pay
interest on such amounts. We will reject payments that are not
drawn in U.S. dollars and those drawn on a financial institution
located outside of the United States. We reserve the right to
reject any payment if your account has a credit balance as of
the day we receive that payment. Payment of your Total
Minimum Payment Due may not avoid the assessment of
Overlimit Fees. Generally, credits to your account, such as
those generated by merchants or by person-to-person money
transfers, are not treated as payments and will not reduce
your Total Minimum Payment Due.
See Supplement To The Notice Of Change In Terms on the
enclosed statement for additional terms.
23. TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time. Each
billing cycle, you must pay at least the Total Minimum
Payment Due shown on your monthly statement by its
Payment Due Date. The Total Minimum Payment Due is the
sum of all past due amounts plus the Current Payment.
See Supplement To The Notice Of Change tn Terms on the
enclosed statement for additional terms.24. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR
ACCOUNT
We credit your payments as of the date received, if the
payment is (1) received by 5 p.m. (Eastem Time); (2) received
at the address shown in the upper left-hand comer of the front
of your monthly statement; (3) paid with a check drawn in U.S.
dollars on a U.S. financial institution or a U.S. dollar money
order, and (4) sent in the return envelope with only the top
portion of your statement accompanying it. Payments received
after 5 p.m. on any day including the Payment Due Date, but
that otherwise meet the above requirements, will be credited
as of the next day. Credit for any other payments may be
delayed up to five days.
25, HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we determine.
In most instances, we will allocate your payments to balances
(including transactions made after your latest statement) with
lower APRs before balances with higher APRs. This will result
in balances with lower APAs (such as new balances with
Promotional APR offers) being paid before any other existing
balances,
26. PROMISE TO PAY APPLIES TO ALL PERSONS
All persons who initially or subsequently request, accept,
guarantee or use the account are individually and together
responsible for any total outstanding balance. If you and one
or more persons are responsible to pay any total outstanding
balance, we may refuse to release any of you from liability
until all of the cards, access checks,,and other credit devices
outstanding under the account have been returned to us and
you repay us the total outstanding balance owed to us at any
time under the terms of this Agreement.
27. DEFAULT
You will be in default of this Agreement if: (1) you fail to make
any required Total Minimum Payment Due by its Payment Due
Date; (2) your total outstanding balance exceeds your credit
limit; or (3) you fail to abide by any other term of this
Agreement. Our failure to exercise any of our rights when you
default does not mean that we are unable to exercise those
rights upon later default.
28. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT
If you are in default, then in addition to our other remedies under
this Agreement, we can require immediate payment of your total
outstanding balance and, unless prohibited by applicable law
and except as otherwise provided under the Arbitration and
Litigation section of this Agreement, we can also require you to
pay the costs we incur in any collection Proceeding, as well as
reasonable attorneys’ fees if we refer your account for collection
to an attomey who is not our salaried employee.
29, OTHER PAYMENT TERMS
We can accept late payments, partial payments, or payments
with any restrictive writing without losing any of our rightsunder this Agreement. This means that no payment, including
those marked with “paid in full” or with any other restrictive
on the check. We are not liable to you for any loss or expense
incurred by you arising out of the action we elect to take.
30, PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS
We may allow you, from time to time, to omit a monthiy
Payment or make a reduced Payment. We will notify you when
these options are available. if you omit a Payment or make a
teduced payment, finance charges, applicable fees, and other
regular transactions, if any, will accrue on your account
balances in accordance with this Agreement. The reduced
Payment amount may be less than your finance charges. You
must make the reduced Payment on time to avoid a jate fee.
You must resume making your reguiar Total Minimum Payment
Due each month following a payment holiday or reduced
Payment offer,
31. YOUR CREDIT LIMIT
Your credit limit is disclosed to you when you receive your
card and, generally, on each Monthly statement. We may
change your credit limit from time to time. The amount shown
on your monthly statement as Cash or Credit Available does
not take into account any Purchases, Cash Advances, finance
charges, fees, any other transactions, or credits which post to
32. WHAT WE MAY DO iF YOU ATTEMPT To EXCEED
YOUR CREDIT LIMIT
The total outstanding balance on your account pius
credit limit, we may: (1) permit the transaction without raising
your credit limit; (2) permit the transaction and treat the
if we refuse to permit the transaction, we May advise the person
who attempted the transaction that it has been refused. If weif we have previously permitted you to exceed your credit limit,
it does not mean that we will permit you to exceed your credit
limit again. If we decide to permit you to exceed your credit
limit, which could trigger a promotion tum-off event, we may
also charge an Overlimit Fee and/or apply Default Pricing as
provided in this Agreement.
