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Case Number: COWE-16-017900 Division: 80
Filing # 50341575 E-Filed 12/20/2016 04:14:20 PM
IN THE COUNTY COURT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO:
Bank of America, N.A.,
Plaintiff,
COMPLAINT FOR DAMAGES
vs. ATTORNEY BAR NO: 0597708
SHARI A AZOUZ,
Defendant.
/
Plaintiff Bank of America, N.A. complains of Defendant, SHARI A AZOUZ, and would
respectfully show the following:
JURISDICTION
1. This is an action for damages that are within the jurisdictional limits of this court
exclusive of costs.
SERVICE
2. Defendant may be served at the address listed on the court summons.
VENUE
3. Venue of this action is proper in the county named above because the Defendant
is a resident of this county.
FACTS
4, Plaintiff is a national banking association organized and existing under the laws
of the United States of America and having its principal place of business in Charlotte, North
Carolina.
5. Bank of America, N.A. (“BANA”) is a wholly-owned subsidiary of Bank of
America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/20/2016 4:14:18 PM.****as MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of
BANA effective October 1, 2014.
6. Defendant applied for and received a credit account, which is owned and
administered by Plaintiff (the “Account”). Defendant used or authorized the use of the Account
for the acquisition of goods, services, balance transfers or cash advances in accordance with the
customer agreement (“Agreement”) governing use of the Account with Plaintiff.
7. Defendant breached the Agreement by failing to make periodic payments as
required thereby and the Account was subsequently charged-off. The entire balance on the
Account is owed to Plaintiff and is presently due and payable in full.
8. The current Account balance is $6,490.17, which includes any applicable
payments and credits. The Account is not accruing post charge-off interest.
9. In accordance with federal regulations, monthly periodic statements for the
Account have been provided to the Defendant. Attached hereto and incorporated herein as
Exhibit “A” is a copy of the last periodic statement provided to Defendant prior to charge-off.
Based on Plaintiff's records, there are no unresolved billing disputes related to the Account.
FIRST CAUSE OF ACTION - BREACH OF CONTRACT
Plaintiff realleges paragraphs 1 - 9 as though fully stated herein.
10. The issuance of a credit account constitutes the offer of a contract. See, e.g., Bank
One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App.
1989). Use of a credit account constitutes acceptance of the terms of the cardmember
agreement. See, e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil
Corporation, 114 Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan, 168
S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance ofthe credit account constitutes an offer of credit, and the use of the credit account constitutes the
acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing
Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975).
11. By using and/or authorizing the use of the credit account Defendant accepted the
contract with Plaintiff and became bound to pay for all charges incurred with the credit account.
Defendant also became subject to all of the terms and conditions of the cardholder agreement.
12. Defendant defaulted in the payment obligation on the credit account. Such breach
of contract proximately caused the Plaintiff damages in the amount of the balance due on the
credit account.
13. Defendant is presently indebted to Plaintiff in the amount of $6,490.17. Plaintiff
seeks judgment for such sum and court costs.
SECOND CAUSE OF ACTION —- UNJUST ENRICHMENT
Plaintiff realleges paragraphs 1 - 5 as though fully stated herein.
14. In the alternative, and without waiving the foregoing, the Plaintiff conferred a
benefit on the Defendant by providing a credit account pursuant to the Defendant’s request.
15. The Defendant received and used (or authorized the use of) the credit account
knowing that the Plaintiff expected to be repaid for all charges incurred.
16. With each use of the credit account the Plaintiff paid money on Defendant's
behalf to the merchant(s) with whom the credit account was used. It would be inequitable for
the Defendant to retain the benefit without paying the value thereof.
17. The Plaintiff has no adequate remedy at law.
18. Plaintiff is entitled to recover from Defendant the sum of $6,490.17. Plaintiff
seeks judgment for such sum and court costs.THIRD CAUSE OF ACTION —- ACCOUNT STATED
Plaintiff realleges paragraphs 1 - 9 as though fully stated herein.
19. In the alternative, and without waiving the foregoing, Plaintiff asserts that
Defendant’s use of the credit account to purchase goods and services represented a periodic
account, for which Plaintiff generated regular monthly statements.
20. By submitting the payments in response to the statement generated and provided
by Plaintiff, the Defendant has accepted the resulting balance.
21. There are no unresolved billing disputes made in response to receiving the
account statements and, therefore, Defendant has agreed to the resulting balance.
22. Defendant is liable to Plaintiff for the account balance of $6,490.17. Plaintiff
seeks judgment for such sum and court costs.
CONDITIONS PRECEDENT
23. Through its undersigned attorney, Plaintiff has demanded payment from
Defendant, but Defendant has not satisfied such demand. Plaintiff has performed all conditions
precedent to the filing of this action, or all such conditions precedent have occurred.
WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to
appear, and that upon entry of default or final hearing, Plaintiff have judgment against Defendant
for:
a. $6,490.17, which is the balance due on the credit account; and
b. all costs of court.Respectfully submitted,
ANDREU, PALMA, LAVIN & SOLIS, PLLC
Attorneys for Plaintiff
1000 NW 57" Ct., Ste. 400
Miami, FL 33126
Tel. (305) 631-0175
Fax. (305) 631-1816
laff L. Palma
Jofge L. Palma, Esq.
FBN 0597708
E-mails: pleadings | @andreupalma.com;jpalma@andreupalma.com
16-26167Platinum Plus
The new standard
SHARI A HELLER
CREDIT CARD AGREEMENT
CONTENTS (Selected Sections)
m= BANK OF AMERICA PRIVACY POLICY
FOR CONSUMERS 2007
m YOUR CONTRACT WITH US
m WORDS USED OFTEN IN THIS.
AGREEMENT
m ANNUAL PERCENTAGE RATES
m= ACCOUNT FEES
m= HOW TO USE YOUR ACCOUNT
m= PAYMENTS ON YOUR ACCOUNT
m WE MAY AMEND THIS AGREEMENT
m UNAUTHORIZED USE OF YOUR CARD
m ARBITRATION AND LITIGATION
m= YOUR BILLING RIGHTS
16
16
19
27
30
33
37
a“
mn
44eG Ne SS
BANK OF AMERICA PRIVACY POLICY
FOR CONSUMERS 2007
Trust. Respect. Integrity.
