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Case Number: CONO-15-009530 Division: 72
Filing # 35180425 E-Filed 12/04/2015 03:15:45 PM
IN THE COUNTY COURT
IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.
DIVISION:
DISCOVER BANK,
Plaintiff,
Vs.
MIREILLE JEROME
Defendant(s)
COMPLAINT
The Plaintiff, DISCOVER BANK, (hereinafter “Plaintiff’) sues the Defendant(s),
MIREILLE JEROME (hereinafter “Defendant(s)”) and says:
1. Plaintiff is a FDIC-insured Delaware State Bank.
2. That this is an action for damages that does not exceed. $15,000.00, exclusive of
interest and court costs.
COUNT I - BREACH OF CONTRACT
3. This action is based upon a Credit Account Agreement entered into by the
Defendant(s) with the Plaintiff.
4. The Defendant(s) used or authorized the use of the Account to incur charges, or
receive cash advances, or kept the Account open for future use, and by such action assumed the
obligations of the terms and conditions of the Account. (A record of the governing terms and
conditions of the Credit Account Agreement are attached and incorporated as Exhibit A).
5. The Defendant(s) subsequently defaulted on the terms and conditions of the Account
and the Plaintiff accelerated the full balance due and owing on the Account.
6. The Defendant(s) owes the Plaintiff $6,944.71.
7. Plaintiff has performed all conditions precedent to bringing this action, or the same
have been waived by the Defendant(s).
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/4/2015 3:15:44 PM.****WHEREFORE, Plaintiff demands judgment for damages plus costs against Defendant.
COUNT II- ACCOUNT STATED
8. Plaintiff hereby re-states and re-alleges herein the allegations contained in Paragraph
One (1) and Two (2).
9. Before the institution of this action, Plaintiff and Defendant(s) had business
transactions between them and they agreed to the resulting balance.
10. Plaintiff rendered to Defendant(s) an account statement.
11. A record of the account statement is attached. See Exhibit B.
12. Plaintiff has performed all conditions precedent to bring this action or the same have
been waived by the Defendant(s).
13. Defendant owes Plaintiff $6,944.71.
A Law Firm Engaged in Debt Collection
ATTORNEY FOR PLAINTIFF
700 W. HILLSBORO BLVD.
BUILDING 2; SUITE 201
DEERFIELD BEACH, FL 33441
Phone: (954)481-0851
Fax: (954)481-0854
Email: SOUTHFLALITIGATION@ZWICKERPC.COM11DCMO_02BOK_TL23HO211_00083.indd 1-2
DISCOVER
YOUR DISCOVER’ ACCOUNT
CARDMEMBER AGREEMENT ..........-.--++ Pages 1-16
The terms and conditions of your Account, including
how we calculate Interest Charges, our fees and an
Arbitration of Disputes section. You have the right to
reject the arbitration provision with respect to your
new Account within 30 days after receiving your Card,
as explained in the “Right to Reject Arbitration”
section at page 13.
BILLING RIGHTS..... ...Pages 14-16
Important information about your rights and our
responsibilities under the Fair Credit Billing Act.
DESCRIPTION OF COVERAGE.............-+ Pages 16-24
The terms and conditions of the Scheduled Air Travel
Accident Insurance and the Secondary Rental Car
Collision Coverage that is provided at no charge to
you when you use your Card to purchase airline
tickets or rent an automobile,
GLOBAL TRAVELER'S HOTLINE. «Pages 25
The terms and conditions of this free travel assistance
benefit.
©2011 Discover Bank, Member FDIC TL23H.0211
1AM 9:52 AM
EXHIBIT ACARDMEMBER AGREEMENT
Please read this Agreement carefully before using your Discover® Card
Account. It contains the terms and conditions of your Account, some of
which may have changed from earlier materials provided to you. In the
event of any differences, this Agreement shall control. We respect your
privacy. See the Privacy section on page 10 and our Privacy Policy for
additional information. The Arbitration of Disputes section on page 12
indudes a waiver of a number of rights, including tthe right to a jury trial.
‘The Right to Reject Arbitration section on page 13 describes the procedure
Yyou must follow if you desire to reject the Arbitration of Disputes section,
DEFINITIONS...
Prohibited Uses of Your Account «
Purchases and Cash Advances in Foreign Currencies
Cash Advances.
Credit Authorizations .
Authorized Users.
Unauthorized Use.
‘Your Credit Lines.
CHANGES TO THIS AGREEMENT.
MAKING PAYMENTS.
Promise to Pay.
Monthly Billing Statement.
Monthly Payment Options.
‘Automatic Billing Arrangements
How We Apply Payments.
‘Minimum Monthly Paymer
Skip-A-Payment Offers
Credit Balances
Pay-By-Phone.
INTEREST CHARGE!
How We Calculate Interest Charge
Balance Subject to Interest Rate
Paying interest ....
Annual Percentage Rates.
Variable Interest Rates .
Balance Transfer Fee
Foreign Currency Fee
Minimum Interest Charge
Annual Fee
Late Fee .
Returned
Returned Discover Card
Resea
11DCMO_02BOK_TL23H0211_00083.indd 3-4 Nt 9:52 AMTypes of Default...
Consequences of Defautt.
Cancellation........
PRIVACY AND OUR COMMUNICATIONS WITH YOU .
ur Privacy Policy...
Reporting to Credit Reporting Agencies
Our Communications with You, ...
Releasing Information About Your Account
Electronic Notices to You...
Compliance with Interest Rate Limitations .
Governing Law .....
‘ASSIGNMENT OF ACCOUNT.
DEFINITIONS:
“Account” means your Discover Card Account.
APR" means an annual percentage rate,
“Authorized User” means any person whom you authorize to use your
Account or a Card, whether you notify us or not.
“Card” means any one or more Discover Cards issued to you or someone
else with your authorization.
“Pricing Schedule” means the document accompanying your Card and
listing the APRs that apply to your Account and other important
information. The Pricing Schedule is part of this Agreement.
Se “us” and “our” refer to Discover Bank, the issuer of your Discover
Card.
"You," “your” or “yours” refer to, in addition to you, the Cardmember, any
other person or persons who are also contractually liable under’ this
Agreement,
USING YOUR ACCOUNT
Your Acceptance of this Agreement. The use of your Account or a Card by
you or an Authorized User, or your failure to cancel your Account within 30
days after receiving a Card, means you accept this Agreement, including the
Arbitration of Disputes section on page 12. You may, however, reject the
Arbitration of Disputes section as explained on page 13.
Permitted Uses of Your Account. Your Account may be used for:
* Purchases - to purchase or lease goods or services from participating
merchants by presenting your Card or Account number or by using
promotional checks, which we may furnish to you, in accordance with
such additional terms and conditions as we may offer from time to time.
* Cash Advances - to obtain cash advances from participating automated
teller machines, financial institutions or other locations, the purchase of
lottery tickets, racetrack wagers, vouchers redeemable for cash or for
casino chips, money orders, travelers checks, savings bonds, foreign
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11DCMO_02BOK_TL23H0211_00083.ind¢ 5-6
currency and wire transfers, or by means of checks which we may furnish
‘to you, all in accordance with such additional terms and conditions as we
may offer from time to time.
* Balance Transfers - to transfer balances from other creditors or to make
other transactions by means of balance transfer coupons or checks, in
accordance with such additional terms and conditions as we may offer
from time to time,
In addition, your Account may be used to guarantee reservations at
participating establishments. You will be liable for guaranteed reservations
‘that are not cancelled prior to the time specified by the establishment. Your
‘Account may be used for personal, family, household and charitable
purposes.
Prohibited Uses of Your Account. Your Account may not be used to obtain
loans to purchase, carry or trade in securities, to pay any amount you owe
under this Agreement or for any transactions that are unlawful where you
reside or where you are physically located when you use the Account to
initiate the transaction (“Prohibited Transactions”).
Purchases and Cash Advances in Foreign Currencies. Ifyou make a purchase
or cash advance in a foreign currency, it will be converted to US. dollars
using either a govemment-mandated rate, a government published rate or
‘the interbank exchange rate, depending on the country and currency in
which the transaction is made. The rate used will be the rate in effect on
‘the conversion date for the transaction, which may be different than the
Transaction Date as shown on your statement. We charge a Foreign
Currency Fee for each purchase made in a foreign currency as described in
‘the Foreign Currency Fee section on page 8,
Cash Advances. We may periodically offer you promotional rates on cash
advances for the time period specified in the offer, subject to the Penal
‘APR section, The offer may contain a Cash Advance Fee for each cas!
advance.