33. WE MAY AMEND THiS AGREEMENT
We may amend this Agreement at any time. We may amend
it by adding, deleting, or changing provisions of this
Agreement. We may increase or decrease any or all of your
APRs. We may increase any or all of your APRs to rates
which exceed the Default Rate. When we amend this
Agreement we will comply with the applicable notice
requirements of federal and Delaware law that are in effect at
that time. The amended Agreement (including any higher rate
or other higher charges or fees) will apply to the total
outstanding balance, including the balance existing before the
amendment became effective. !f an amendment gives you the
opportunity to reject the change, and if you reject the change
in the manner provided in such amendment, we may
terminate your right to receive credit and may ask you to
return all credit devices as a condition of your rejection. We
may replace your card with another card at anytime.
34, WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We may suspend or close your account or otherwise
terminate your right to use your account. We may do this at
any time and for any reason.Your obligations under this
Agreement continue even after we have done this. You must
destroy all cards, access checks or other credit devices on
the account when we request.
35. YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
internet service providers, health clubs or insurance
companies. These transactions may continue to be charged to
your account until you change the billing. Also, if we believe
you have authorized a transaction or are attempting to use
your account after you have requested to close the account,
we may allow the transaction to be charged to your account.
37. REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account. This
can include a refusal to honor your card or account number or
any check written on your account. We are not liable for any
retention of your card by us, any other financial institution, or
any provider of goods or services.38, HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK
You may request a stop payment on an access check by
providing us with the access check number, dollar amount, and
payee exactly as they appear on the access check. Oral and
written stop payment requests on an access check are effective
for six months from the day that we place the stop payment.
39. YOU MAY NOT POSTDATE AN ACCESS CHECK
You may not issue a postdated access check on your account.
If you do postdate an access check, we may elect to honor it
upon presentment or return it unpaid to the person that
presented it to us for payment, without in either case waiting
for the date shown on the access check. We are not liable to
you for any loss or expense incurred by you arising out of the
action we elect to take.
40. TRANSACTIONS MADE IN FOREIGN CURRENCIES
ff you make a transaction in a foreign currency, the transaction
will be converted by Visa International or MasterCard
Intemational, depending on which card you use, into a U.S,
dollar amount in accordance with the operating regulations or
conversion procedures in effect at the time that the transaction
is processed. Currently, those regulations and procedures
provide that the currency conversion rate to be used is either
(1) a wholesale market rate or (2) a govemment-mandated rate
in effect one day prior to the processing date. The currency
conversion rate in effect on the processing date may differ from
the rate in effect on the transaction date or the posting date.
41. BENEFITS
We may offer you certain benefits and services with your
account. Any benefits or services are not a part of this
Agreement, but are subject to the terms and restrictions
outlined in the benefits brochure and other official documents
provided to you from time to time by or on behalf of FIACS.
While any benefits or services described in the previous
sentence are not a part of this Agreement, any claim or
dispute related to any such benefit or service shall be subject
to the Arbitration and Litigation section of this Agreement. We
may adjust, add, or delete benefits and services at any time
and without notice to you.
42. WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell; assign or
transfer your account, any sums due on your account, this
Agreement, or our rights or obligations under your account or
this Agreement to any person or entity. The person or entity to
whom we make any such sale, assignment or transfer shall be
entitled to all of our rights and/or obligations under this
Agreement, to the extent sold, assigned or transferred.
43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR
ADDRESS
We strive to keep accurate records for your benefit and ours.
The post office and others may notify us of a change to youraddress. When you change your address, you must notify us
promptly of your new address.
44, WHAT LAW APPLIES
This Agreement is made in Delaware and we extend credit to
you from Delaware. This Agreement is governed by the laws
of the State of Deiaware (without regard to its conflict of laws
principles) and by any applicable federal laws.
45. THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
if any provision of this Agreement is found to be invalid, the
remaining provisions will continue to be effective.
46, OUR RIGHTS CONTINUE
Our failure or delay in exercising any of our rights under this
Agreement does not mean that we are unable to exercise
those rights later.
47. UNAUTHORIZED USE OF YOUR CARD
Please notify us immediately of the loss, theft, or possible
unauthorized use of your account at (800) 732-9194 and
(800) 681-2803 for Spanish.
48. ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you unless
you were given the opportunity to reject the Arbitration and
Litigation provisions and you did so reject them in the manner
and timeframe required. If you did reject effectively such a
provision, * you agreed that any litigation brought by you
against us regarding this account or this Agreement shall be
brought in a court located in the State of Delaware.
Any claim or dispute (“Claim”) by either you or us against the
other, or against the employees, agents or assigns of the
other, arising from or relating in any way to this Agreement or
any prior Agreement or your account (whether under a statute,
in contract, tort, or otherwise and whether for money
damages, penalties or declaratory or equitable relief}, shall,
upon election by either you or us, be resolved by binding
arbitration. The arbitrator shall resolve any Claims, including
the applicability of this Arbitration and Litigation Section or the
validity of the entire Agreement or any prior Agreement,
except for any Claim challenging the validity of the Class
Action Waiver, which shail be decided by a court.
In addition, we wilt not choose to arbitrate an individual Claim
that you bring against us in small claims court or an
equivalent court, if any. But if that Claim is transferred,
removed or appealed to a different court, we then have the
tight to choose arbitration.
Arbitration shall take place before a single arbitrator and on an
individual basis without resort to any form ‘of class action.
Arbitration may be selected at any time unless a judgment has
been rendered or the other party would suffer substantial
prejudice by the delay in demanding arbitration.The arbitration shall be conducted by the National Arbitration
Forum (“NAF”), under the Code of Procedure in effect at the
time the Claim is filed. Rules and forms of the National
Arbitration Forum may be obtained and Claims may be filed
at any National Arbitration Forum office, www.arb-
forum.com, or P.O. Box 50191, Minneapolis, Minnesota
55405, telephone (800) 474-2371. If the NAF is unable or
unwilling to act as arbitrator, we may substitute another
nationally recognized, independent arbitration organization
that uses a similar code of procedure. At your written request,
we will advance any arbitration filing fee, administrative and
hearing fees which you are
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-26-2012 9:50 am Case Number: CGC-12-518539 Filing Date: Sep-26-2012 9:47 Filed by: NADITA MASON Juke Box: 001 Image: 03779256 DECLARATION FIA CARD SEVICES N.A. VS. ALAIN M. ALAHI 001003779256 Instructions: Please place this sheet on top of the document to be scanned.Harvey M. Moore, Esq. Bar No. 101128 The Moore Law Group, A Professional Corporation 3710 S. Susan Street, Suite 210 PO Box 25145 Santa Ana, CA 92799-5145 800-506-2652 Attorneys for Plaintiff | FIA CARD SERVICES N.A. FIA CARD SERVICES N.A., Plaintiff, | vs. Alain M Alahi, an individual; DOES 1-10, inclusive, | Defendant. FILED SUPERIOR “COUNTY OF SANFR Resco 2012 SEP 26 AM 9:55 CLERK OF THE CouRT c wi fin? , DEPUTY CLERK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, "LIMITED" DEMAND UNDER $25,000 Case No. CGC-12-518539 DECLARATION IN SUPPORT OF APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO CCP § 585(d)BIDNA & KEYS 3710 S. SUSAN STREET SANTA ANA, CA 92704 FIA Card Services, N.A. Plaintiff, om OG alfa bien RATION F ALAIN M ALAHI APPLICATION FOR ENTRY OF Defendant(s). JUDGMENT |, Thomasina McKoy, hereby declare: 1. 1am over 18 years old and competent to make this affidavit. | am a Custodian of Records and an authorized Officer of Plaintiff FIA Card Services, N.A for purposes of this affidavit. | am duly authorized to make this declaration, and because of the scope of my job responsibilities, | am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this declaration are true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. 3. The books and records of Plaintiff show that Defendant(s) opened an account with FIA Card Services, N.A., or a predecessor in interest, for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the customer agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Plaintiff show that Defendant(s) is/are currently indebted to Plaintiff on account number XXXX-XXXX-XXXX-2472 for the just and true sum of $13,192.99 and that all just and lawful offsets, payments, and credits have been allowed. The last payment or charge to this account occurred on 09/21/10. The customer agreement entered into between the Defendant and the Plaintiff, or a predecessor in interest, also authorizes Plaintiffs to recover from Defendant(s) costs to the extent permitted by law.5. Under California Code of Evidence § 1550 (a)(2), Plaintiff also submits a copy(copies) of the itemized statement(s) supporting the principal balance true and accurate copies are attached hereto as Exhibit “A” and incorporated herein by reference. Since the date of this statement there have been credits totaling $0.00, leaving a present balance of $13,192.99 due, owing, and unpaid. The exhibits attached to this declaration were prepared in the ordinary course of business. 6. | declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness | would competently testify, under oath, thereto. Given under my hand on: Dated: MAY 16 2012 Declarant Name (Printed) Thomasina McKoy__ Declarant Name (Signature) themaoma. Met Title of Declarant Officer.EXHIBIT 1Bankof America : Perks Advantage eS 9 ALAIN M ALAH ‘Account Number: aaa” April 20 - May 18, 2011. Account Information: www.bankofamerica.com Lz) CULL ucts Eu sed uals) Mall billing Inquiries to: New Balance Total... . . Previous Balance Bank of America Current Payment Dus Payments and Other Credits, P.O, Box 15028 Past Due Amount... Purchases and Adjustments Wilmington, DE 19850-5026 Foes Charged Mall payments to: Total Minimum Payment Due. Interest Charged. Bank of America Payment Due Date P.O. Box 301200 New Balance Total .. Los Angeles, CA 900301200 | 1 gto Payment Waming: If we do not receive your Total Minimum Payment by Customer Service: the date listed above, you may have to pay a late fee of up to $35.00. Credit Line... $13,500.00 1.800.421.2110 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date 5/48/11 Payment each period, you will pay more in interest and it will take you longer | | Days in Billing Cycle ... ssn 29 (8002483178 TTY) to pay off your balance. For example: Teo is ame aeRO ORCC Pe Ratt erat atch commmentT ed eascin ecu Rect NsIC° Danes DSRS Cees i Piero un era Curie eee rd ‘Only the Total $25,725.07 Minimum Payment Ifyou would like information about credit counseling services, call 1-866-300-5238, UGG caus Transaction Posting Reference Account Date Dete Description Number Number Amount Toto! Foos 06/16 05/16 LATE FEE FOR PAYMENT DUE 05/16 3022 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 05/18 = 05/18 Interest Charged on Batance Transfers 112.35 05/18 = (08/18 Interest Charged on Cash Advances 0,28 continued on next page... ar BANK OF AMERICA Account Number: SS P.O, BOX 301200 LOS ANGELES, CA 90030-1200 New Balance Tota... Total Minimum Payment Due . Payment Due Date ALAIN MALAHI Enter payment amount $ 268 BUSH ST # 4234 SAN FRANCISCO CA 94104-3503 o Check here for a change of mailing address or phone numbers. Please provide ell corrections on the reverse side. Mall this coupon along with your check payable to: Bank of AmericaIMPORTANT INFORMATION ABOUT THIS ACCOUNT USE611 Rev. 08/10] CUSTOMER TIPS FOR DISPUTED ITEMS ‘Many times disputed charges are legitimate charges that customers may not recognize or remember, Before disputing a charge, we recommene thatyou verify a few things and make every effort to xeaolve the dispute with the merchant. Often thewerchant can ‘answer your questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or billing statement. © Hoga credit posted toyouraccount? Please allow up to30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. + Ietho chargeoramount unfamiliar? ‘Check with other persons authorized to use the account tomake sure they didnot make the charge. Itis possible that the merchants’ billlng names and store names are different or amounts can easily be confused with similar charges or include tips. One way to check for the credits orto view transaction details is tolook at your aceount statements online. Ifyou are not enrolled in Online Banking, itis easy to enroll using the web address on the front of your statement or give usa call. Please remember: Once you recelve your statement with a trangaction you wish to dispute, yon only have G0 days to dispute the charge, ONEINE: ‘Online Banking is available 24 hours a day, 7 days.a week and allows you to view the most recent activity on your account, Bp PHONES 1,868,266.0212 For prompt eervice, please have the merchant reference number(s) available for the charge(s) in question. MATL ‘Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19850-5026 ‘When writing, please include Your Name, Account Number, the reference numberof the disputed item and specific details regarding your dispute, inchding dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contractand x postage return receipts as proof of any returns. GRACE PERIOD/PAVING INTEREST “race Period” means the period of time during a billing cycle when you will not. acerva intarest on certain transactions or halances. There ig no Grace Period for Balance ‘Tranafare or Cash Advances; we begin charging interest on Balance Transfers and Cash Adlvances on the transaction date, Wewill not charge interest on Purchases on the next ‘statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date, ‘CALCULATION OF BALANCES SUBJECT YO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): ‘We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers orCash Advances. We do this by: (1) calculating a daily balance for each day in this statement’s billing cycle; (2) calculating a daily balance for each day prior to this statement’s billing cycle that had a “Pre-Cycle balance” ~a Pre-Cycle balance is a Balance "Tyansfer ora Cash Advance with a transaction date prior to this statement’s billing oycle but witha posting date within this atatement’s: iling eles (8) addingall the daily ‘Dalances together; and (4) dividing the sum of the daily balances by the number of days in thie statement’s billing cycle. ‘To calculate the daily balance for each day in this statement’s billing cycle, we take the ‘deginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance, addnow Balance Transiers, mew Cash Advances and ‘Transaction Fees, and subtract applicable payments and credits, Ifany daily balance is Jess than zoro we treat itas zero, To calculate a daily balance for each day prior to this statement's billing cyclo that had ‘&Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balance {which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, ‘and add only the applicable Pre-Cycle balances, and thelr related Transaction Fees. We exclude from this calculation all transactions posted in previous hilling cycles, Average Dally Balance Method (including new Purchases); ‘calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. ‘To caleulate the daily balance for each day in this statement's billing cycte, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied ty the previous day's daily balance, add new Purchases, new Account Fees, and now ‘Transaction Fees, and subtract applicable payments and credits. If any daily balance is PAYMENTS ‘We credit mailed payments a9 of the date received, ifthe payment is: (1) received by 5 pia. ocal time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in US. dollars on a US. financial institution or ‘8 US. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local {ime at the remittance address on any day including the Payment Due Dato, but that ‘otherwise meet the above requirements, will be credited as of the next day. Payments ‘mada online or by phone willbe credited as of tho date of receipt if made by § p.m. Central time, Credit for any other payments may be delayed up to five days. No payment shall operates an accord and satisfaction without the prior written approval of one of our Senior Officers, 'We process most payment checks electronically by using the information found on ‘your check. Bach check authorizes us tocreatea one-time electronic funds transfer (or proceas itas.a check or paper draft), Fonds may be withdrawn from sour accountas soon bs the same day we receive your payment. Checks are not returned toyou. For more information or to stop the electronic funds transfers, cal us at the number listed on the front, ° Ttyou have authorized us to pay your credit card bill automatically from your savings orchecking account with us, you can stop the payment on any amount you think is wrong. To stop payment, yourletter must reach us atleast three business daysbefore the automatic payment is scheduled to occur. less than zero we treat it as zero, Weinclude the fees for credit card debt cancellation or credit insurance purchased through usin: calculating the beginning balance for the first day ofthe billing cycleafter ‘the billing cycle tn which such fees are billed. ‘TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a dafly basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Datly Periodic Rate and that reault by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we adi the Periodic Rate Interest Charges together. ‘ADaily Periodic Rate Is calculated by dividing an Annual Percentage Rate by 385, HOW WE ALLOCATE YOUR PAYMENTS Hyovraccount has balances with different APRs, we will allocate the amount of your payment equalto the Total Minimura Payment Due to the lowest APR balances first {including transnetions made after this statement). Payment amounts in excess of your ‘Total Minimum Payment Due will b applied to balances with higher APRa before balances with lower APRs, IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE ‘When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we willask for Security information, A fee may apply for expedited service. To cancel, callus before the schedutedpayment date, Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. PIA Card Services isa tradename of PIA Card Services, N.A. Thisaccountis issued and administered by FIA Card Services, N.A. ‘Ifyour billing adress or contact information has changed, or ifyour address is incorrectas itappears on this biU, please provide all corrections here, Address1 Address? 2. ae Arca Code & ‘Home Phone ~ ne Area Code & ‘Work PhoneBankof America Perks Advantage oe 3795 ‘April 20 - May 18, 2011 Page 3 of 4 Reference Account Trensection Posting Dete Dote Description Number Humber Amount Totat Interest Charged 05/18 05/18 Interest Charged on Purchases 22.58 $436.21 ‘TOTAL INTEREST FOR THIS PERIOD Prec R ncn) een, Total fees charged in 2011. $175.00 Total interest charged In 203.1. $685.22 Fea ikke uss So cadence ‘Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balanoe Interest Peroontage ‘Transaction Offer ID Subject to Oharges by Rate Type Interest Transaction Rate Type Balance Transfers 12.998V 910,885.59 $142.35 Gash Advances 19. 240V $18.60 $_0.28 Purchases: 42.9980 $ 2,187.38 § 22.58 ‘APR Typo Definitions: Dally Interest Rate Type: V= Variable Rate (rate may vary)EXHIBIT 2BankofAmerica IMPORTANT NOTICE OF CHANGE IN TERMS Bank of America Corporation and MBNA Corporation are pleased to announce our merger. In bringing the organizations together, we are creating a credit card bank that will provide our customers with a greater range of financial solutions than ever before. We are consolidating our credit card program into one bank: FIA Card Services, N.A. As a result, beginning October 19, 2006 (the “Effective Date”), your Bank of America credit card account will be issued and administered by FIA Card Services, N.A. This document, together with the Suppiement To The Notice Of Change In Terms on the enclosed statement, is your new “Credit Card Agreement” and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstanding balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below will apply to your account as of the first day of your billing cycle that includes the Effective Date. Sections 12 and 13 will apply to your account as of the Effective Date. As a part of the transition, we will be restructuring your account balances into four balance categories {as newly defined by your Credit Card Agreement): Category A, for Check Cash Advances and Balance Transfers; Category B, for Bank and ATM Cash Advances; Category C for Purchases; and Category O for Other Balances. In some cases we will consolidate existing balances into a single balance category. When we do So, we will honor, or lower, the existing Annual Percentage Rates, including any existing promotional rates or default rates that may be available on this account. CREDIT CARD AGREEMENT We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: Balance Categories and We May Amend This Agreement. 1. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement. Ococ@cococo Bank of America, N.A. (USA) FO1-C1125-DUAL © 2006 Bank of Americays @- 2. WORDS USED OFTEN IN THIS AGREEMENT “Access check” means an access check we provide to you to make a Check Cash Advance on your account. “Agreement” or “Credit Card Agreement” means this document and any changes we make to this document from time to time. “APR” means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate (“DPR”) which is calculated by dividing the corresponding APR by 365. “Card” means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. “Cash Advance” means the use of your account for a foan obtained: (1) at an automated teller machine (“ATM Cash Advance”); (2) by a transfer of funds initiated by us at your request (‘Balance Transfer’); (3) at any financiai institution (e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled in an overdraft protection program, at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Bank Cash Advance”); (4) by an access check you sign as drawer (“Check Cash Advance”), “Cash Advance” includes Transaction Fees and adjustments associated with any Cash Advance. “Default Rate” means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Default Pricing. “Foreign Transaction” means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). “Grace Period” means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. “New Balance Total” means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the “Previous Balance.” Then we subtract payments and credits. Then we add Cash Advances, Purchases and Finance Charges. “Pay in Full” or “Paid in Full” means payments and credits in a billing cycle totaling at least your previous billing cycle’s New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period.i i } $ “Promotional Rate” means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. “Purchase” means the use of your card or account number to: (1) buy or lease goods or services; (2) buy “Cash Equivalents” (i.e. foreign currency, money orders or travelers checks from a non-financial institution, or wire transters, out-of-network bill payments made through FIACS's online bill payment service, person to person money transfers, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; and (3) make a transaction that is not otherwise a Cash Advance. “Purchase” includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. “We,” “us,” “our,” and “FIACS" mean FIA Card Services, N.A., also known as Bank of America. “You” and “your” mean each and all of the persons who are granted, accept or use an account we hold. “You” and “your” also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g, Your Promise to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.9., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. 3. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transters and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR. All rates are subject to change. In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement.4, ANNUAL PERCENTAGE RATES See Supplement To The Notice Of Change In Terms on the enclosed statement. 5, DEFAULT PRICING See Supplement To The Notice Of Change In Terms on the enclosed statement. 6. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billing cycle. 7. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. 8. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its iransaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. 9, GRACE PERIOD See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms.40. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B — Average Balance Method (including new Cash Advances) We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a “Pre-Cycle Cash Advance” balance (a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle); (3) adding all the daily balances together, and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current bitling cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day’s daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D — Average Daily Balance Method (including new transactions) See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 11. MINIMUM FINANCE CHARGE See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 12, TRANSACTION FEE FINANCE CHARGES See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 13, ACCOUNT FEES See Supplement To The Notice Of Change In Terms on the enclosed statement for a complete list of fees. 14, OVERDRAFT PROTECTION if your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred (“overdraft protection transfers”) from this account into your designated checking account with Bank of America(‘checking account") when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn (“overdraft transactions”). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through © Friday and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Washington or Idaho} increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and a Bank Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overiimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use it. 16. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. 17, WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize FIACS, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a ceil phone cail to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell Phone calls we place to you, you consent and agree thatthose calls may be automatically dialed and/or use recorded messages. 18. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy, 'f you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884- 7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household Purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Intemet gambling transactions may be illegal in your state. Display of a Payment card logo by an online merchant does not mean that an intemet transaction is legal where you conduct it, We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. 20, PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable Parties and authorized users. Notice to any of you will be Considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by Notifying us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another; or(3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user’s authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. 21. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. Ifa bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. 22. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. See Supplement To The Notice Of Change In Terms on the enclosed statement for additional terms. 23. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. See Supplement To The Notice Of Change tn Terms on the enclosed statement for additional terms.24. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit your payments as of the date received, if the payment is (1) received by 5 p.m. (Eastem Time); (2) received at the address shown in the upper left-hand comer of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. 25, HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APAs (such as new balances with Promotional APR offers) being paid before any other existing balances, 26. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks,,and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. 27. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. 28. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection Proceeding, as well as reasonable attorneys’ fees if we refer your account for collection to an attomey who is not our salaried employee. 29, OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rightsunder this Agreement. This means that no payment, including those marked with “paid in full” or with any other restrictive on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 30, PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthiy Payment or make a reduced Payment. We will notify you when these options are available. if you omit a Payment or make a teduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced Payment amount may be less than your finance charges. You must make the reduced Payment on time to avoid a jate fee. You must resume making your reguiar Total Minimum Payment Due each month following a payment holiday or reduced Payment offer, 31. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each Monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to 32. WHAT WE MAY DO iF YOU ATTEMPT To EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account pius credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the if we refuse to permit the transaction, we May advise the person who attempted the transaction that it has been refused. If weif we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion tum-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. 33. WE MAY AMEND THiS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. !f an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34, WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. 35. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. 37. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services.38, HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. 39. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 40. TRANSACTIONS MADE IN FOREIGN CURRENCIES ff you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard Intemational, depending on which card you use, into a U.S, dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a govemment-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. 41. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIACS. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. 42. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell; assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to youraddress. When you change your address, you must notify us promptly of your new address. 44, WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Deiaware (without regard to its conflict of laws principles) and by any applicable federal laws. 45. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE if any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. 46, OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 47. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at (800) 732-9194 and (800) 681-2803 for Spanish. 48. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, * you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute (“Claim”) by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief}, shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shail be decided by a court. In addition, we wilt not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the tight to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form ‘of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration.The arbitration shall be conducted by the National Arbitration Forum (“NAF”), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb- forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone (800) 474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are