Our privacy commitment to you
To learn more about how Bank of
America manages Customer Information
and what actions you can take, please
continue reading.
We are committed to respecting and
protecting our customers’ privacy.
This document includes information
about:
1. Making the security of information
a priority
2. Collecting information
3. Managing information
4. Making sure information is
accurate
5. Honoring your preferences
6. Actions you can take
7. Guarding your own information
8. Bank of America companies
This policy covers Customer Information,
which means personally identifiable
information about a consumer or a
consumer's current or former customer
relationship with Bank of America. This
policy is provided to you as required by the
Federal Financial Privacy Law* and applies
to our companies identified in Section 8:
Bank of America Companies.
415 U.S.C 680168101. Making the security of information a
priority
Keeping financial information secure is
one of our most important responsibilities.
We maintain physical, electronic and
procedural safeguards to protect Customer
Information. Appropriate employees are
authorized to access Customer Information
for business purposes only. Our employees
are bound by a code of ethics that requires
confidential treatment of Customer
Information and are subject to disciplinary
action if they fail to follow this code.
2. Collecting information
We collect and use various types of
information about you and your accounts to
service your accounts, save you time and
money, better respond to your needs, and
manage our business and risks.
Customer Information is categorized in
the following six ways:
A. Identification Information -
information that identifies you such as
name, address, telephone number and
Social Security number.
B. Application Information -
information you provide to us on
applications and through other means
that will help us determine if you are
eligible for products you request.
Examples include assets, income and
debt.
C. Transaction and Experience
Information - information about
transactions and account experience, as
well as information about our
communications with you. Examples
include account balances, payment
history, account usage, and your inquiries
and our responses.
D. Consumer Report Information -
information from a consumer report.
Examples include credit score and credit
history.E. Information from Outside Sources
-information from outside sources
regarding employment, credit and other
relationships that will help us determine if
you are eligible for products you request.
Examples include employment history,
loan balances, credit card balances,
property insurance coverage and other
verifications.
F. Other General Information -
information from outside sources, such
as data from public records, that is not
assembled or used for the purpose of
determining eligibility for a product or
service.
As required by the USA PATRIOT Act, we
also collect information and take actions
necessary to verify your identification.
3. Managing Information
We manage how and when information is
shared:
e Within Bank of America
« With companies that work for us
e With third parties
In other situations
Managing information within Bank of
America
Bank of America is made up of a number
of companies, including financial service
providers such as our brokerage company
and credit card company, and nonfinancial
companies such as our operations and
servicing subsidiaries.
Bank of America may share any of the
categories of Customer Information among
our companies. For example, sharing
information allows us to use information
about your ATM, credit card and check card
transactions to identify any unusual activity
and then contact you to determine if your
card has been lost or stolen.We occasionally receive medical or
health information from a customer if, for
example, a customer applies for insurance
from us. We also may obtain information
from insurance support organizations not
affiliated with Bank of America that prepare
and provide reports to others as well as to
us. We do not share medical or health
information among our companies, except to
maintain or collect on accounts, process
transactions, service customer requests or
perform insurance functions, to the extent
permitted by law.
Managing information with companies
that work for us
We may share any of the categories of
Customer Information with companies that
work for us, including companies located
outside the United States. All nonaffiliated
companies that act on our behalf and
receive Customer Information from us are
contractually obligated to keep the
information we provide to them confidential,
and to use the Customer Information we
share only to provide the services we ask
them to perform. These companies may
include financial service providers such as
payment processing companies, and
nonfinancial companies such as check
printing and data processing companies.
In addition, we may share any of the
categories of Customer Information with
companies that work for us in order to
provide marketing support and other
services, such as a service provider that
distributes marketing materials. These
companies may help us to market our own
products and services, or other products and
services that we believe may be of interest
to you. Please note that some of our own
companies may provide marketing support
and other services for us as well.Sharing information with third parties for
customers with credit cards and
Sponsored Accounts only
We may share Identification Information,
Transaction and Experience Information, as
well as Other General Information we collect
about each of your (1) Bank of America
credit card account(s) and (2) Sponsored
Accounts at Bank of America, with selected
third parties.
1. Credit card account information,
whether co-branded or not, may be
shared with third parties; and
2. Sponsored Account information may
be shared with third parties. Sponsored
Accounts are non-credit card accounts or
services provided by Bank of America
that are also endorsed, co-branded or
sponsored by other organizations.
Examples of these organizations include
colleges, sporting teams, retailers and
other affinity organizations, such as
charities. Sponsored Accounts may
include deposit accounts or other banking
services provided by Bank of America,
such as a savings account co-branded
with an automobile club. You will know
whether an account is a Sponsored
Account by the appearance of the name
or logo of the sponsoring organization on
account materials, such as statements,
applications and online forms.
We may share information about credit
cards and Sponsored Accounts with selected
third parties including:
e Financial services companies (such as
insurance agencies or companies and
mortgage brokers, and organizations
with whom we have agreements to
jointly market financial products);
e Nonfinancial companies (such as
retailers, travel companies and
membership organizations); and
« Other companies (such as nonprofit
organizations).Information shared, as described in
this section, is limited to credit card and
Sponsored Account information only.
You may elect to opt out of this sharing.
Please see Section 5, Honoring Your
Preferences.
Disclosing information in other
situations
We also may disclose any of the
categories of Customer Information to credit
bureaus and similar organizations and when
required or permitted by law. For example,
Customer Information may be disclosed in
connection with a subpoena or similar legal
process, fraud prevention or investigation,
tisk management and security, and
recording of deeds of trust and mortgages in
public records. Customer Information may
also be disclosed to companies that process
your requests for products or services or in
connection with the sale of your account to
another financial institution. We also may
share any of the categories of Customer
Information outside Bank of America
companies when we have your consent,
such as when you request a specific
insurance rate quote from a third-party
insurer.