Balance Transfers, In our discretion, we may periodically offer you the
opportunity to make balance transfers from other creditors or to make
other transactions to your Account by means of balance transfer coupons
or checks, The standard purchase rate applies to balance transfers.
However, we may periodically offer you promotional rates on balance
transfers for the time period specified in the offer, subject to the Penalty
APR section, Each offer will contain an expiration date. If you attempt to
transfer balances by means of a after the expiration date, we will
treat the transaction as a cash advance. We will not make balance transfers
attempted by means of a coupon after the expiration date. We may charge
a Balance Transfer Fee as indicated in the Balance Transfer Fee section.
Credit Authorizations, Certain transactions will require our authorization
prior to completion. In some cases, you may be asked to provide
identification. We have the right not to authorize a transaction for security
or other reasons. Also, if our authorization system is not working, we may
not be able to authorize a transaction. We will not be liable to you if any
of these events happen.
Authorized Users. If you want to cancel the authority of a current
‘Authorized User to use your Account or a Card, you must notify us and
‘any Card in that person's possession. You can notify us by
telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO
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NWT 9:52 AMBox 30943, Salt Lake City, UT 84130-0943. None of your rights under this
Agreement (other than to pay amounts owed) may be exercised by any
person not a party to this Agreement acting pursuant to a power of
attomey, without our separate written agreement (which we are not
obligated to give).
Unauthorized Use. Prior to its use, each Card must be signed by the person
‘to whom it is issued. Ifa Card is lost or stolen, or if you think that someone
is using your Account or a Card without your permission, notify
us immediately. You can notify us by telephoning 1-800-DISCOVER
(1-800-347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT
84130-0943, You agree to assist us in determining the facts relating to any
‘theft or possible unauthorized use of your Account or a Card and to comply
with such procedures as we may require in connection with our
investigation.
Your Credit Lines. We will advise you of your Account credit line. We may
impose a lower line that will apply to cash advances, referred to as the cash
advance credit line, We may also impose a lower line that will apply to
balance transfers, referred to as the balance transfer credit line. You agree
not to allow your unpaid balance, including Interest Charges and fees, to
exceed your Account credit line. If you exceed your Account credit line, we
may request immediate payment of the amount by which you exceed your
Account credit line.
‘We may increase or decrease your Account credit line, your cash advance
credit line or your balance transfer credit line without notice. The credit
available for your use may, from time to time, be less than your Account
credit line. For purposes of determining your available credit, we reserve
the right to postpone for up to 15 business days reducing your unpaid
balances by the amount of any payment that we receive. Your available
credit will not be increased by the amount of any credit balance,
CHANGES TO THIS AGREEMENT
From time to tne, we may to the extent permited ty lw, change any
‘term of this Agreement, including, but not limited to, any interest rate, fee
or method of computing any balance upon which the interest rate is
assessed, or add or delete any term to this Agreement. We will give you
notice of the change in the time and manner required by law, which
includes 45-days advance written notice in some circumstances. In
addition, to the extent required by law, we will offer you the opportunity
to rjc a change, For example, law requires, with certain exceptions, that
we offer you the opportunity to reject an increase in a late fee or the
elimination of a grace period prior to the date of the change. If
you reject a change in accordance with the instructions in the notice
provided, we will close your Account and you will no longer be able to use
it for further transactions. You can then pay the remaining balance under
the unchanged term. We may also change any term of any product, service
or benefit offered in connection with your Account. We will notify you as.
required by law or by the terms of the product, service or benefit,
MAKING PAYMENTS
Promise to Pay. You agree to pay us in US. dollars forall purchases, cash
advances and balance transfers including applicable interest Charges and
other charges or fees, incurred by you or anyone you authorize or permit
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11DCMO_02BOK_TL23H0211_00083.indd. 7-8
‘to use your Account or a Card, even if you do not notify us that others are
using your Account or a Card. If you pay us in other than US. dollars, we
may refuse to accept the payment or charge your Account our cost to
convert your payment to U.S. dollars. All checks must be drawn on funds on,
deposit in the U.S. You may not use a cash advance check, balance transfer
check or coupon, or any other promotional check drawn on any Discover
Bank credit card account to make payments on your Account. If your
Account is a joint Account, each of you agrees to be liable individually and
jointly for the entire amount owed on your Account. We can accept late
payments or partial payments or checks and money orders marked
“payment in full” or with any other restrictive endorsement without losing
any of our rights under this Agreement.
Monthly Billing Statement, We will send you a billing statement after each
monthly billing period in which you have a debit or credit balance, unless
‘we waive our right to do so as permitted by law. The billing statement will
show the purchases, cash advances, balance transfers, Interest Charges and
other charges or fees and the payments or other credits posted to your
Account during the billing period. it will show your New Balance, Payment,
Due Date and Minimum Payment Due as of the end of the billing period. If
your prior month's payment is returned unpaid, your required Minimum
Payment Due may be higher than shown on your bling statement. See the
Minimum Monthly Payment section on page 5.
Monthly Payment Options, You may at any time pay the entire New
Balance shown on your billing statement, but each month you must pay at
least the Minimum Payment Due as described in the Minimum Monthly
Payment section, All payments must be made in accordance with the terms
stated on your monthly billing statement, as well as the payment cut-off
time stated in this section, and we will credit your Account in accordance
with those terms and this section. Payments received in proper form at our
processing facility by SPM local time on any day will be credited as of that
day. Payments received in proper form at our processing facility after SPM
local time will be credited as of the next day.
Automatic Billing Arrangements. If your Account number and/or Card
expiration date changes and our records indicate you have automatic
billing established with a merchant, we will attempt to provide your new
Account information to that merchant, To ensure uninterrupted billing, we
recommend that you verify the merchant has your new Account
information. You must contact the merchant directly if you do not wish to
continue the automatic billing arrangement.
How We Apply Payments. We apply payments and credits at our discretion,
including in a manner most favorable or convenient for us. In all cases, we
will apply payments and credits in accordance with applicable law. Each
billing period, to the extent your payments exceed the Minimum Payment
Due shown on your current billing statement, we will apply these excess
amounts generally in order of the APR applicable to the balance of each
transaction category (as referenced in the INTEREST CHARGES section),
from highest to lowest, beginning with the balance subject to the highest
APR as of the date we credit your payment. For promotional balances with
‘the same APR, we will apply payments to the promotional balance with the
longest remaining duration before promotional balances with shorter
remaining durations.
A111 9:52. AMMinimum Monthly Payment. The Minimum Payment Due for a billing
period will be the greater of:
* the New Balance shown on your billing statement for that billing period
if itis less than $15;
© $15 if the New Balance is $15 or more; or
‘any past due amount plus the greater of:
+ 2% of the New Balance (excluding current Interest Charges and Late
Fees) rounded up to the nearest dollar or
* current Interest Charges plus Late Fees plus $15 (not to exceed 3% of
the New Balance) rounded up to the nearest dollar,
We may also include some or all the amount by which you exceed your
Account credit line. We may subtract certain fees to calculate the Minimum
Payment Due, The Minimum Payment Due will never exceed the New
Balance.
‘Skip-A-Payment Offers. We may from time to time allow you to not make
a Minimum Payment Due and will notify you when this option is available.
Ifyou take advantage of this offer and do not make a Minimum Payment
Due, Interest Charges and any applicable fees will accrue on your Account
in accordance with this Agreement and you must pay the Minimum
Payment Due for the following billing periods.
Credit Balances, We will refund any credit balance within seven business
days from receipt of your written request. If you do not request a refund,
‘we will automatically refund credit balances greater than $1 that remain in
your Account after 6 months,
Pay-By-Phone. We may from time to time allow you to make payments by
authorizing us over the telephone to transfer or pay funds from a deposit
account to your Account. We will not charge you a Pay-By-Phone Fee.
INTEREST CHARGES
How We Calculate Interest Charges - Daily Balance Method (including
a transactions): We figure Interest Charges for each billing period. To
is:
* We calculate your Interest Charges separately for each balance subject to
different terms (for example, standard purchases, standard cash advances
and each purchase, balance transfer and cash advance balance subject to
promotional terms). We refer to these balances as transaction categories.