4. Making sure information is accurate
Keeping your account information
accurate and up to date is very important.
You have access to your account
information, which includes your contact
information, account balances and
transactions and similar information, which
we provide to you through various means,
such as account statements, telephone
banking, Online Banking and in response to
specific requests. If your account information
is incomplete, inaccurate or not current,
please call or write to us at the telephone
number or appropriate address for such
changes listed on your account statement,
Tbank records or other account materials. We
will promptly update or correct any
erroneous information.
5. Honoring your preferences
You have choices when it comes to how
Bank of America shares and uses
information.
Options for sharing with third parties for
customers with credit cards and
Sponsored Accounts only
If you have a Bank of America credit card
or Sponsored Account, you may request that
we not share information about these
accounts with third parties. If you are unsure
whether any of your accounts are Sponsored
Accounts, please contact 1.888.341.5000. If
you request that we not share information
with third parties, we may still share
information:
e where permitted or required by law as
discussed in Section 3 under
Disclosing information in other
situations; and
e with our service providers as
discussed in Section 3 under
Managing information with companies
that work for us; and
with other financial companies with
whom we have joint marketing
agreements,
If you do not have a credit card or
Sponsored Account, this section does
not apply to you.
If you have multiple credit cards or
Sponsored Accounts, you will need to
express your preference for each account
separately. When any customer on a joint
account requests that we not share with third
parties, we apply that preference to the
entire account. California residents — see
additional information at the end of this:
policy.Sharing among Bank of America
companies
You may request that Application
Information, Consumer Report Information
and Information from Outside Sources not
be shared among Bank of America
companies. Information is shared among
Bank of America companies to complete
applications for new products or services
that you request, thereby saving you time,
and to manage our business and risks.
During the normal course of doing business,
we will continue to share Identification
Information, Transaction and Experience
Information, as well as Other General
Information among our companies. Vermont
residents — see additional information at the
end of this policy.
For sharing among Bank of America
companies, each customer may tell us his or
her preferences individually, or you may tell
us the preferences for any other customers
who are joint account owners with you.
Direct marketing
You may choose not to receive direct
marketing offers - sent by postal mail,
telephone and/or e-mail - from Bank of
America. These preferences apply to all
marketing offers from us and from
companies working for us. To minimize the
amount of telephone solicitation our
customers receive, Bank of America does
not offer nonfinancial products and services
through telephone solicitations. Direct
marketing offers from us may include
information about products and services we
believe may be of interest to you. If you
choose not to hear from us, you may not
learn about beneficial offers.If you elect not to receive direct marketing
offers by postal mail, telephone and/or
e-mail, please note that we may continue to
contact you as necessary to service your
account and for other nonmarketing
purposes. You may also be contacted from
your client relationship manager or assigned
account representative if applicable. Bank of
America may also continue to provide
marketing information in your regular
account mailings and statements, including
online and ATM communications.
Each customer may opt out of each direct
marketing option individually. Since
marketing programs may already be in
progress, it may take up to twelve weeks in
some situations for your opt out to be fully
effective. When you opt out of direct
marketing by postal mail or telephone, your
opt out will last for five (5) years. After that,
you may choose to renew your opt out for
another five year period.
6. Actions you can take
You can tell us your preferences by:
e Notifying us at
www.bankofamerica.com/privacy and
entering your information on a secure
Web site
e Calling us toll free at 1.888.341.5000
e Talking to a customer representative
at a banking center or to your client
relationship manager
When you contact us, please be prepared
to provide the following information for each
individual:
e First name, middle initial and last
name
e Address, city, state and ZIP code
e Account or reference number for third
party sharing opt-outs
e Telephone number (if applicable)
e E-mail address (if applicable)
10If any of these pieces of information
change, other than your account number,
please notify us to ensure that your
preferences are consistently honored.
Reducing direct marketing from other
companies
You may contact the following agencies if
you want to reduce the amount of
advertising you receive from companies
outside Bank of America:
CREDIT REPORTING INDUSTRY. TO
HAVE YOUR NAME TAKEN OFF ALL
PRE-APPROVED credit solicitations (not
just Bank of America solicitations), you
may call the credit reporting industry
Prescreening Opt-Out number at
1.888.50PTOUT (1.888.567.8688).
NATIONAL DO NOT CALL REGISTRY.
BANK OF AMERICA SUPPORTS THE
NATIONAL DO Not Call Registry. To have
your phone number added to the
National Do Not Call Registry, you may
call 1.888.382.1222 or register at
donotcall.gov. While this will stop most
calls, you may still receive calls from
businesses where you are a customer.
7. GUARDING YOUR OWN INFORMATION
Bank of America recommends that you
take the following precautions to guard
against the disclosure and unauthorized use
of your account and personal information:
e Review your monthly account
statements thoroughly and report any
suspicious activity to us immediately.
e Report lost or stolen checks, credit or
debit cards immediately.
e Do not preprint your driver's license or
Social Security number on checks.
"e Safeguard ATM, credit and debit
cards. Memorize PINs (personal
identification numbers) and refrain
from writing PINs, Social Security
numbers or credit card numbers where
they could be found.
¢ Tear up or shred any pre-approved
credit offers to which you do not
respond.
e Review your credit report at least once
every year. Make sure all information
is up to date and accurate, and have
information relating to fraudulent
transactions deleted. For a free copy
of your credit bureau report, contact
www.annualcreditreport.com or call
1.877.322.8228.
e If you think you have been a victim of
identity theft or fraud, contact one of
the three major credit bureaus to
place a fraud alert on your account.
You may also contact the Federal
Trade Commission (FTC) to report
any incidents of identity theft and to
receive additional guidance on steps
you can take to protect yourself. You
may contact the FTC at
www.consumer.gov/idtheft or
1.877.438.4338,
Keeping up to date with our Privacy
Policy
As required by law, Bank of America will
provide notice of our Privacy Policy
annually, as long as you maintain an
ongoing relationship with us. To receive the
most up-to-date Privacy Policy, you can visit
our Web site at:
www.bankofamerica.com/privacy or call
us at 1.888.341.5000.
We may make changes to this policy at
any time and will inform you of changes, as
required by law.
128. Bank of America companies
This Privacy Policy applies to the
following companies that have consumer
customer relationships with Bank of
America:
Banks and Trust Companies
Bank of America, N.A-.
Bank of America Trust Company of
Delaware, N.A.
MBNA America
Credit Card
Bank of America Consumer Card
Services, LLC.
Bank of America
Fleet Credit Card Services, L.P.
MBNA America
Brokerage and Investments
BACAP Alternative Advisors, Inc.
Bank of America Capital Advisors LLC
Banc of AmericaFinance Services, Inc.
Banc of America Investment Advisors,
Inc.
Banc of America Investment Services,
Inc.
Banc of America Securities LLC
Columbia Management Advisors, LLC
Columbia Management Distributors, Inc.
Columbia Wanger Asset Management,
LP.
Marsico Capital Management, LLC
White Ridge Investment Advisors LLC
Insurance and Annuities
BA Agency, Inc.
BA Insurance Services, Inc.
Banc of America Agency, LLC
Banc of America Agency of Nevada, Inc.
13Banc of America Agency of Texas, Inc.
Banc of America Insurance Services, Inc.,
dba Banc of America Insurance Agency
Banc of America Corporate Insurance
Agency, LLC
Bank of America Reinsurance
Corporation
General Fidelity Insurance Company
General Fidelity Life Insurance Company
IFIA Insurance Services, Inc., dba IFIA
Insurance Agency
NationsBanc Insurance Company, Inc.
Real Estate
HomeFocus Services, LLC
NationsCredit Financial Services
Corporation
Automobile Financing
Banc of America Auto Finance Corp.
For a current list of Bank of America
companies that have consumer customer
relationships and to which this policy applies,
please visit our Web site at
www.bankofamerica.com/privacy. This
policy applies to consumer customer
relationships established in the United
States and is effective January 1, 2007.
This notice constitutes the Bank of
America Do Not Call Policy under the
Telephone Consumer Protection Act for all
consumers and is pursuant to state law.
You may have other privacy protections
under state laws, such as Vermont and
California. To the extent these state laws
apply, we will comply with them with regard
to our information practices.
For Nevada residents only, Nevada law
requires that we also provide you with the
following contact information: Bureau of
Consumer Protection, Office of the Nevada
4Attomey General, 555 E. Washington St.,
Suite 3900, Las Vegas, NV 89101; Phone
number — 702.486.3132; e-mail:
BCPINFO@ag-state.nv.us. Bank of
America, PO Box 25118, FL1—300—02—07,
Tampa, Florida 33633— 0900.
For Vermont and California residents
only. The information-sharing practices
described above are in accordance with
federal law. Vermont and California law
place additional limits on sharing information
about Vermont and California residents so
long as they remain residents of those
states.
Vermont: In accordance with Vermont
law, Bank of America will not share
information we collect about Vermont
residents with companies outside of Bank of
America except as permitted by law, such as
with the consent of the customer, to service
the customer’s accounts or to other financial
institutions with which we have joint
marketing agreements. Bank of America will
not share Application Information, Consumer
Report Information and Information from
Outside Sources about Vermont residents
among the Bank of America companies
except with the authorization or consent of
the Vermont resident.
California: In accordance with California
law, Bank of America will not share
information we collect about California
residents with companies outside of Bank of
America except as permitted by law, such as
with the consent of the customer, to service
the customer's accounts, to fulfill on rewards
or benefits and otherwise as permitted. We
will limit sharing among our companies to
the extent required by applicable California
law.
15Estas normas estan disponibles en
espajiol a través de la sucursal bancaria
de su localidad.
©2006 Bank of America Corporation.
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.
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.
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 loan obtained:
1. at an automated teller machine ("ATM
Cash Advance");
162. by a transfer of funds initiated by us at
your request ("Balance Transfer");
. at any financial 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").
o
"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, Annual Percentage Rates.
“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,
7“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 transfers, person to person money
transfers, out-of-network bill payments
made through Bank of America’s online
bill payment service, bets, lottery tickets,
or casino gaming chips) from any seller
other than a financial institution;
make a transaction that is not otherwise a
Cash Advance.
o
“Purchase” includes Account Fees, as well as
Transaction Fees and adjustments associated
with any Purchase.
"We", "us", "our", and "FIACS" means 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.
18We use section headings (e.g., Words Used
Often in This Agreement) to organize this
Agreement. The headings are for reference
purposes only.
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 Transfers 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.
ANNUAL PERCENTAGE RATES.
Category A Balance Transfers and Check
Cash Advances :
Promotional Rate
The current corresponding ANNUAL
PERCENTAGE RATE for Category A balances is
a promotional 0.00%(0.00% DPR) in effect
through your statement Closing Date in February
2008.
This promotional period will end sooner if
there is a "promotion turn-off event." A promotion
turn-off event means: (1) that any Total Minimum
Payment Due is not received by its Payment Due
Date; or (2) that your total outstanding balance
exceeds your credit limit on any statement
Closing Date. If a promotion turn-off event
occurs, then this promotional period will end as
19of the first day of that billing cycle. This means
that this promotional APR will not be in effect in
that billing cycle.
Rate after the promotional period
When the promotional period ends, all new
and outstanding Category A balances will have a
variable rate, unless we increase the APR due to
Default Pricing (see below Default Pricing). The
variable APR will be calculated using the variable
APR formula (see below Variable Rate
Information) with a margin of 9.99 percentage
points; this currently results in a
18.24%corresponding ANNUAL PERCENTAGE
RATE (0.049972% DPR),
Default Pricing: The Default Rate for
Category A balances is up to 29.99%
corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category A
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category A promotional
period has ended (see above Promotional Rates).
Default Pricing does not use the variable APR
formula.
Category B ATM Cash Advances and
Bank Cash Advances:
The current APR for Category B balances is a
variable rate. This variable APR is calculated
using the variable APR formula (see below
Variable Rate Information) with a margin of 15.99
percentage points; this currently results in a
24.24%corresponding ANNUAL PERCENTAGE
RATE (0.066410% DPR). The APR will change if
we increase the APR due to Default Pricing (see
below Default Pricing).