* We figure the “daily balance” for each transaction category. To get the
"daily balance” we take the beginning balance for each day, add any new
‘transactions and fees and any Interest Charges accrued on the previous
day's daily balance. We then subtract any credits and payments and make
other adjustments (including those adjustments required in the section
titled Paying Interest). In calculating the daily balance for the first day of
+the billing period, we consider the “previous day’s daly balance” to have
been your balance on the last day of your previous billing period. This
Gives us the daily balance for each transaction category.
+ We figure the Interest Charges on your Account by multiplying the daly
balance for each transaction category by its daily periodic rate, for ea
day in the billing period.
«The total Interest Charges for the billing period are the sum of the daily
Interest Charges for each transaction category for each day during that
billing period.
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11DCMO_02B0K_TL23H0211_00083.indd 9-10
When we calculate daily balances, we add a new transaction as of the
Transaction Date shown on your billing statement, unless the transaction is
posted to your Account after the close of the billing period in which it
‘occurs, in which case the transaction will be added to the daily balance as
of the first day of the billing period in which it is posted to your Account.
All fees charged to your Account are added to the standard purchase
transaction category with the exception of Cash Advance Fees which are
added to the applicable cash advance transaction category and Balance
Transfer Fees which are added to the applicable balance transfer transaction
category.
Balance Subject to Interest Rate. Your statement shows a Balance Subject to
Interest Rate, It shows this for each transaction category. The Balance
‘Subject to Interest Rate shown on your statement is the average of the daily
balances during the billing period.
Paying Interest. We begin to impose Interest Charges on all transactions
and fees from the Transaction Date shown on your billing statement for the
transaction or fee. However, if a transaction or fee is posted to your
Account after the close of the billing period in which it occurs, we begin to
impose Interest Charges on that transaction or fee from the first day of the
billing period in which it is posted to your Account. We begin to impose
Interest Charges on Interest Charges from the date they are added to your
Account. We continue to impose Interest Charges on all transactions, fees
and interest Charges until you pay he ‘otal amount you owe us. Your due
date will be at least 25 days after the close of each billing period except that
it will be at least 23 days after the close of each billing period that begins
in February. If you paid the New Balance on your previous billing statement
by the Payment Due Date shown on that billing statement, we will not
impose Interest Charges on new purchases, that is purchases first appearing
con the current billing statement, or any portion of a new purchase, paid by
‘the Payment Due Date on your current billing statement. We call this the
“gue period.” There is no grace period on balance transfers or cash
advances. As more fully described in the section titled “How We Apply
Payments," we apply payments in a manner most favorable or convenient
for us and, to the extent your payments exceed the Minimum Payment Due
shown on your current billing statement, we will apply such excess amounts
generally in order of the APR applicable to the balance of each transaction
category (as referenced in the INTEREST CHARGES section), from highest to
lowest, beginning with the balance subject to the highest APR as of the
date we credit your payment. This means that if you do not pay your
balance in full each month, then, depending on the balance to which we
allocate your payment, you may not be able to get a grace period on new
purchases,
Annual Percentage Rates. The daily periodic rate and corresponding APR
that apply to each transaction categny are set forth in your Pricing
Schedule, The daily periodic rate is 165th of the corresponding APR.
Variable Interest Rates, One or more daily periodic rates and corresponding
APRs that apply to a transaction category may be variable rates as set forth
in your Pricing Schedule or in any special offers you receive from us.
Variable APRs are determined by adding a specified number of percentage
points to the Prime Rate. This is shown on the Pricing Schedule as “Prime +
(percentage points).” For purposes of this Agreement, the Prime Rate is the
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1NM1 9:52 AMhighest rate of interest listed as the “prime rate” in the Money Rates
section of The Wall Street Journal on the last business day of the month,
The Prime Rate is merely a pricing index and does not represent the lowest
or best interest rate available to a borrower at any bank at any given time.
If you have a variable rate, your APR will increase or decrease when the
Prime Rate changes. This change will be effective beginning with the first
day of the billing period that begins during the same calendar month as the
change in the Prime Rate. An increase in the APR may increase your
Minimum Payment Due.
Penalty APR. Each time that you do not make the Minimum Payment Due
by the Payment Due Date we may, in accordance with applicable law:
{i) terminate the availability of any promotional APRs on new purchases
and balance transfers; and
(i) increase your APRs for new purchases and balance transfers to variable
Penalty APRs.
Each new variable Penalty APR for a new purchase or balance transfer is
determined by adding up to 5 additional percentage points to the
otherwise applicable APR and will vary based on any changes in the Prime
Rate. (For example, if the promotional purchase rate was 2.99% and the
rate for other purchases was 15.99% and you paid late once, the rate forall
new purchases could increase up to 20.99% variable and vary thereafter
with the Prime Rate.) When we first determine the variable Penalty APRs,
‘we use the Prime Rate effective for the billing period in which you pay late.
‘The variable Penalty APRs are determined in accordance with the Variable
Interest Ratessection. Wewillbase your Penalty APR on your creditworthiness
and other factors such as your current APRs and your Account history. If we
increase any of your APRS to a Penalty APR, we will send you a notice, in
accordance with applicable law, advising of (i) the date the new Penalty
APR will apply (the “Penalty APR Effective Date") and (ii) the new purchases
and balance transfers to which it will be applied (note: the new Penalty APR
will not apply to any other transactions). New purchases and balance
transfers are those purchases and balance transfers which either (i) have a
Transaction Date, as shown on your billing statement, of more than
fourteen days after we mail or deliver the notice to you, ot (i) were posted
to your Account after the current Penalty APR Effective Date, Your Account
will not be subject to a Penalty APR for the frst twelve billing periods after
your Account is first opened.
If your APR for purchases or balance transfers was increased to a Penalty
APR, we will, to the extent required by applicable law, periodically review
‘your Account to determine if any of those APRs should be reduced. Any
reduced APRs on new and existing balances may be different and may be
higher than your previous standard APRs for purchases and/or balance
transfers or any promotional rate.
FEES
Cash Advance Fee. Unless otherwise specified in a cash advance offer, we
will charge you a Cash Advance Fee in the amount indicated on your Pricing
Schedule, All forms of cash advances, including the use of Discover Card
checks, regardless of the purpose for which used, are subject to a Cash
Advance Fee.
Balance Transfer Fee. Unless otherwise specified in a balance transfer offer,
we will charge you a Balance Transfer Fee of 5% of the amount of each new
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‘11DOMO_02BOK_TL23H0211_00083.indd 11-12
balance transfer with a minimum Balance Transfer Fee of $10 and no
maximum,
Foreign Currency Fee. We will charge you a Foreign Currency Fee of 2% of
‘the US. dollar amount of each purchase made in a foreign currency,
Minimum Interest Charge. We will charge you a minimum Interest Charge
of $.50 for any billing period in which Interest Charges of less than $.50
‘would otherwise be imposed.
‘Annual Fee. If your Pricing Schedule accompanying your Card includes an
Annual Fee, we will charge you an Annual Fee in the amount indicated. We
will charge you this fee when we open your Account and at the beginning
of each anniversary year your Account is open. The Annual Fee is not
refundable, except as provided by law.
Late Fee. We will charge you a Late Fee if you have failed, as of the Payment
Due Date, to make the Minimum Payment Due that was required to be paid
for that billing period. The amount of the Late Fee is $25, except the
amount of any subsequent Late Fee assessed during the next six billing
periods after a Late Fee is assessed is $35. The Late Fee will never exceed the
Minimum Payment Due that was due immediately prior to the date on
which the Late Fee was assessed and will never exceed the amount
permitted by law.
Retumed Payment Fee. We will charge you a Returned Payment Fee any
time you pay us with a check or other instrument that is returned unpaid.
This fee will also apply if a debit transaction to a deposit account from
which you have authorized us in writing, electronically or orally, to deduct
all or a part of an amount you owe us under this Agreement is returned
unpaid. We will charge you this fee the first time any payment is returned
unpaid, even if it is paid upon resubmission. The amount of the fee is $25,
except the amount of any subsequent Returned Payment Fee assessed
during the next six billing periods atter a Returned Payment Fee is assessed
is $35. The Returned Payment Fee will never exceed the Minimum Payment
Due that was due immediately prior to the date on which the payment was
returned to us and will never exceed the amount permitted by lav.