Default Pricing: The Default Rate for
Category B balances is up to 29.99%
corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category B
balances up to the Default Rate, without giving
20you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category B promotional
period has ended. Default Pricing does not use
the variable APR formula.
Category C Purchases:
Promotional Rate
The current corresponding ANNUAL
PERCENTAGE RATE for Category C balances is
a promotional 0.00%(0.00% DPR) in effect
through your statement Closing Date in February
2008.
This promotional period will end sooner if
there is a "promotion turn-off event." A promotion
turn-off event means: (1) that any Total Minimum
Payment Due is not received by its Payment Due
Date; or (2) that your total outstanding balance
exceeds your credit limit on any statement
Closing Date. If a promotion turn-off event
occurs, then this promotional period will end as
of the first day of that billing cycle. This means
that this promotional APR will not be in effect in
that billing cycle.
Rate after the promotional period
When the promotional period ends, all new
and outstanding Category C balances will have a
variable rate, unless we increase the APR due to
Default Pricing (see below Default Pricing). The
variable APR will be calculated using the variable
APR formula (see below Variable Rate
Information) with a margin of 9.99 percentage
points; this currently results in a
18.24%corresponding ANNUAL PERCENTAGE
RATE (0.049972% DPR).
Default Pricing: The Default Rate for
Category C balances is up to 29.99%
corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category C
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
abalance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category C promotional
period has ended (see above Promotional Rates).
Default Pricing does not use the variable APR
formula.
Category D Other Balances:
The current APR for Category D balances is a
variable rate. This variable APR is calculated
using the variable APR formula (see below
Variable Rate Information) with a margin of 9.99
percentage points; this currently results in a
18.24%corresponding ANNUAL PERCENTAGE
RATE (0.049972% DPR). The APR will change if
we increase the APR due to Default Pricing (see
below Default Pricing)
Default Pricing: The Default Rate for
Category D balances is up to 29.99%
corresponding ANNUAL PERCENTAGE RATE
(0.082164% DPR). We may increase the APR on
all new and outstanding Category D balances up
to the Default Rate, without giving you additional
notice, each time: (1) we do not receive the Total
Minimum Payment Due by its Payment Due
Date; or (2) your total outstanding balance
exceeds your credit limit on any statement
Closing Date. Each such increase will be
effective as of the first day of that billing cycle,
but after any applicable Category D promotional
period has ended. Default Pricing does not use
the variable APR formula.
VARIABLE RATE INFORMATION
The variable APR formula is calculated by
adding together an index and a margin. The
index is the highest U.S. Prime Rate as
published in the "Money Rates" section of The
Wall Street Journal on the last publication day of
each month. The index used to calculate the
variable rates in this Agreement is 8.25% and
was published on July 31, 2007. The margin for
each balance category is described above in the
Annual Percentage Rates section.
An increase or decrease in the index will
cause a corresponding increase or decrease in
your APRs on the first day of your billing cycle
22that begins in the same month in which the index
is published. For example, if your billing cycle
generally begins in the middle of the month, the
index published on September 30th will apply to
your account for the entire billing cycle from
mid-September to mid-October. An increase in
the index means that you will pay higher periodic
rate finance charges and have a higher Total
Minimum Payment Due.
If The Wall Street Journal does not publish the
U. S. Prime Rate, or if it changes the definition of
the U.S. Prime Rate, we may, in our sole
discretion, substitute another index.
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.
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.
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.
23Unless 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 transaction 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.
GRACE PERIOD
You do not have a Grace Period for Category
A or Category B Cash Advances. You will have a
Grace Period on new Category C Purchases and
new Category D Other Balances, in a billing cycle
in which you Pay in Full, from the day after the
Pay in Full date until the end of that billing cycle.
You will have a Grace Period for an entire billing
cycle on new Category C Purchases and new
Category D Other Balances and on Category C
and Category D balances remaining from
previous billing cycles if you Pay in Full by the
Payment Due Date in that billing cycle and if
during the previous billing cycle you Paid in Full.
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
ozSubject 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 billing 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):
We calculate separate Balances Subject to
Finance Charge for Category C balances and
Category D 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) adding all the daily balances together; and (3)
dividing the sum of the daily balances by the
number of days in the current billing cycle.
25To calculate the daily balance for each day in
the current billing 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, unless subject to a
Grace Period, new transactions, new Account
Fees, and new Transaction Fees, and subtract
applicable payments and credits. If any daily
balance is less than zero we treat it as zero. If in
the current billing cycle you Pay in Full, then on
the day after that Pay in Full date, we exclude
from the beginning balance new transactions,
new Account Fees, and new Transaction Fees
which posted on or before the Pay in Full date.
We include the costs for credit card debt
cancellation or credit insurance purchased
through us in calculating the beginning balance
for the first day of the billing cycle after the billing
cycle in which such costs are billed.
TRANSACTION FEE FINANCE CHARGES
If you obtain an ATM Cash Advance, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00).
If you obtain a Balance Transfer, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00; Max.
$75.00).
If you obtain a Bank Cash Advance (other
than through an overdraft transaction), we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00). This fee
is not assessed for a Bank Cash Advance
resulting from any payment you make to us that
is returned to us unpaid for any reason.
If you have enrolled this account to provide
overdraft protection, we will assess a transaction
fee (FINANCE CHARGE) equal to 3.00% of the
U.S. dollar amount of each such overdraft
transaction that posts to this account (Fee: Min.
$10.00)
26If you use your card to purchase Cash
Equivalents, we will assess a transaction fee
(FINANCE CHARGE) equal to 3.00% of the U.S.
dollar amount of each such Cash Equivalent
(Fee: Min. $10.00). This fee does not apply to
out-of-network bill payments made through Bank
of America's online bill payment service.
If you obtain a Check Cash Advance, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00; Max.
$75.00).
If you make a Foreign Transaction, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Foreign Transaction. This is in addition to
any other applicable transaction fees.
ACCOUNT FEES
The following fees are assessed as Purchases
in the billing cycle in which the fees accrue:
There is no Annual Fee.
An Overlimit Fee in each billing cycle when
your total outstanding balance exceeds your
credit limit. The Overlimit Fee will be assessed
even if fees or finance charges assessed by us
cause your total outstanding balance to exceed
your credit limit. The Overlimit Fee will be
assessed as of the first day in the billing cycle
that your total outstanding balance was over your
credit limit. No more than one Overlimit Fee will
be charged in each billing cycle.
If your Previous Balance exceeds your credit
limit at the beginning of a billing cycle, you will
have an opportunity to avoid an Overlimit Fee in
that billing cycle. To avoid an Overlimit Fee in
that billing cycle, your total outstanding balance
must be less than or equal to your credit limit on
the 20th day of the billing cycle and must remain
below the credit limit for the rest of that billing
cycle. If your total outstanding balance exceeds
your credit limit on the 20th day of that billing
cycle you will be assessed an Overlimit Fee as of
athe 20th day. If your total outstanding balance is
less than your credit limit on the 20th day of that
billing cycle but exceeds your credit limit on any
day after the 20th day, you will be assessed an
Overlimit Fee as of the first day after the 20th
day in which your total outstanding balance
exceeds your credit limit.
The amount of the Overlimit Fee is based on
the amount of your total outstanding balance on
the date as of which the Overlimit Fee is
assessed and is as follows:
e if the total outstanding balance is
$500.00 or less, the Overlimit Fee will be
$15.00;
e if the total outstanding balance is greater
than $500.00 but $1,000.00 or less, the
Overlimit Fee will be $29.00;
e if the total outstanding balance is greater
than $1,000.00, the Overlimit Fee will be
$39.00.
A Late Fee, if the Total Minimum Payment
Due shown on your monthly statement is not
received by us on or before its Payment Due
Date. On the Late Fee transaction date:
if the total outstanding balance is
$100.00 or less, the Late Fee will be
$15.00;
if the total outstanding balance is greater
than $100.00 but $250.00 or less, the
Late Fee will be $29.00;
e if the total outstanding balance is greater
than $250.00, the Late Fee will be
$39.00.
A Returned Payment Fee of $39.00 if a
payment on your account is returned for
insufficient funds or for any other reason, even if
it is paid upon subsequent presentment (if we
elect to re-present the payment).
A Returned Check Cash Advance Fee of
$39.00 if we return an access check unpaid for
any reason, even if the access check is paid
upon subsequent presentment.
2BA Copy Fee of $5.00 for each copy of a
monthly statement or sales draft, except that the
six most recent monthly statements and one
sales drafts will be provided for free.
An Abandoned Property Fee equal to any
costs incurred by us for complying with state
abandoned property laws, unless prohibited by
applicabl
Preview
Case Number: COWE-16-017900 Division: 80 Filing # 50341575 E-Filed 12/20/2016 04:14:20 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: Bank of America, N.A., Plaintiff, COMPLAINT FOR DAMAGES vs. ATTORNEY BAR NO: 0597708 SHARI A AZOUZ, Defendant. / Plaintiff Bank of America, N.A. complains of Defendant, SHARI A AZOUZ, and would respectfully show the following: JURISDICTION 1. This is an action for damages that are within the jurisdictional limits of this court exclusive of costs. SERVICE 2. Defendant may be served at the address listed on the court summons. VENUE 3. Venue of this action is proper in the county named above because the Defendant is a resident of this county. FACTS 4, Plaintiff is a national banking association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina. 5. Bank of America, N.A. (“BANA”) is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/20/2016 4:14:18 PM.****as MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 6. Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the “Account”). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement (“Agreement”) governing use of the Account with Plaintiff. 7. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 8. The current Account balance is $6,490.17, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. 9. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Attached hereto and incorporated herein as Exhibit “A” is a copy of the last periodic statement provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. FIRST CAUSE OF ACTION - BREACH OF CONTRACT Plaintiff realleges paragraphs 1 - 9 as though fully stated herein. 10. The issuance of a credit account constitutes the offer of a contract. See, e.g., Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App. 1989). Use of a credit account constitutes acceptance of the terms of the cardmember agreement. See, e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan, 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance ofthe credit account constitutes an offer of credit, and the use of the credit account constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). 11. By using and/or authorizing the use of the credit account Defendant accepted the contract with Plaintiff and became bound to pay for all charges incurred with the credit account. Defendant also became subject to all of the terms and conditions of the cardholder agreement. 12. Defendant defaulted in the payment obligation on the credit account. Such breach of contract proximately caused the Plaintiff damages in the amount of the balance due on the credit account. 13. Defendant is presently indebted to Plaintiff in the amount of $6,490.17. Plaintiff seeks judgment for such sum and court costs. SECOND CAUSE OF ACTION —- UNJUST ENRICHMENT Plaintiff realleges paragraphs 1 - 5 as though fully stated herein. 14. In the alternative, and without waiving the foregoing, the Plaintiff conferred a benefit on the Defendant by providing a credit account pursuant to the Defendant’s request. 15. The Defendant received and used (or authorized the use of) the credit account knowing that the Plaintiff expected to be repaid for all charges incurred. 16. With each use of the credit account the Plaintiff paid money on Defendant's behalf to the merchant(s) with whom the credit account was used. It would be inequitable for the Defendant to retain the benefit without paying the value thereof. 17. The Plaintiff has no adequate remedy at law. 18. Plaintiff is entitled to recover from Defendant the sum of $6,490.17. Plaintiff seeks judgment for such sum and court costs.THIRD CAUSE OF ACTION —- ACCOUNT STATED Plaintiff realleges paragraphs 1 - 9 as though fully stated herein. 19. In the alternative, and without waiving the foregoing, Plaintiff asserts that Defendant’s use of the credit account to purchase goods and services represented a periodic account, for which Plaintiff generated regular monthly statements. 20. By submitting the payments in response to the statement generated and provided by Plaintiff, the Defendant has accepted the resulting balance. 21. There are no unresolved billing disputes made in response to receiving the account statements and, therefore, Defendant has agreed to the resulting balance. 22. Defendant is liable to Plaintiff for the account balance of $6,490.17. Plaintiff seeks judgment for such sum and court costs. CONDITIONS PRECEDENT 23. Through its undersigned attorney, Plaintiff has demanded payment from Defendant, but Defendant has not satisfied such demand. Plaintiff has performed all conditions precedent to the filing of this action, or all such conditions precedent have occurred. WHEREFORE, premises considered, Plaintiff prays that Defendant be summoned to appear, and that upon entry of default or final hearing, Plaintiff have judgment against Defendant for: a. $6,490.17, which is the balance due on the credit account; and b. all costs of court.Respectfully submitted, ANDREU, PALMA, LAVIN & SOLIS, PLLC Attorneys for Plaintiff 1000 NW 57" Ct., Ste. 400 Miami, FL 33126 Tel. (305) 631-0175 Fax. (305) 631-1816 laff L. Palma Jofge L. Palma, Esq. FBN 0597708 E-mails: pleadings | @andreupalma.com;jpalma@andreupalma.com 16-26167Platinum Plus The new standard SHARI A HELLER CREDIT CARD AGREEMENT CONTENTS (Selected Sections) m= BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 m YOUR CONTRACT WITH US m WORDS USED OFTEN IN THIS. AGREEMENT m ANNUAL PERCENTAGE RATES m= ACCOUNT FEES m= HOW TO USE YOUR ACCOUNT m= PAYMENTS ON YOUR ACCOUNT m WE MAY AMEND THIS AGREEMENT m UNAUTHORIZED USE OF YOUR CARD m ARBITRATION AND LITIGATION m= YOUR BILLING RIGHTS 16 16 19 27 30 33 37 a“ mn 44eG Ne SS BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 Trust. Respect. Integrity. Our privacy commitment to you To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. We are committed to respecting and protecting our customers’ privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law* and applies to our companies identified in Section 8: Bank of America Companies. 