Returned Discover Card Check Fee. We will charge you a Returned Discover
Card Check Fee each time we decline to honor a Discover Card cash advance
check, balance transfer check, fional purchase check, or other
promotional check. The amount of the fee is $25, except the amount of any
Returned Discover Card Check Fee assessed during the next six
billing periods after a Returned Discover Card Check Fee is assessed is $35,
‘The Returned Discover Card Check Fee will never exceed the amount of the
check and will never exceed the amount permitted by law.
Research Fee. We may charge you a Research Fee of $5 for each copy ofa
billing statement or sales slip that you request. However, we will not charge
a fee if you request copies in connection with a billing error.
DEFAULT AND CANCELLATION
‘Types of Default. You are in default if you become insolvent; if you file
a bankruptgy petition or have one filed against you; if we have a
reasonable belief that you are unable or unwilling to repay your
Obligations to us; if you are declared incompetent by a court or if a court
appoints ‘a guardian for you or a conservator for your assets; if you die;
if you fail to comply with the terms of this Agreement, including failing
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VAIN 9:52. AM‘to make a required payment when due, exceeding your Account credit
line or using your Card or Account for a Prohibited transaction; or if you
fail to make a required payment when due on any other account you
have with us.
Consequences of Default. if you are in default, we may declare the
entire balance of your Account immediately due and payable without
notice. If we refer the collection of your Account to an attorney or
employ an attorney to represent us with regard to recovery of money
that you owe us, we may charge you reasonable attorneys’ fees and
court or other collection costs as permitted by law and as actual
Incured by us, including fees and costs in connection wth any appeal,
We may delay enforcing or not enforce any of our rights under this
Agreement without losing or waiving any of them.
Cancellation. You may cancel your Account by notifying us in writing or
by telephone and returning or destroying every Card and unused check
that we have provided you. You can notify us by telephoning
1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943,
Salt Lake City, UT 84130-0943, Of course, you will still be responsible to
pay any amount you owe us according to the terms of this Agreement.
If your Account is a joint Account, either Cardmember may cancel the
Account, but you will both remain responsible to pay any amount owed
‘to us according to the terms of this Agreement. We may cancel or
suspend your Account at any time without notice. We may choose not to
renew your Account (beyond the expiration date shown on the face of a
Card) without notice. You must return any Card or unused checks to us
upon request.
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Policy. We may from time to time review your credit,
employment and income records. We respect the privacy of information
about you and your Account. Our Privacy Policy includes a summary of
‘the personal information we collect, when it may be shared with others,
how we safeguard the confidentiality and security of information and
‘the steps you may take to limit our sharing of such information with
others. Please read it carefully as it is part of your Cardmember
Agreement.
Reporting to Credit Reporting Agencies. As indicated in our Privacy
Policy, we may report to credit reporting agencies and other creditors
the status and payment history of your Account, including negative
credit information. Late payments, missed payments or other defaults on
your Account may be reflected in your credit report. We normally report
‘to such credit reporting agencies each month. If you believe that our
report of your Account status is inaccurate or incomplete, please write us
at the following address: Discover, PO Box 15316, Wilmington, DE 19850-
5316. Please include your name, address, home telephone number and
Account number.
‘Our Communications with You. You agree that our personnel may listen
to or record telephone calls between you and our representatives
without additional notice to you, including but not limited to calls we
make to collect debts, We may use any medium permitted by law,
including but not limited to mail, live telephone calls, automated
telephone equipment, prerecorded telephone calls, e-mail, text messages
-10-
11DCMO_02BOK_TL23H0211_00083.indé 13-14
and calls to your cell phone to contact you about your Account or to
offer you products or services that may be of value to you. If you prefer
not to be contacted in one or more of these ways, you must either
telephone us at 1-800-DISCOVER (1-800-347-2683) or write to us at
Discover, PO Box 30961, Salt Lake City, UT 84130-0961.
Releasing Information About Your Account. We provide various methods
by which you can obtain information about your Account. We will only
release such information to you, any Authorized User that our records
indicate is an authorized buyer on your Account, and any other person with
your prior permission, in addition to as provided in our Privacy Policy or as
required by law. Our security measures cannot insure against unauthorized
inquiries. You agree that we will not be responsible for the release of
information to anyone who, even if without your authorization or
permission, has gained possession of a Card or has learned other identifying
characteristics about you such as your personal identification number,
Account number or social security number.
Electronic Notices to You. We may offer you the opportunity to receive
certain notices from us electronically rather than through the mail,
including monthly billing statements and change of terms notices. The
‘terms and conditions for receiving these electronic communications will be
described in the offer.
Notices - Changes to Your Information. If you change your e-mail address,
mailing address or telephone number you must notify us of your new
address or telephone number within 15 days. You can notify us by
telephoning 1-800-DISCOVER (1-800-347-2683) or by writing Discover, PO
Box 30943, Salt Lake City, UT 84130-0943. If your Account is a joint Account,
any notice we mail to an address you have provided for the Account will
serve as notice to both Cardmembers,
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible for the refusal of anyone to
accept or honor a Card or to accept checks that we have provided you. Ifa
merchant fails to provide your purchase to your satisfaction and you
request a credit to your Account, we will investigate the dispute. If we
resolve the dispute in your favor, we will isue a credit to your Account and
you will be deemed to have assigned to us your claim against the merchant
‘and/or any third party for the credited amount. Upon our request, you
agree to provide us with written evidence of such assignment,
‘Claim Notices. In the event that you or we have a claim that arises from or
relates to your Account, any prior account you had with us, your
application, the relationships which result from your Account or the
enforceability of the Agreement or any prior agreement, before initiating,
joining or participating in any judicial or arbitration proceeding, as either
an individual itigant or member of a class Proceeding”), the complaining
party shall give the other party: (1) a written notice of the claim ("Claim
Notice"), at least 15 days before initiating any Proceeding, explaining in
reasonable detail the nature of the claim and any supporting facts; and (2)
a reasonable good faith opportunity to resolve the claim without the
necessity of a Proceeding, This includes any claims involving our parent
corporation, subsidiaries, affiliates (including, without limitation, DFS
Services LLC), predecessors, successors, assigns, as well as the officers,
directors and employees of each of these entities. Any Claim Notice shall be
-1-
N11 9:52 AMsent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other
address as we shall subsequently provide to you) (the "Claim Notice
Address”) or to you at your address appearing in our records or, if you are
represented by counsel, to your attorney at your attorney's office,
Arbitration of Disputes. Agreement to arbitrate. In the event of any past,
present or future claim or dispute (whether based upon contract, tort,
statute, common law or equity) between you and us arising from or
relating to your Account, any prior account you have had with us, your
application, the relationships which result from your Account or the
enforceability or scope of this arbitration provision, of the Agreement or of
any prior agreement, you or we may elect to resolve the claim or dispute by
binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER
YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT
OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY
RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER
YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN
ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO
OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS
A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY (“Class Action Waiver”).
Notwithstanding anything else to the contrary in this arbitration provision,
only a court, and not an arbitrator, shall determine the validity and effect
of the Class Action Waiver. Even if all parties have opted to litigate a claim
in court, you or we may elect arbitration with respect to any claim made
by a new party or any new claims later asserted in that lawsuit and
nothing undertaken therein shall constitute a waiver of any rights under
this arbitration provision. We will not invoke our right to arbitrate an
individual claim you bring in small claims court or your state's equivalent
court, if any, uniess such action is transferred, removed or appealed to a
different court.
Governing Law and Rules. Your Account involves interstate commerce and
this provision shall be governed by the Federal Arbitration Act (FAA). The
arbitration shall be conducted, at the option of whoever files the
arbitration claim, by either the American Arbitration Association (AAA) or
JAMS in accordance with their procedures in effect when the claimis filed.
For a copy of their procedures, to file a claim or for other information,
contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905,
wwwwadr.org (phone 1-800-778-7879) or JAMS at 620 Eighth Ave., Floor
34, New York, NY 10018, wwwjamsadr.com (phone 1-800-352-5267). No
other arbitration forum will be permitted, except as agreed to pursuant to
either the Changes to this Agreement section or a writing signed by both
parties. If neither AAA nor JAMS is able or willing to serve as the
arbitration administrator and we and you are unable to agree on a
replacement administrator or arbitrator, then a court of competent
jurisdiction will appoint an administrator or arbitrator or arbitrators (in
‘the case of an appeal to a panel of three arbitrators as described below).
Unless consented to by all parties, no arbitration may be administered by
ay administrator or arbitrated by any arbitrator that has any formal or
informal policy, rule or procedure that is inconsistent with or purports to
override the terms of this section. If we elect to resolve a claim or dispute
by binding arbitration and the arbitrator issues an award in your favor on
a claim or claims with respect to which you would not otherwise be
-12-
11DCMO_02B0K_TL23H0211_00083.indd 15-16
entitled to recover your arbitration filing, administrative and hearing fees,
reasonable attorneys’ fees and/or other arbitration costs, we will be
responsible for paying or reimbursing such costs and fees if awarded by
‘the arbitrator.
Fees and Costs. At your written request, we will advance any arbitration
filing, administrative and hearing fees which you would be required to
pay to pursue a claim or dispute as a result of our electing to arbitrate that
claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City,
UT 84130-0421. The arbitrator will decide who will ultimately be
responsible for paying those fees. You will only be responsible for paying
or reimbursing our arbitration filing, administrative or hearing fees to the
extent you would have been responsible for paying “attorneys fees and
court or other collection costs” had the action proceeded in court. In no
event will you be required to pay any fees or costs incurred by us in
connection with an arbitration proceeding where such a payment or
reimbursement is prohibited by applicable law.
Hearings and Decisions. Any arbitration hearing will take place in the
federal judicial district where you reside. The arbitrator shall follow
applicable substantive law to the extent consistent with the FAA and
applicable statutes of limitations and shall honor claims of privilege
recognized at law and shall be authorized to award all remedies
permitted by the substantive laws that would apply if the action were
pending in court. If requested by any party, the arbitrator shall write an
opinion containing the reasons for the award. The arbitrator's decision
will be final and binding except for any appeal rights under the FAA and
except that if the amount in controversy exceeds $100,000, any party may
appeal the award within 30 days to a three-arbitrator panel, which shall
review the award de novo. Unless applicable law provides otherwise, the
appealing party will pay the cost of the appeal, regardless of its outcome.
However, we will consider in good faith any reasonable request for us to
bear the fees charged by the arbitration administrator and the arbitrators
in connection with the appeal. Judgment upon any award by the
arbitrator may be enforced in any court having jurisdiction,
Other Beneficiaries of this Provision, Our rights and obligations under this
arbitration provision shall inure to the benefit of and be binding upon our
parent corporations, subsidiaries, affiliates (including, without limitation,
DFS Services LLC), predecessors, successors, assigns, as well as the officers,
directors and employees of each of these entities, and will also inure to
‘the benefit of any third party named as a co-defendant with us or with
any of the foregoing in a claim which is subject to this arbitration
Provision. Your rights and obligations under this arbitration provision shall
inure to the benefit of and be binding upon all persons contractually
liable under this Agreement and all Authorized Users of the Account.
Survival of this Provision. This arbitration provision shall survive
termination of your Account as well as voluntary payment in full by you,
any legal proceedings by us to collect a debt owed by you, any bankruptcy
by you and any sale by us of your Account.
Right to Reject Arbitration, You may reject the Arbitration of Disputes
section by providing us a notice of rejection within 30 days after receiving
a Card, at the following address: Discover, PO Box 30938, Salt Lake City,
UT 84130-0938. If you were previously subject to arbitration with respect
~13-
11 9:52 AM+o any account with us, this right to reject arbitration will not apply to you.
Your rejection notice must include your name, address, telephone number,
Account number and signature and must not be sent with any other
correspondence. Calling us to indicate that you reject the Arbitration of
Disputes section or sending a rejection notice in a manner or format that
does not comply with all applicable requirements is insufficient notice. In
order to process your notice, we require that the notice be provided by
you directly and not through a third party. Rejection of arbitration will not
affect your other rights or responsibilities under this Agreement or your
obligation to arbitrate disputes under any other account as to which you
and we have anreed to arbitrate disputes. If you do not send a rejection
notice, you will be obligated by the Arbitration of Disputes section with
respect to this and any prior account you have had with us, even if you
have previously sent a rejection notice with respect to that prior account.
LEGAL INTERPRETATION OF THIS AGREEMENT
Severability. If any part of this Agreement becomes unenforceable, it wll
not make any other part unenforceable, except that if the Class Action
Waiver set forth above in the Arbitration of Disputes section is invalidated
in any proceeding in which you and we are involved, then the Arbitration
of Disputes section will be void with respect to that proceeding.
Compliance with Interest Rate Limitations, We intend that this Agreement
will comply with applicable interest rate limitations, You will not be
required to pay Interest Charges or other charges at a rate that is greater
‘than the maximum amount permitted by law, If it is ever finally
determined that, but for this section, the Interest Charges or other charges
under this Agreement would exceed the maximum lawful amount, the
Interest Charges and other charges will be reduced to the maximum
lawful amount. Any excess amount that you have already paid will be used
to reduce the outstanding balance of your Account or will be refunded to
you by means of a check in our discretion,
Governing Law. This Agreement and any claim or dispute arising out of
this Agreement will be governed by applicable federal law and, to the
extent state law applies, Delaware law.
ASSIGNMENT OF ACCOUNT
‘We may sell, assign or transfer your Account or any portion thereof
without notice to you. You may not sell, assign or transfer your Account.
without first obtaining our prior written consent.
its:
Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the
Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Discover
PO Box 30421
Salt Lake City, UT 84130-0421.
-14-
11DOMO_02B0K_TL23H0211_00083indd 17-18
In your letter, give us the following information:
* Account information: Your name and account number.
* Dollar amount: The dollar amount of the suspected error.
* Description of problem: if you think there is an error on your bill, describe
what you believe is wrong and why you believe itis a mistake.
You must contact us:
* Within 60 days after the error appeared on your statement.
+ Atleast 3 business days before an automated payment s scheduled, ifyou
want to stop payment on the amount you think is wrong.
You must notiy us of any potential errors in writing. You may cal us, but it
u do we are not required to investigate any potential errors and youmay
fave to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received
your letter. We will also tell you if we have already corrected the error,
2. Within 90 days of receiving your letter, we must either correct the error
or explain to you why we believe the bills correct.
‘While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as
delinquent on that amount.
* The charge in question may remain on your statement, and we may
continue to charge you interest on that amount.
‘* While you do not have to pay the amount in question, you are responsible
for the remainder of your balance, hi 7 re
‘*We can apply any unpaid amount against your credit mit.
‘After we finish our investigation, one of two things will happen:
* Ifwe made a mistake: You will not have to pay the amount in question or
any interest or ather fees related to that amount.
« iftwe do not believe there was a mistake: You will have to pay the amount
in question, along with applicable interest and fees, We will send you a
statement of the amount you owe and the date payment is due, We may
‘then report you as delinquent if you do not pay the amount we think you
owe.
If you receive our explanation but stil believe your bill is wrong, you must
write to us within 10 days telling us that you still refuse to pay. Ifyou
Preview
Case Number: CONO-15-009530 Division: 72 Filing # 35180425 E-Filed 12/04/2015 03:15:45 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. DIVISION: DISCOVER BANK, Plaintiff, Vs. MIREILLE JEROME Defendant(s) COMPLAINT The Plaintiff, DISCOVER BANK, (hereinafter “Plaintiff’) sues the Defendant(s), MIREILLE JEROME (hereinafter “Defendant(s)”) and says: 1. Plaintiff is a FDIC-insured Delaware State Bank. 2. That this is an action for damages that does not exceed. $15,000.00, exclusive of interest and court costs. COUNT I - BREACH OF CONTRACT 3. This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit A). 5. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account. 6. The Defendant(s) owes the Plaintiff $6,944.71. 7. Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/4/2015 3:15:44 PM.****WHEREFORE, Plaintiff demands judgment for damages plus costs against Defendant. COUNT II- ACCOUNT STATED 8. Plaintiff hereby re-states and re-alleges herein the allegations contained in Paragraph One (1) and Two (2). 9. Before the institution of this action, Plaintiff and Defendant(s) had business transactions between them and they agreed to the resulting balance. 10. Plaintiff rendered to Defendant(s) an account statement. 11. A record of the account statement is attached. See Exhibit B. 12. Plaintiff has performed all conditions precedent to bring this action or the same have been waived by the Defendant(s). 13. Defendant owes Plaintiff $6,944.71. A Law Firm Engaged in Debt Collection ATTORNEY FOR PLAINTIFF 700 W. HILLSBORO BLVD. BUILDING 2; SUITE 201 DEERFIELD BEACH, FL 33441 Phone: (954)481-0851 Fax: (954)481-0854 Email: SOUTHFLALITIGATION@ZWICKERPC.COM11DCMO_02BOK_TL23HO211_00083.indd 1-2 DISCOVER YOUR DISCOVER’ ACCOUNT CARDMEMBER AGREEMENT ..........-.--++ Pages 1-16 The terms and conditions of your Account, including how we calculate Interest Charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the “Right to Reject Arbitration” section at page 13. BILLING RIGHTS..... ...Pages 14-16 Important information about your rights and our responsibilities under the Fair Credit Billing Act. DESCRIPTION OF COVERAGE.............-+ Pages 16-24 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile, GLOBAL TRAVELER'S HOTLINE. «Pages 25 The terms and conditions of this free travel assistance benefit. ©2011 Discover Bank, Member FDIC TL23H.0211 1AM 9:52 AM EXHIBIT ACARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover® Card Account. It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. See the Privacy section on page 10 and our Privacy Policy for additional information. The Arbitration of Disputes section on page 12 indudes a waiver of a number of rights, including tthe right to a jury trial. ‘The Right to Reject Arbitration section on page 13 describes the procedure Yyou must follow if you desire to reject the Arbitration of Disputes section, DEFINITIONS... Prohibited Uses of Your Account « Purchases and Cash Advances in Foreign Currencies Cash Advances. Credit Authorizations . Authorized Users. Unauthorized Use. ‘Your Credit Lines. CHANGES TO THIS AGREEMENT. MAKING PAYMENTS. Promise to Pay. Monthly Billing Statement. Monthly Payment Options. ‘Automatic Billing Arrangements How We Apply Payments. ‘Minimum Monthly Paymer Skip-A-Payment Offers Credit Balances Pay-By-Phone. INTEREST CHARGE! How We Calculate Interest Charge Balance Subject to Interest Rate Paying interest .... Annual Percentage Rates. Variable Interest Rates . Balance Transfer Fee Foreign Currency Fee Minimum Interest Charge Annual Fee Late Fee . Returned Returned Discover Card Resea 11DCMO_02BOK_TL23H0211_00083.indd 3-4 Nt 9:52 AMTypes of Default... Consequences of Defautt. Cancellation........ PRIVACY AND OUR COMMUNICATIONS WITH YOU . ur Privacy Policy... Reporting to Credit Reporting Agencies Our Communications with You, ... Releasing Information About Your Account Electronic Notices to You... Compliance with Interest Rate Limitations . Governing Law ..... ‘ASSIGNMENT OF ACCOUNT. DEFINITIONS: “Account” means your Discover Card Account. APR" means an annual percentage rate, “Authorized User” means any person whom you authorize to use your Account or a Card, whether you notify us or not. “Card” means any one or more Discover Cards issued to you or someone else with your authorization. “Pricing Schedule” means the document accompanying your Card and listing the APRs that apply to your Account and other important information. The Pricing Schedule is part of this Agreement. Se “us” and “our” refer to Discover Bank, the issuer of your Discover Card. "You," “your” or “yours” refer to, in addition to you, the Cardmember, any other person or persons who are also contractually liable under’ this Agreement, USING YOUR ACCOUNT Your Acceptance of this Agreement. The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept this Agreement, including the Arbitration of Disputes section on page 12. You may, however, reject the Arbitration of Disputes section as explained on page 13. Permitted Uses of Your Account. Your Account may be used for: * Purchases - to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furnish to you, in accordance with such additional terms and conditions as we may offer from time to time. * Cash Advances - to obtain cash advances from participating automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable for cash or for casino chips, money orders, travelers checks, savings bonds, foreign -2- 11DCMO_02BOK_TL23H0211_00083.ind¢ 5-6 currency and wire transfers, or by means of checks which we may furnish ‘to you, all in accordance with such additional terms and conditions as we may offer from time to time. * Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time, In addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservations ‘that are not cancelled prior to the time specified by the establishment. Your ‘Account may be used for personal, family, household and charitable purposes. Prohibited Uses of Your Account. Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate the transaction (“Prohibited Transactions”). Purchases and Cash Advances in Foreign Currencies. Ifyou make a purchase or cash advance in a foreign currency, it will be converted to US. dollars using either a govemment-mandated rate, a government published rate or ‘the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on ‘the conversion date for the transaction, which may be different than the Transaction Date as shown on your statement. We charge a Foreign Currency Fee for each purchase made in a foreign currency as described in ‘the Foreign Currency Fee section on page 8, Cash Advances. We may periodically offer you promotional rates on cash advances for the time period specified in the offer, subject to the Penal ‘APR section, The offer may contain a Cash Advance Fee for each cas! advance. Balance Transfers, In our discretion, we may periodically offer you the opportunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons or checks, The standard purchase rate applies to balance transfers. However, we may periodically offer you promotional rates on balance transfers for the time period specified in the offer, subject to the Penalty APR section, Each offer will contain an expiration date. If you attempt to transfer balances by means of a after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. We may charge a Balance Transfer Fee as indicated in the Balance Transfer Fee section. Credit Authorizations, Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or other reasons. Also, if our authorization system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. Authorized Users. If you want to cancel the authority of a current ‘Authorized User to use your Account or a Card, you must notify us and ‘any Card in that person's possession. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO -3- NWT 9:52 AMBox 30943, Salt Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attomey, without our separate written agreement (which we are not obligated to give). Unauthorized Use. Prior to its use, each Card must be signed by the person ‘to whom it is issued. Ifa Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943, You agree to assist us in determining the facts relating to any ‘theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Lines. We will advise you of your Account credit line. We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line, We may also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, including Interest Charges and fees, to exceed your Account credit line. If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit line. ‘We may increase or decrease your Account credit line, your cash advance credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance, CHANGES TO THIS AGREEMENT From time to tne, we may to the extent permited ty lw, change any ‘term of this Agreement, including, but not limited to, any interest rate, fee or method of computing any balance upon which the interest rate is assessed, or add or delete any term to this Agreement. We will give you notice of the change in the time and manner required by law, which includes 45-days advance written notice in some circumstances. In addition, to the extent required by law, we will offer you the opportunity to rjc a change, For example, law requires, with certain exceptions, that we offer you the opportunity to reject an increase in a late fee or the elimination of a grace period prior to the date of the change. If you reject a change in accordance with the instructions in the notice provided, we will close your Account and you will no longer be able to use it for further transactions. You can then pay the remaining balance under the unchanged term. We may also change any term of any product, service or benefit offered in connection with your Account. We will notify you as. required by law or by the terms of the product, service or benefit, MAKING PAYMENTS Promise to Pay. You agree to pay us in US. dollars forall purchases, cash advances and balance transfers including applicable interest Charges and other charges or fees, incurred by you or anyone you authorize or permit -4- 11DCMO_02BOK_TL23H0211_00083.indd. 7-8 ‘to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. If you pay us in other than US. dollars, we may refuse to accept the payment or charge your Account our cost to convert your payment to U.S. dollars. All checks must be drawn on funds on, deposit in the U.S. You may not use a cash advance check, balance transfer check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and jointly for the entire amount owed on your Account. We can accept late payments or partial payments or checks and money orders marked “payment in full” or with any other restrictive endorsement without losing any of our rights under this Agreement. Monthly Billing Statement, We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless ‘we waive our right to do so as permitted by law. The billing statement will show the purchases, cash advances, balance transfers, Interest Charges and other charges or fees and the payments or other credits posted to your Account during the billing period. it will show your New Balance, Payment, Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum Payment Due may be higher than shown on your bling statement. See the Minimum Monthly Payment section on page 5. Monthly Payment Options, You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly Payment section, All payments must be made in accordance with the terms stated on your monthly billing statement, as well as the payment cut-off time stated in this section, and we will credit your Account in accordance with those terms and this section. Payments received in proper form at our processing facility by SPM local time on any day will be credited as of that day. Payments received in proper form at our processing facility after SPM local time will be credited as of the next day. Automatic Billing Arrangements. If your Account number and/or Card expiration date changes and our records indicate you have automatic billing established with a merchant, we will attempt to provide your new Account information to that merchant, To ensure uninterrupted billing, we recommend that you verify the merchant has your new Account information. You must contact the merchant directly if you do not wish to continue the automatic billing arrangement. How We Apply Payments. We apply payments and credits at our discretion, including in a manner most favorable or convenient for us. In all cases, we will apply payments and credits in accordance with applicable law. Each billing period, to the extent your payments exceed the Minimum Payment Due shown on your current billing statement, we will apply these excess amounts generally in order of the APR applicable to the balance of each transaction category (as referenced in the INTEREST CHARGES section), from highest to lowest, beginning with the balance subject to the highest APR as of the date we credit your payment. For promotional balances with ‘the same APR, we will apply payments to the promotional balance with the longest remaining duration before promotional balances with shorter remaining durations. A111 9:52. AMMinimum Monthly Payment. The Minimum Payment Due for a billing period will be the greater of: * the New Balance shown on your billing statement for that billing period if itis less than $15; © $15 if the New Balance is $15 or more; or ‘any past due amount plus the greater of: + 2% of the New Balance (excluding current Interest Charges and Late Fees) rounded up to the nearest dollar or * current Interest Charges plus Late Fees plus $15 (not to exceed 3% of the New Balance) rounded up to the nearest dollar, We may also include some or all the amount by which you exceed your Account credit line. We may subtract certain fees to calculate the Minimum Payment Due, The Minimum Payment Due will never exceed the New Balance. ‘Skip-A-Payment Offers. We may from time to time allow you to not make a Minimum Payment Due and will notify you when this option is available. Ifyou take advantage of this offer and do not make a Minimum Payment Due, Interest Charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the following billing periods. Credit Balances, We will refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, ‘we will automatically refund credit balances greater than $1 that remain in your Account after 6 months, Pay-By-Phone. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We will not charge you a Pay-By-Phone Fee. INTEREST CHARGES How We Calculate Interest Charges - Daily Balance Method (including a transactions): We figure Interest Charges for each billing period. To is: * We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. * We figure the “daily balance” for each transaction category. To get the "daily balance” we take the beginning balance for each day, add any new ‘transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other adjustments (including those adjustments required in the section titled Paying Interest). In calculating the daily balance for the first day of +the billing period, we consider the “previous day’s daly balance” to have been your balance on the last day of your previous billing period. This Gives us the daily balance for each transaction category. + We figure the Interest Charges on your Account by multiplying the daly balance for each transaction category by its daily periodic rate, for ea day in the billing period. «The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. -6- 11DCMO_02B0K_TL23H0211_00083.indd 9-10 When we calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it ‘occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate, It shows this for each transaction category. The Balance ‘Subject to Interest Rate shown on your statement is the average of the daily balances during the billing period. Paying Interest. We begin to impose Interest Charges on all transactions and fees from the Transaction Date shown on your billing statement for the transaction or fee. However, if a transaction or fee is posted to your Account after the close of the billing period in which it occurs, we begin to impose Interest Charges on that transaction or fee from the first day of the billing period in which it is posted to your Account. We begin to impose Interest Charges on Interest Charges from the date they are added to your Account. We continue to impose Interest Charges on all transactions, fees and interest Charges until you pay he ‘otal amount you owe us. Your due date will be at least 25 days after the close of each billing period except that it will be at least 23 days after the close of each billing period that begins in February. If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is purchases first appearing con the current billing statement, or any portion of a new purchase, paid by ‘the Payment Due Date on your current billing statement. We call this the “gue period.” There is no grace period on balance transfers or cash advances. As more fully described in the section titled “How We Apply Payments," we apply payments in a manner most favorable or convenient for us and, to the extent your payments exceed the Minimum Payment Due shown on your current billing statement, we will apply such excess amounts generally in order of the APR applicable to the balance of each transaction category (as referenced in the INTEREST CHARGES section), from highest to lowest, beginning with the balance subject to the highest APR as of the date we credit your payment. This means that if you do not pay your balance in full each month, then, depending on the balance to which we allocate your payment, you may not be able to get a grace period on new purchases, Annual Percentage Rates. The daily periodic rate and corresponding APR that apply to each transaction categny are set forth in your Pricing Schedule, The daily periodic rate is 165th of the corresponding APR. Variable Interest Rates, One or more daily periodic rates and corresponding APRs that apply to a transaction category may be variable rates as set forth in your Pricing Schedule or in any special offers you receive from us. Variable APRs are determined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as “Prime + (percentage points).” For purposes of this Agreement, the Prime Rate is the -7- 1NM1 9:52 AMhighest rate of interest listed as the “prime rate” in the Money Rates section of The Wall Street Journal on the last business day of the month, The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any bank at any given time. If you have a variable rate, your APR will increase or decrease when the Prime Rate changes. This change will be effective beginning with the first day of the billing period that begins during the same calendar month as the change in the Prime Rate. An increase in the APR may increase your Minimum Payment Due. Penalty APR. Each time that you do not make the Minimum Payment Due by the Payment Due Date we may, in accordance with applicable law: {i) terminate the availability of any promotional APRs on new purchases and balance transfers; and (i) increase your APRs for new purchases and balance transfers to variable Penalty APRs. Each new variable Penalty APR for a new purchase or balance transfer is determined by adding up to 5 additional percentage points to the otherwise applicable APR and will vary based on any changes in the Prime Rate. (For example, if the promotional purchase rate was 2.99% and the rate for other purchases was 15.99% and you paid late once, the rate forall new purchases could increase up to 20.99% variable and vary thereafter with the Prime Rate.) When we first determine the variable Penalty APRs, ‘we use the Prime Rate effective for the billing period in which you pay late. ‘The variable Penalty APRs are determined in accordance with the Variable Interest Ratessection. Wewillbase your Penalty APR on your creditworthiness and other factors such as your current APRs and your Account history. If we increase any of your APRS to a Penalty APR, we will send you a notice, in accordance with applicable law, advising of (i) the date the new Penalty APR will apply (the “Penalty APR Effective Date") and (ii) the new purchases and balance transfers to which it will be applied (note: the new Penalty APR will not apply to any other transactions). New purchases and balance transfers are those purchases and balance transfers which either (i) have a Transaction Date, as shown on your billing statement, of more than fourteen days after we mail or deliver the notice to you, ot (i) were posted to your Account after the current Penalty APR Effective Date, Your Account will not be subject to a Penalty APR for the frst twelve billing periods after your Account is first opened. If your APR for purchases or balance transfers was increased to a Penalty APR, we will, to the extent required by applicable law, periodically review ‘your Account to determine if any of those APRs should be reduced. Any reduced APRs on new and existing balances may be different and may be higher than your previous standard APRs for purchases and/or balance transfers or any promotional rate. FEES Cash Advance Fee. Unless otherwise specified in a cash advance offer, we will charge you a Cash Advance Fee in the amount indicated on your Pricing Schedule, All forms of cash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to a Cash Advance Fee. Balance Transfer Fee. Unless otherwise specified in a balance transfer offer, we will charge you a Balance Transfer Fee of 5% of the amount of each new -8- ‘11DOMO_02BOK_TL23H0211_00083.indd 11-12 balance transfer with a minimum Balance Transfer Fee of $10 and no maximum, Foreign Currency Fee. We will charge you a Foreign Currency Fee of 2% of ‘the US. dollar amount of each purchase made in a foreign currency, Minimum Interest Charge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 ‘would otherwise be imposed. ‘Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not refundable, except as provided by law. Late Fee. We will charge you a Late Fee if you have failed, as of the Payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late Fee is $25, except the amount of any subsequent Late Fee assessed during the next six billing periods after a Late Fee is assessed is $35. The Late Fee will never exceed the Minimum Payment Due that was due immediately prior to the date on which the Late Fee was assessed and will never exceed the amount permitted by law. Retumed Payment Fee. We will charge you a Returned Payment Fee any time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically or orally, to deduct all or a part of an amount you owe us under this Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission. The amount of the fee is $25, except the amount of any subsequent Returned Payment Fee assessed during the next six billing periods atter a Returned Payment Fee is assessed is $35. The Returned Payment Fee will never exceed the Minimum Payment Due that was due immediately prior to the date on which the payment was returned to us and will never exceed the amount permitted by lav. Returned Discover Card Check Fee. We will charge you a Returned Discover Card Check Fee each time we decline to honor a Discover Card cash advance check, balance transfer check, fional purchase check, or other promotional check. The amount of the fee is $25, except the amount of any Returned Discover Card Check Fee assessed during the next six billing periods after a Returned Discover Card Check Fee is assessed is $35, ‘The Returned Discover Card Check Fee will never exceed the amount of the check and will never exceed the amount permitted by law. Research Fee. We may charge you a Research Fee of $5 for each copy ofa billing statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION ‘Types of Default. You are in default if you become insolvent; if you file a bankruptgy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your Obligations to us; if you are declared incompetent by a court or if a court appoints ‘a guardian for you or a conservator for your assets; if you die; if you fail to comply with the terms of this Agreement, including failing -9- VAIN 9:52. AM‘to make a required payment when due, exceeding your Account credit line or using your Card or Account for a Prohibited transaction; or if you fail to make a required payment when due on any other account you have with us. Consequences of Default. if you are in default, we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attorneys’ fees and court or other collection costs as permitted by law and as actual Incured by us, including fees and costs in connection wth any appeal, We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Cancellation. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943, Of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement. If your Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed ‘to us according to the terms of this Agreement. We may cancel or suspend your Account at any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to time review your credit, employment and income records. We respect the privacy of information about you and your Account. Our Privacy Policy includes a summary of ‘the personal information we collect, when it may be shared with others, how we safeguard the confidentiality and security of information and ‘the steps you may take to limit our sharing of such information with others. Please read it carefully as it is part of your Cardmember Agreement. Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. We normally report ‘to such credit reporting agencies each month. If you believe that our report of your Account status is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850- 5316. Please include your name, address, home telephone number and Account number. ‘Our Communications with You. You agree that our personnel may listen to or record telephone calls between you and our representatives without additional notice to you, including but not limited to calls we make to collect debts, We may use any medium permitted by law, including but not limited to mail, live telephone calls, automated telephone equipment, prerecorded telephone calls, e-mail, text messages -10- 11DCMO_02BOK_TL23H0211_00083.indé 13-14 and calls to your cell phone to contact you about your Account or to offer you products or services that may be of value to you. If you prefer not to be contacted in one or more of these ways, you must either telephone us at 1-800-DISCOVER (1-800-347-2683) or write to us at Discover, PO Box 30961, Salt Lake City, UT 84130-0961. Releasing Information About Your Account. We provide various methods by which you can obtain information about your Account. We will only release such information to you, any Authorized User that our records indicate is an authorized buyer on your Account, and any other person with your prior permission, in addition to as provided in our Privacy Policy or as required by law. Our security measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information to anyone who, even if without your authorization or permission, has gained possession of a Card or has learned other identifying characteristics about you such as your personal identification number, Account number or social security number. Electronic Notices to You. We may offer you the opportunity to receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The ‘terms and conditions for receiving these electronic communications will be described in the offer. Notices - Changes to Your Information. If you change your e-mail address, mailing address or telephone number you must notify us of your new address or telephone number within 15 days. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683) or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. If your Account is a joint Account, any notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers, CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. Ifa merchant fails to provide your purchase to your satisfaction and you request a credit to your Account, we will investigate the dispute. If we resolve the dispute in your favor, we will isue a credit to your Account and you will be deemed to have assigned to us your claim against the merchant ‘and/or any third party for the credited amount. Upon our request, you agree to provide us with written evidence of such assignment, ‘Claim Notices. In the event that you or we have a claim that arises from or relates to your Account, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, joining or participating in any judicial or arbitration proceeding, as either an individual itigant or member of a class Proceeding”), the complaining party shall give the other party: (1) a written notice of the claim ("Claim Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding, This includes any claims involving our parent corporation, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be -1- N11 9:52 AMsent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address”) or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney's office, Arbitration of Disputes. Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your Account, any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of any prior agreement, you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY (“Class Action Waiver”). Notwithstanding anything else to the contrary in this arbitration provision, only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, uniess such action is transferred, removed or appealed to a different court. Governing Law and Rules. Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either the American Arbitration Association (AAA) or JAMS in accordance with their procedures in effect when the claimis filed. For a copy of their procedures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, wwwwadr.org (phone 1-800-778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, wwwjamsadr.com (phone 1-800-352-5267). No other arbitration forum will be permitted, except as agreed to pursuant to either the Changes to this Agreement section or a writing signed by both parties. If neither AAA nor JAMS is able or willing to serve as the arbitration administrator and we and you are unable to agree on a replacement administrator or arbitrator, then a court of competent jurisdiction will appoint an administrator or arbitrator or arbitrators (in ‘the case of an appeal to a panel of three arbitrators as described below). Unless consented to by all parties, no arbitration may be administered by ay administrator or arbitrated by any arbitrator that has any formal or informal policy, rule or procedure that is inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be -12- 11DCMO_02B0K_TL23H0211_00083.indd 15-16 entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys’ fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by ‘the arbitrator. Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for paying “attorneys fees and court or other collection costs” had the action proceeded in court. In no event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited by applicable law. Hearings and Decisions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amount in controversy exceeds $100,000, any party may appeal the award within 30 days to a three-arbitrator panel, which shall review the award de novo. Unless applicable law provides otherwise, the appealing party will pay the cost of the appeal, regardless of its outcome. However, we will consider in good faith any reasonable request for us to bear the fees charged by the arbitration administrator and the arbitrators in connection with the appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction, Other Beneficiaries of this Provision, Our rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to ‘the benefit of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration Provision. Your rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Survival of this Provision. This arbitration provision shall survive termination of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you and any sale by us of your Account. Right to Reject Arbitration, You may reject the Arbitration of Disputes section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover, PO Box 30938, Salt Lake City, UT 84130-0938. If you were previously subject to arbitration with respect ~13- 11 9:52 AM+o any account with us, this right to reject arbitration will not apply to you. Your rejection notice must include your name, address, telephone number, Account number and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or format that does not comply with all applicable requirements is insufficient notice. In order to process your notice, we require that the notice be provided by you directly and not through a third party. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have anreed to arbitrate disputes. If you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior account you have had with us, even if you have previously sent a rejection notice with respect to that prior account. LEGAL INTERPRETATION OF THIS AGREEMENT Severability. If any part of this Agreement becomes unenforceable, it wll not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations, We intend that this Agreement will comply with applicable interest rate limitations, You will not be required to pay Interest Charges or other charges at a rate that is greater ‘than the maximum amount permitted by law, If it is ever finally determined that, but for this section, the Interest Charges or other charges under this Agreement would exceed the maximum lawful amount, the Interest Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding balance of your Account or will be refunded to you by means of a check in our discretion, Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT ‘We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. without first obtaining our prior written consent. its: Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84130-0421. -14- 11DOMO_02B0K_TL23H0211_00083indd 17-18 In your letter, give us the following information: * Account information: Your name and account number. * Dollar amount: The dollar amount of the suspected error. * Description of problem: if you think there is an error on your bill, describe what you believe is wrong and why you believe itis a mistake. You must contact us: * Within 60 days after the error appeared on your statement. + Atleast 3 business days before an automated payment s scheduled, ifyou want to stop payment on the amount you think is wrong. You must notiy us of any potential errors in writing. You may cal us, but it u do we are not required to investigate any potential errors and youmay fave to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error, 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bills correct. ‘While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. * The charge in question may remain on your statement, and we may continue to charge you interest on that amount. ‘* While you do not have to pay the amount in question, you are responsible for the remainder of your balance, hi 7 re ‘*We can apply any unpaid amount against your credit mit. ‘After we finish our investigation, one of two things will happen: * Ifwe made a mistake: You will not have to pay the amount in question or any interest or ather fees related to that amount. « iftwe do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees, We will send you a statement of the amount you owe and the date payment is due, We may ‘then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but stil believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. Ifyou