415 U.S.C 680168101. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs, and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies you such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage, and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history.E. Information from Outside Sources -information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Managing Information We manage how and when information is shared: e Within Bank of America « With companies that work for us e With third parties In other situations Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers such as our brokerage company and credit card company, and nonfinancial companies such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen.We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions, to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers such as payment processing companies, and nonfinancial companies such as check printing and data processing companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services, or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well.Sharing information with third parties for customers with credit cards and Sponsored Accounts only We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not, may be shared with third parties; and 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements, applications and online forms. We may share information about credit cards and Sponsored Accounts with selected third parties including: e Financial services companies (such as insurance agencies or companies and mortgage brokers, and organizations with whom we have agreements to jointly market financial products); e Nonfinancial companies (such as retailers, travel companies and membership organizations); and « Other companies (such as nonprofit organizations).Information shared, as described in this section, is limited to credit card and Sponsored Account information only. You may elect to opt out of this sharing. Please see Section 5, Honoring Your Preferences. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with a subpoena or similar legal process, fraud prevention or investigation, tisk management and security, and recording of deeds of trust and mortgages in public records. Customer Information may also be disclosed to companies that process your requests for products or services or in connection with the sale of your account to another financial institution. We also may share any of the categories of Customer Information outside Bank of America companies when we have your consent, such as when you request a specific insurance rate quote from a third-party insurer. 4. Making sure information is accurate Keeping your account information accurate and up to date is very important. You have access to your account information, which includes your contact information, account balances and transactions and similar information, which we provide to you through various means, such as account statements, telephone banking, Online Banking and in response to specific requests. If your account information is incomplete, inaccurate or not current, please call or write to us at the telephone number or appropriate address for such changes listed on your account statement, Tbank records or other account materials. We will promptly update or correct any erroneous information. 5. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Options for sharing with third parties for customers with credit cards and Sponsored Accounts only If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. If you request that we not share information with third parties, we may still share information: e where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; and e with our service providers as discussed in Section 3 under Managing information with companies that work for us; and with other financial companies with whom we have joint marketing agreements, If you do not have a credit card or Sponsored Account, this section does not apply to you. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, we apply that preference to the entire account. California residents — see additional information at the end of this: policy.Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. Information is shared among Bank of America companies to complete applications for new products or services that you request, thereby saving you time, and to manage our business and risks. During the normal course of doing business, we will continue to share Identification Information, Transaction and Experience Information, as well as Other General Information among our companies. Vermont residents — see additional information at the end of this policy. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you choose not to hear from us, you may not learn about beneficial offers.If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted from your client relationship manager or assigned account representative if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to twelve weeks in some situations for your opt out to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt out will last for five (5) years. After that, you may choose to renew your opt out for another five year period. 6. Actions you can take You can tell us your preferences by: e Notifying us at www.bankofamerica.com/privacy and entering your information on a secure Web site e Calling us toll free at 1.888.341.5000 e Talking to a customer representative at a banking center or to your client relationship manager When you contact us, please be prepared to provide the following information for each individual: e First name, middle initial and last name e Address, city, state and ZIP code e Account or reference number for third party sharing opt-outs e Telephone number (if applicable) e E-mail address (if applicable) 10If any of these pieces of information change, other than your account number, please notify us to ensure that your preferences are consistently honored. Reducing direct marketing from other companies You may contact the following agencies if you want to reduce the amount of advertising you receive from companies outside Bank of America: CREDIT REPORTING INDUSTRY. TO HAVE YOUR NAME TAKEN OFF ALL PRE-APPROVED credit solicitations (not just Bank of America solicitations), you may call the credit reporting industry Prescreening Opt-Out number at 1.888.50PTOUT (1.888.567.8688). NATIONAL DO NOT CALL REGISTRY. BANK OF AMERICA SUPPORTS THE NATIONAL DO Not Call Registry. To have your phone number added to the National Do Not Call Registry, you may call 1.888.382.1222 or register at donotcall.gov. While this will stop most calls, you may still receive calls from businesses where you are a customer. 7. GUARDING YOUR OWN INFORMATION Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: e Review your monthly account statements thoroughly and report any suspicious activity to us immediately. e Report lost or stolen checks, credit or debit cards immediately. e Do not preprint your driver's license or Social Security number on checks. "e Safeguard ATM, credit and debit cards. Memorize PINs (personal identification numbers) and refrain from writing PINs, Social Security numbers or credit card numbers where they could be found. ¢ Tear up or shred any pre-approved credit offers to which you do not respond. e Review your credit report at least once every year. Make sure all information is up to date and accurate, and have information relating to fraudulent transactions deleted. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. e If you think you have been a victim of identity theft or fraud, contact one of the three major credit bureaus to place a fraud alert on your account. You may also contact the Federal Trade Commission (FTC) to report any incidents of identity theft and to receive additional guidance on steps you can take to protect yourself. You may contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338, Keeping up to date with our Privacy Policy As required by law, Bank of America will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us. To receive the most up-to-date Privacy Policy, you can visit our Web site at: www.bankofamerica.com/privacy or call us at 1.888.341.5000. We may make changes to this policy at any time and will inform you of changes, as required by law. 128. Bank of America companies This Privacy Policy applies to the following companies that have consumer customer relationships with Bank of America: Banks and Trust Companies Bank of America, N.A-. Bank of America Trust Company of Delaware, N.A. MBNA America Credit Card Bank of America Consumer Card Services, LLC. Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of AmericaFinance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, LP. Marsico Capital Management, LLC White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. 13Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC Bank of America Reinsurance Corporation General Fidelity Insurance Company General Fidelity Life Insurance Company IFIA Insurance Services, Inc., dba IFIA Insurance Agency NationsBanc Insurance Company, Inc. Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation Automobile Financing Banc of America Auto Finance Corp. For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at www.bankofamerica.com/privacy. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2007. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only, Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada 4Attomey General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number — 702.486.3132; e-mail: BCPINFO@ag-state.nv.us. Bank of America, PO Box 25118, FL1—300—02—07, Tampa, Florida 33633— 0900. For Vermont and California residents only. The information-sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer’s accounts or to other financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts, to fulfill on rewards or benefits and otherwise as permitted. We will limit sharing among our companies to the extent required by applicable California law. 15Estas normas estan disponibles en espajiol a través de la sucursal bancaria de su localidad. ©2006 Bank of America Corporation. 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. 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. 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 loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 162. by a transfer of funds initiated by us at your request ("Balance Transfer"); . at any financial 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"). o "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, Annual Percentage Rates. “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, 7“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 transfers, person to person money transfers, out-of-network bill payments made through Bank of America’s online bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; make a transaction that is not otherwise a Cash Advance. o “Purchase” includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We", "us", "our", and "FIACS" means 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. 18We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. 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 Transfers 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. ANNUAL PERCENTAGE RATES. Category A Balance Transfers and Check Cash Advances : Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in February 2008. This promotional period will end sooner if there is a "promotion turn-off event." A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs, then this promotional period will end as 19of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, all new and outstanding Category A balances will have a variable rate, unless we increase the APR due to Default Pricing (see below Default Pricing). The variable APR will be calculated using the variable APR formula (see below Variable Rate Information) with a margin of 9.99 percentage points; this currently results in a 18.24%corresponding ANNUAL PERCENTAGE RATE (0.049972% DPR), Default Pricing: The Default Rate for Category A balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category A balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above Promotional Rates). Default Pricing does not use the variable APR formula. Category B ATM Cash Advances and Bank Cash Advances: The current APR for Category B balances is a variable rate. This variable APR is calculated using the variable APR formula (see below Variable Rate Information) with a margin of 15.99 percentage points; this currently results in a 24.24%corresponding ANNUAL PERCENTAGE RATE (0.066410% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category B balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category B balances up to the Default Rate, without giving 20you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended. Default Pricing does not use the variable APR formula. Category C Purchases: Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is a promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in February 2008. This promotional period will end sooner if there is a "promotion turn-off event." A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs, then this promotional period will end as of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, all new and outstanding Category C balances will have a variable rate, unless we increase the APR due to Default Pricing (see below Default Pricing). The variable APR will be calculated using the variable APR formula (see below Variable Rate Information) with a margin of 9.99 percentage points; this currently results in a 18.24%corresponding ANNUAL PERCENTAGE RATE (0.049972% DPR). Default Pricing: The Default Rate for Category C balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding abalance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended (see above Promotional Rates). Default Pricing does not use the variable APR formula. Category D Other Balances: The current APR for Category D balances is a variable rate. This variable APR is calculated using the variable APR formula (see below Variable Rate Information) with a margin of 9.99 percentage points; this currently results in a 18.24%corresponding ANNUAL PERCENTAGE RATE (0.049972% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing) Default Pricing: The Default Rate for Category D balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE (0.082164% DPR). We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. Default Pricing does not use the variable APR formula. VARIABLE RATE INFORMATION The variable APR formula is calculated by adding together an index and a margin. The index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. The index used to calculate the variable rates in this Agreement is 8.25% and was published on July 31, 2007. The margin for each balance category is described above in the Annual Percentage Rates section. An increase or decrease in the index will cause a corresponding increase or decrease in your APRs on the first day of your billing cycle 22that begins in the same month in which the index is published. For example, if your billing cycle generally begins in the middle of the month, the index published on September 30th will apply to your account for the entire billing cycle from mid-September to mid-October. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. 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. 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. 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. 23Unless 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 transaction 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. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. 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 ozSubject 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 billing 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): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D 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) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. 25To calculate the daily balance for each day in the current billing 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, unless subject to a Grace Period, new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00; Max. $75.00). If you obtain a Bank Cash Advance (other than through an overdraft transaction), we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you have enrolled this account to provide overdraft protection, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such overdraft transaction that posts to this account (Fee: Min. $10.00) 26If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00). This fee does not apply to out-of-network bill payments made through Bank of America's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00; Max. $75.00). If you make a Foreign Transaction, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. ACCOUNT FEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee. An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of athe 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: e if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15.00; e if the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Overlimit Fee will be $29.00; e if the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be $29.00; e if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. 2BA Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicabl