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Case Number: COSO-20-010664 Division: 61
Filing # 115141871 E-Filed 10/16/2020 08:57:38 PM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
WELLS FARGO BANK, N.A.
Plaintiff,
VS.
NORLENE L BROWNE
Defendant(s),
CASE NO.:
COMPLAINT FOR DAMAGES
AND/OR AN ACTION TO COLLECT A DEBT
COMES NOW, the Plaintiff, WELLS FARGO BANK, N.A., formed under the Laws of the United
States, transacting business by the instrumentality of interstate commerce as authorized under the United
States Code, and sues the Defendant(s), NORLENE L BROWNE and states the following:
JURISDICTION
1 This Court has jurisdiction over this dispute as this Complaint seeks damages
that are within the Jurisdictional limits of this Court; exclusive of court costs and attorneys' fees.
2. Defendant(s) is/are amenable to jurisdiction in Florida because the Defendant(s) reside in
Florida, conduct substantial business in Florida, breached a contract within Florida, and/or committed all acts
and omissions stated in the Complaint in Florida.
3 Pursuant to Florida Statute § 47.011 and/or 47.021, venue is proper in BROWARD
County.
GENERAL ALLEGATIONS
Plaintiff re-alleges paragraphs 1 through 3 above and further states that:
4 The Plaintiff, at all times material hereto is a corporation formed, organized and existing
under and by virtue of the laws of the United States, transacting business by and through the instrumentality
of interstate commerce, by the issuance of credit.
5 All conditions precedent have been performed or have occurred.
6. This is a Complaint for damages as a result of non-payment of a credit card. The laws
promulgated for the regulation of such credit transactions described herein are governed by 15 U.S.C. § 1601,
etsep. The rules for same are codified under the Code of Federal Regulations (all references hereinafter to
C.F.R. shall mean code of Federal Regulations) as created under the authority if the Federal Reserve Board
under 12 C.F.R. Pt. 226 and are dispositive of such transactions. Rossman v Fleet Bank (R.I.) National
Association, 280 F.3d 384 (3% C.A., 2001).
Page |
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/16/2020 08:57:36 PM.****
7. The Defendant(s) [a cardholderas defined by 12 CER § 226.2 (a\(8)] obtained a credit card
[as defined by 12 C.F.R. § 226.2 (a)(15)] account from Plaintiff, a credit grantor [a card issuer as defined by
12 CER. § 226.2 (a)(17)] on or about 08/30/2006 under account number ending in I, which was used
by Defendant (s), after all disclosures, (pursuant to 12 C.F.R. § 226.5). Attached hereto is a copy of the
applicable Credit Card Account Agreement and Disclosure under the Federal Truth-in-Lending Act, as
Composite Exhibit "A" and incorporated herein by reference.
8 The Defendant(s) used the credit card and took advances on same to purchase goods/and or
cash advances and was sent a payment reminder for each billing cycle (pursuant to 12 C.F.R. § 226.2
(a)(4)(4) & 12 C.F.R. § 226.5 (b\(2)(1)., and the use of same by the Defendant (s) herein constituted a
promise to repay same, and the Defendant (s) accepted the benefits thereof.
9 All periodic payment statements forwarded to the Defendant(s) by the Plaintiff pursuant to
12 CER. § 226.2 (a)(4)(4) & 12 C.E.R. § 226.5 (b)(2)(1) disclosed to the Defendant(s) their billing rights
and the Defendant(s) did not notify the Plaintiff of any errant transactions [pursuant to 12 C.F.R. § 226.12
(b)(3), or 12 C.F.R. § 226.13] and as result thereof is liable for all changes on the account and has waived
any defenses to the sum due.
10. The Defendant(s) defaulted by non-payment of the account. Notwithstanding the Plaintiff
having forwarded to the Defendant(s) statement(s) of the account, Defendant has failed and refused to pay
same. See Composite Exhibit "B."
11. As a result of the Defendant’s actions, the Plaintiff has been required to retain the
undersigned Law Firm for the purposes of prosecuting its claim against the Defendant, and is entitled to a
reasonable attorney’s fee pursuant to the disclosures made to the defendant(s) [pursuant to 12 C.F.R. §
226.12 (b)(3), or 12 C.F.R. § 226.13], and court costs,
COUNT I
ACTION AGAINST CREDIT HOLDER TO RECOVER
BALANCE DUE PURSUANT TO CREDIT CARD ACCOUNT AGREEMENT
Plaintiff re-alleges paragraphs 1 through 11 above and further states:
12, Pursuant to the terms of the Credit Card Account Agreement, the Defendant(s) agreed to pay
promptly on rendition ofa statement for all charges made with Defendant’s credit pursuant to the installment
terms stated therein. See Composite Exhibit "A."
13, Plaintiff has duly performed all conditions of the Credit Card Account Agreement to be
performed by the Plaintiff under its terms with the Defendant(s).
14, On various occasions, from time to time, the credit issued to the Defendant(s) by the Plaintiff
was used by the Defendant(s) or others (with Defendant’s consent) to make purchases of merchandise or
services, or the issuance of cash advances which purchases were paid by the Plaintiff under its credit
program, or to obtain cash advances from the Plaintiff.
15. The Defendant(s) is/are indebted to the Plaintiff in the sum of $20757.74, being the balance
due on the account. See Composite Exhibit "B."
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16, Demands have been made by the Plaintiff for the payment of the sums in issue and the
Defendant(s) has/have failed and refused to make payment as required in accordance with the terms of the
credit agreement.
WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $20757.74 award Plaintiff attorneys’ fees and
court costs, and any further relief that this Court deems just and proper.
COUNT II
CREDIT ACCOUNT STATED
Plaintiff re-alleges paragraphs 1 through 10 above and further states that this Count is being plead as an
alternative theory of relief to Count 1:
17. Before the institution of this action Plaintiff and Defendant has business transactions
between them and they agreed to the resulting balance.
18. Plaintiff rendered statements of it to Defendant(s) as indicated by the statement(s) attached
hereto as Composite Exhibit "B" of which is comprised of the account showing items, time of accrual of
each, and amount of each, and Defendant(s) did not object to the same.
19. Defendant(s) owe(s) Plaintiff $20757.74.
WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court
enter a judgment against the Defendant(s) in the amount of $20757.74, including but not limited to court
costs and any further relief that this Court deems just and proper.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 3
DESIGNATION OF PRIMARY E-MAIL ADDRESS
In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff
hereby designates eservice|@naderpourlaw.com as their primary e-mail address and
eservice2@naderpourlaw.com as their secondary e-mail address.
NADERPOUR & ASSOCIATES, P.A.
Attorneys for the Plaintiff
2743 Hollywood Blvd.
Hollywood, FL 33020
Tel.: (954) 926-4233
Fax: (954) 926-4238
Primary Service Email Address:
i (SCAULMAL
eservicel@naderpourlaw.com
By:
[{] AMIR NADERPOUR, ESQ., FBN: 70262
[] JODI M. FOX, ESQ. FBN: 24872
[] SABERIN J. JAMSHED, ESQ., FBN: 88665
Ya SA MARIE LUCENA, ESQ., FBN: 96930
‘ADAM H JACOBSON, ESQ., FBN: 107842
{] FLORENCIA ENGLE, ESQ., FBN: 0018125
WELLS FARGO BANK, N.A., vNORLENE L BROWNE
Internal File No. 36269
Page 4
COMPOSITE EXHIBIT "A" AA Wh)
LYN ACL @)
Consumer Credit Card Customer
Agreement & Disclosure Statement
®
Visa Signature
EN
lin
ii 15
ction. 34
Noti lifornia’ ardholders
To our California customers who have discussed credit
card terms and conditions with us in Spanish, Chinese,
Korean, Vietnamese, or Tagalog
Read Section 34 about interpreter certification
before you activate your credit card.
Lea la Seccién 34 sobre certificacién de
intérprete antes de activar su tarjeta de crédito.
CEH
ERE CaS 34 AON) MRA RCEB, ©
fsto| NSISS PSSSiotA|7| Mol SAA SOl Bt 348s
AA! BEEUICH,
H&y doc Phan 34 vé xdc nhan théng dich vién truéc khi
quy vi kich hoat thé tin dung cua minh.
Basahin ang Seksyon 34 tungkol sa sertipikasyon ng
tagapagsaling-wika bago mo i-activate ang iyong credit
cal
atra ith Us
qa) Agreement. This tract for ‘your credit
card account ("Account") includes the Credit Card
Agreement (“Agreement”), the Important Terms of
Your Credit Card Account and future amendments to
this Agreement. This Agreement is a contract between
Wells Fargo Bank, N.A. and each Account holder. You
and any joint Account holder accept the terms of this
Agreement by using or activating your Account. Please
read this Agreement carefully and keep it for your
records.
(2) Definitions
Page 1
A rate, shown as a percentage,
Annual used to calculate interest on the
Percentage Rate balance on your Account.
(APR)
The time period between
billing statements. Each billing
Billing Cycle or
Billing Period statement shows a statement
closing date which is the last day
of the Billing Cycle.
The transfer of a balance from
Balance Transfer another credit account to your
Account, including the use of
a check that accesses your
Account,
Any cards we issue to you or any
Card devices we allow you to use to
access credit on your Account.
Use of your Card to get cash.
Cash Advance Examples include using your card
for Cash Advances through an
ATM, bank teller or Wells Fargo
Online, Overdraft Protection
advances, Balance Transfers,
or cash-like purchases such as
money orders, wire transfers,
traveler checks, foreign currency,
lottery tickets, casino chips, off-
track wagers, other wagers,
vouchers redeemable for cash or
similar items.
A device, other than your Card,
Credit like SUPERCHECKS™ and mobile
devices, that we allow you to use
Access Device
to access credit on your Account.
A summary of your Account's
Important Terms
APRs, fees and other important
of Your Credit information,
Card Account
The total amount you owe as of aj
statement closing date.
New Balance
The sum of all unpaid amounts,
Outstanding including Purchases, Cash
Advances, Balance Transfers,
Balance
interest, fees and any other
amounts that you may owe us.
The date the Minimum Payment
Payment Due
is due. it will be at least 25 days
Date from the statement closing date
and will be provided on your
billing statement,
Use of your Account to buy or
lease goods or services. Cash
Purchase
Advances, Balance Transfers and
cash-like transactions are not
Purchases. Tax payments and
associated fees are Purchases.
This is the amount that is
available for your use.
Revolving Line Of
Credit
Wells Fargo Bank, N.A.
We, Us, and Our
The Account holder(s) who
opened the Account.
You and Your
Page 2
(3) Contacting You. You agree that we have your
consent to contact you at any phone number, email
address, or mailing address you provide for any
Wells Fargo account or at any number that you call
us from or at any number that we obtain by other
means. Your consent allows us and any companies
working on our behalf to service your account, to
use any means to contact you including: automated
dialing devices, prerecorded/artificial voice messages,
mail, e-mail, text messages, push notifications, and
calls to your cell phone, or any other data or voice
transmission technology. You are responsible for any
service provider charges you may incur as a result
of us contacting you by any means, whether such
charges are related to text, data, equipment or other
plans. You will promptly notify us if you change any
contact information, including your name, mailing
address, e-mail addresses, or phone numbers, If
you have a joint Account, a notice to one of you will
serve as a notice to both of you, We may use voice
recognition technology to verify your identity when
you call. We may capture and store your voiceprint
for this purpose. We may monitor and record any calls
between you and us.
Usi Account
(4) Using Your Account. Yo u may use your
consumer credit card Account for Purchases, Balance
Transfers, Cash Advances and any other transactions
we allow. You promise to use your Account only for
lawful personal, family, or household purposes. We
reserve the right to deny transactions or authorizations
from merchants who may be engaging in the internet
gambling business, We are not responsible for anyone
who refuses to accept your Card or any other Credit
Access Device, We may decline any transaction at
any time. Your credit card may not be used to make a
payment on any other Wells Fargo credit account.
Cash Advances from ATMs, Cash Advances from
ATMs may be limited by amount or frequency. The ATM
owner may have additional restrictions. If the ATM
owner charges any fee, that fee will be included as
part of the total Cash Advance amount.
Cash Advances for Overdraft Protection. You may
elect to have an automatic Cash Advance from your
Account to cover an overdraft on a linked Wells Fargo
checking account. To cover an overdraft on a linked
Wells Fargo checking account, we will advance the
greater of
« the amount of your overdraft; or
* $25.00
Except if
* the amount of available credit on your Card is
less than the amount of the overdraft or less
than $25.00, we will then advance the amount of
available credit.
The APR and fees that apply to overdraft protection
advances are listed in the Important Terms of Your
Credit Card Account. Overdraft protection advances,
interest and fees may cause your Account balance to
exceed your revolving line of credit. If there is more
than one person listed on the checking account (such
as a joint checking account) that you have linked for
overdraft protection, then:
Page 3
* You will be responsible for all overdraft protection
advances regardless of which person writes the
check or engages in any other transaction (such as
a debit card purchase) that causes the overdraft;
and
You agree to allow us to disclose to any other
person on your checking account, that this Card
is tinked to your checking account for overdraft
protection.
We reserve the right to cancel, suspend, or change
your overdraft protection service at any time, for any
reason,
Credit Access Devices. SUPERCHECKS can be used
to access your Account similar to writing a check on a
deposit account. SUPERCHECKS checks will post as a
Balance Transfer only when they are included with a
Balance Transfer offer. If a SUPERCHECKS check is not
included with a Balance Transfer offer it will post as a
Cash Advance. They will include transaction fees and
interest.
Some restrictions apply to SUPERCHECKS:
. They may not be written as payment on any Wells
Fargo account.
They may be used only by the person whose name
is printed on the check.
They must be written in U.S. dollars.
They cannot be certified.
You cannot file a claim against the bank when you
have a dispute with a merchant about payment
for property or services that you paid for using a
SUPERCHECKS check,
We reserve the right to put conditions on the use
of SUPERCHECKS checks and to reject, decline and
return unpaid any SUPERCHECKS check or advance
at our discretion.
Third Party/Mobile Devices. You or an authorized
user may be permitted to load your credit card to
an app on a smart phone, tablet or other electronic
device, such as, through a mobile wallet, which could
be used for purchases or other transactions without
presenting the card, Any such Transactions are covered
by this Agreement. We have ho control over the device
and cannot guarantee the performance of the device.
Additionally:
. You should protect the security of the device
the same as your credit card or other valuable
information,
There may be third party fees related to the
transaction such as mobile carrier data or
messaging charges.
We may, at any time, partially or fully restrict
your ability to make credit transactions through a
third party/mobile device. You agree to notify us
promptly if you remove or want to remove your
Account information from any third party/mobile
device,
(5) Authorized Users. If you wish to have an
additional Card issued in another person's name,
please contact us and we will send you a Card with the
name of the authorized person embossed on the front
of the Card. You are responsible for payment of the
entire amount owed to us, including any Purchases,
Page 4
Balance Transfers or Cash Advances (and all related
Interest and fees) made by the authorized person.
Ending Authorized User Privileges. If you want to
end an authorized user's privilege to use your Account,
you must:
. Recover and destroy that person's Card. If you do
not, you will continue to be liable for any charges
made, even if you've advised us of your wish to
cancel the privileges, unless you tell us to cancel all
Cards and establish a new Account for you.
You must notify us of your request by contacting
us at the number on the back of your Card or by
mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des
Moines, IA 50306.
In general, an authorized person is not obligated on
this Account and is not liable for any Outstanding
Balance or any other charges made by you or by any
other authorized person. In the event of the death of
all fully liable cardholders, authorized users' privilege
ends automatically. After that, if any person uses
the Card, such use indicates his or her agreement
to pay us, and we may, at our discretion, pursue the
person for payment of any Outstanding Balance or
any other charges they authorize. You agree to notify
each authorized person that they are subject to all
applicable sections of this Agreement.
Information about Authorized Users. You agree
to give us certain personal information about each
authorized user. You must have permission from each
authorized user allowing you to give us that personal
information, This may include name, address, social
security number, date of birth and citizenship.
(6) Lost or Stolen Cards and Liability for
Unauthorized Use, and Zero Liability Protection.
You must notify us immediately if your Card or account
information is lost or stolen, or if you believe it's being
used without your permission. You may contact us by
phone at 800-642-4720 or in writing at Wells Fargo
Card Services, PO Box 10347, Des Moines, IA 50306.
You agree to assist us in our investigation of the
matter, If you do this and we find you not responsible,
you will not be held liable for the unauthorized use of
your Account.
(7) Promise to Pay. When you use your Account
or let someone else use It, you promise to pay the
total amount of the Purchases, Cash Advances, and
Balance Transfers, plus all interest, fees and other
amounts that you may owe us. We may limit or close
your Account, but the terms of this Agreement will
apply until you pay the Account in full.
(8) Revolving Line of Credit. We may assign the
following limits to your Account:
Cash Advance Limit. We may restrict the amount of
your revolving line of credit that can be used for Cash
Advances,
Your total revolving line of credit will be provided
with your Credit Card and shows on each of your
billing statements. You promise to use your Account
only to the limits. If you exceed your total revolving
line of credit, we may allow the transaction without
increasing your total revolving line of credit or deny
the transaction. If we allow the transaction, we may
treat that over limit amount as due with the minimum
Page 5
payment on your next statement. If you exceed the
limits, you will still remain liable for all credit you
receive, We can adjust your revolving line of credit at
any time, including automatic credit line increases for
those who qualify.
(9) Authorizations. We don't guarantee approval of
transactions. We reserve the right to deny transactions
for any reason, such as account default, suspected
fraudulent or unlawful activity, internet gambling,
or any indication of increased risk related to the
transaction. If you engage in abuse, misuse or gaming
in connection with earning or using points or attempt
to do so, we may close or restrict your Wells Fargo
credit card(s). Abuse, misuse or gaming includes,
but is not limited to, making multiple purchases and
multiple payments during a billing cycle whereby the
dollar amount for each purchase in the aggregate
substantially exceeds your revolving line of credit. We
also may limit the number of authorizations we allow
during a period of time.
Transactions at some merchants (such as hotels, car
rental companies, restaurants, and gas stations) may
result in temporary authorizations for amounts greater
than the actual Purchase amount. This will make less
credit available on your Account for several days,
usually until the date the actual Purchase amount is
received from the merchant.
If you give your credit card information to a merchant
to bill your account for recurring payments, or to
keep it on file for future purchases or payments, and
your card number, expiration date, or security code
changes, you should notify the merchant with your
new card information. Some card networks provide
update services and receive updated card information
from Wells Fargo. Merchants that participate in such
services will receive updated card Information from
the network for credit cards that you have provided
to the merchant for recurring or future purchases or
payments. We cannot tell you which merchant will
receive updated card information when your card
Information changes. You shauld always provide each
merchant with your new card information because
some merchants do not subscribe to such network
services
Chang ‘This Agreeme'
(10) Change in Terms. We may trance this
Agreement at any time. These changes may apply to
existing and future balances. We will give you advance
written notice of the changes and a right to reject the
changes if required by law, We may require you to
close your Account or take other actions if you reject
the changes.
And Interest
(11) Fees. The following fees. may apply to your
account. If they do apply, you will find the amount in
the Important Terms of Your Credit Card Account. You
agree to pay any fees that apply.
Annual Fee, If your account has an annual fee it will
be charged each year your account is open. The
annual fee will not be billed after your Account is
closed,
Balance Transfer Fee. This fee may be charged on a
Balance Transfer transaction
Page 6
Cash Advance Fee. This fee may be charged on a
Cash Advance from your Account.
Overdraft Protection Advance Fee. This fee may be
charged when an overdraft amount is advanced
to the checking account linked to your Credit Card
Account by you.
Foreign Currency Conversion Fee. If you make a
transaction in a foreign currency, Visa will convert
it into a U.S. dollar amount. A foreign currency
conversion fee may be charged when this is done.
Late Fee. This fee may be charged each time we do
not receive the required Minimum Payment due by
the Payment Due Date.
Returned Check or Returned Payment Fee. This fee
may be charged when a payment is not processed
the first time or is returned unpaid.
Rush Plastic Fee. This fee may be charged if you
requested expedited delivery for your credit card,
Additional fees may be charged if agreed between
you and us. All fees will be added to the Purchases
balance, except Cash Advance fees and Overdraft
Protection fees which will be added to the Cash
Advance balance on your Account.
(12) Foreign Currency Transactions.
If you make a transaction in a currency other than
U.S. dollars using a Visa Card, then Visa International
"Visa" will convert the charge into a U.S. dollar
amount. The exchange rate between the transaction
currency and the billing currency used for processing
international transactions is either (a) a rate selected
by Visa from the range of rates available in wholesale
currency markets for the applicable central processing
date, which rate may vary from the rate Visa itself
receives, or (b) the government-mandated rate in
effect for the applicable central processing date. The
currency conversion rate for the processing date
may differ from the rate in effect on the date of the
transaction or the date the transaction is posted to
your Account.
Point of Sale Conversion. Some merchants outside
the United States offer cardholders the option of
having Card transactions converted to U.S, dollars by
Visa, as described above, or by the merchant itself. If
the latter option is chosen, the currency conversion
rate is determined solely by the merchant involved in
the transaction, and no foreign currency conversion fee
is charged by the bank for the transaction.
(13) Rates. The following sections describe how we
calculate the interest you owe each Billing Period. The
Important Terms of Your Credit Card Account list the
APRs that apply to different types of balances.
Introductory Rates. Your account may be eligible
for introductory rates. This would be described in the
Important Terms of Your Credit Card Account. If you
are offered a promotional rate after your account is
opened, the terms will be provided at that time. After
any introductory or promotional rates expire, the
remaining balances will be subject to the applicable
Standard or Standard Variable APR terms.
How we Calculate your Standard Variable APRs.
If your account has a variable rate the APR will vary
based on the U.S. Prime Rate plus the applicable
Page 7
“Margin”. See the Important Terms of Your Credit
Card Account for the "Margin" on Purchases, Balance
Transfers, Cash Advances, and overdraft protection
advances, and daily periodic rates that apply to your
Account. For each Billing Period, we use the U.S. Prime
Rate or the average of the U.S. Prime Rates (if there
is more than one) published in the “Money Rates"
column of The Wail Street Journal three business days
prior to your billing statement closing date. If the U.S.
Prime Rate is no longer published or is not available,
we may select a similar index. A change in the APR
may increase or decrease the total amount of interest
you pay and your Minimum Payment due. If the APR
changes due to a change in the U.S, Prime Rate,
the new APR will apply to both existing and future
balances on the first day of your Billing Cycle. The APR
will continue to vary even if your Account is closed.
Standard APRs. If your Account is subject to
Standard APRs, the Standard APRs will not vary with
the market based on the U. S. Prime Rate. However,
we may change the Standard APRs from time to time
in accordance with the Change In Terms information
described in section 10. The rates that apply to your
account are listed in the Important Terms of Your
Credit Card Account.
Daily Periodic Rates. The daily periodic rates are
calculated by dividing each applicable APR by 365.
(14) Minimum Interest Charge. Your account may
have a Minimum Interest Charge. See The Important
Terms of Your Credit Card Account for the applicable
charge.
(15) When we Charge Interest. For most
transactions, interest will be charged beginning on
the date a transaction is made on your account. We
charge interest on a fee beginning on the first day of
the Billing Cycle following the Billing Cycle in which the
fee posted to your Account.
(16) Here's how and when specific Transactions,
fees and credits are applied:
. We add the amount of a Purchase or Balance
Transfer to the Purchase balance as of the
transaction date shown on your statement.
We add Balance Transfer fees to the Purchase
balance as of the transaction date shown on your
statement.
We add the amount of a Cash Advance to the Cash
Advance balance as of the transaction date shown
on your statement.
We add Cash Advance Fees to the Cash Advance
balance as of the transaction date shown on your
statement.
We add the amount of any Overdraft Protection
advance to the Cash Advance balance as of the
transaction date shown on your statement.
(17) How we Calculate Interest. We begin by
calculating the daily balance of each Transaction
category. Next we calculate the Average Daily Balance
(ADB). Finally, we calculate the interest. See each
section below for details.
1. Calculating the daily balance: the daily balance
is calculated separately for each Transaction
category. We start with the daily balance from
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the end of the previous day, We add in any new
Transactions and other charges, including interest
accrued on the previous day's balance. This means
interest is compounded daily, We then subtract any
payments or credits.
Example for the Purchase Transaction category:
Daily balance for purchases from the previous day
+ New purchases
+ Fees and interest accrued on the previous day's
Transaction category balance
- Payments, credits and adjustments that posted
that day
= New daily balance for Purchases
2. Calculating the Average Daily Balance (ADB):
we add up all the daily balances for the Billing Cycle
starting with the beginning balance of the first day
of the Billing Cycle. This beginning balance will
include any unpaid fees from the previous Billing
Cycle and any late fees incurred during the current
Billing Cycle. Any daily balance that is a credit
balance is treated as zero. We divide this amount by
the number of days in the Billing Cycle.
ADB = sum of daily balances + umber of days in
the Billing Cycle
3. Interest Calculation: we calculate the interest
charge for each type of balance by applying the
daily periodic rate to the ADB and multiplying this
by the number of days in the Billing Cycle.
Interest Charge = daily periodic rate x ADB x
number of days in Billing Cycle
(18) Grace Period. To avoid paying interest on new
Purchases you have to pay your entire New Balance by
the Due Date on your statement each Billing Period.
You cannot avoid interest on Cash Advances or Balance
‘Transfers. Your due date will be at least 25 days from
the statement closing date and will be provided on
your billing statement.
HN ta’ ints An its
(sg) Billing Statements. If you have a balance on
your account you will receive a billing statement. Your
billing statement will show your Minimum Payment due
and the Payment Due Date.
(20) Payments. You may pay ail or part of your
Account balance at any time, but you must pay the
Minimum Payment, disclosed on your billing statement,
by the Payment Due Date.
Minimum Payment. Your Minimum Payment Due
includes any amount past due plus the greater of:
1. The sum of late, returned check, returned payment,
rush plastic, and annual fees and interest billed
during the Billing Cycle for which the Minimum
Payment is calculated plus 1% of the New Balance
shown on the billing statement; or
2. $25.00 (or the entire balance on the Account if the
New Balance is less than $25.00).
We require you to pay any amount over the limit of
your credit card account. However, that amount is not
included in your Minimum Payment Due.
Page 9
The Minimum Payment is rounded-up to the next
highest whole dollar amount, Credits will not be used
to meet the Minimum Payment.
Payment Instructions. Follow these instructions
when making a payment:
1. You must pay in U.S. dollars.
. Payment must be made with a personal check,
money order or cashier's check and must be issued
by a bank in the United States.
3. Electronic payments are accepted.
4 Do not mail cash.
If you mail your payment, please mail to the payment
address provided on your billing statement using the
envelope and payment coupon enclosed. Payments
received by 5:00 p.m. at the location your payment is
jailed to will be credited as of the date of receipt. If
received after 5:00 p.m. they will be credited on the
following day. Payments made through Wells Fargo
Online Banking at wellsfargo.com will be credited
based on the cutoff time disclosed at the time of the
transaction. If you do not follow these instructions your
payment may not be credited for up to five days after
we receive it.
Checks or other paper documents may be converted
to an electronic transaction through procedures
established by the National Automated Clearing House
Association. In this case, the original check or other
document that you send to us will not be retained, but
a copy would be available if requested,
Some of your available fine of credit may be held, at
our discretion, until your payment is honored.
You cannot pay this account using a Wells Fargo Bank,
N.A. credit or foan account or any Wells Fargo affiliated
company credit or loan account. You cannot use any
SUPERCHECKS checks to make any payment on this
Account,
Generally, we will apply your Minimum Payment first
to lower APR balances (such as Purchases) before
balances with higher APRs (such as Cash Advances).
Payments made in excess of the Minimum Payment will
be applied to balances with higher APRs first before
balances with lower ones,
We post payments to the Billing Cycle within which
they are received. Any payment in excess of the
Minimum Payment due is applied based on the
balances reflected on your last billing statement.
Irregular Payments. If you intend to pay your
Account in full with an amount less than the
Outstanding Balance, payments must be sent to: Wells
Fargo, P.O. Box 10311, Des Moines, IA 50306-0311.
Please note that if we accept such payments we have
every right to pursue full payment,
Other Important Information |
(21) Default / Immediate Repayment of Balance
in Full. Your Account will be in default, and we may
require immediate payment of your total Account if:
» You fail to pay a Minimum Payment by the Payment
Due Date;
Page 10
Any payment is returned;
You don't honor the terms of this Agreement;
You made an untrue statement on your
application; OR
. You file for bankruptcy.
If this is a joint Account, a default by one of you will be
a default by ail of you.
We may prevent further transactions and we may close
your Account and other Wells Fargo Accounts. If your
account is in default you agree to pay our collection
costs, attorney's fees, and court costs incurred in
enforcing our rights under this agreement.
(22) Re-Verification of Credit Information. We can
review any information you provided on your credit
application at any time, This may include:
« Requesting credit bureau reports;
¢ Verifying your current credit standing;
* Verifying your employment, assets and income
records.
(23) California Residents. We may also obtain
information at any time from the California
Department of Motor Vehicles. You agree to waive the
address confidentiality requirements section of the
California Vehicle Code (Section 1808.21).
(24) Cancellation. We may close your Account at
any time and for any reason. You may also close the
Account at any time. If that happens, you must still
repay the balance owed according to the terms of this
Agreement. Joint Accounts may be canceled by either
Account Holder. If we close the account, notice may be
provided to only one Account Holder.
(25) Separation of Unlawful Provisions. If
any provision of this Agreement is found to be
unenforceable, all other provisions of the Agreement
will remain in effect.
(26) Enforcement Rights. We may waive or delay
enforcing any of our rights without losing them. A
court decree for divorce or separation or an out-of-
court mutual agreement does not affect any of our
rights to enforce this Agreement.
(27) Phone Monitoring. We may monitor and record
any of your phone calis with us.
(28) Information Reporting. We may report
information about you to consumer reporting agencies.
The information that we report to consumer reporting
agencies may include:
. Account history;
. Account performance;
. Account status;
. Any violations of your account; and
. Any violations of the terms of this Agreement.
The same information may be reported to the
consumer reporting agencies for any additional
card holders. You may dispute the accuracy of the
information that we report to consumer reporting
agencies by writing to us at Wells Fargo Credit Bureau
Dispute Resolution, P.O. Box 14517, Des Moines,
TA 50306-3517. Please describe the information in
detail that you believe is inaccurate and provide any
Page 11
supporting documents with your dispute. If your
dispute relates to identity theft, you will need to
provide us with an identity theft report.
(29) Assignment. We may assign your Account and
any or all rights and obligations under the Agreement
to a third party. You may not assign your Account or
any of your obligations under the Agreement.
(30) Governing Law. Federal law and the laws
of South Dakota govern this Agreement and your
account.
Arbitration -
(31) Dispute Resolution ‘program: Arbitration
Agreement.
a. Binding Arbitration. You and Wells Fargo Bank,
N.A. (the "Bank") agree that if a Dispute arises
between you and the Bank, upon demand by either
you or the Bank, the Dispute shall be resolved by
the following arbitration process. The foregoing
notwithstanding, the Bank shall not initiate an
arbitration to collect a consumer debt, but reserves
the right to arbitrate all other disputes with its
consumer customers. A "Dispute" is any unresolved
disagreement between you and the Bank. It
includes any disagreement relating in any way to
the Card or related services, Accounts, or matters;
to your use of any of the Bank's banking locations
or facilities; or to any means you may use to access
the Bank. It includes claims based on broken
promises or contracts, torts, or other wrongful
actions, It also includes statutory, common law,
and equitable claims. A Dispute also includes any
disagreements about the meaning or application
of this Arbitration Agreement. This Arbitration
Agreement shall survive the payment or closure of
your Account. YOU UNDERSTAND AND AGREE
THAT YOU AND THE BANK ARE WAIVING THE
RIGHT TO A JURY TRIAL OR TRIAL BEFORE
A JUDGE IN A PUBLIC COURT. As the sole
exception to this Arbitration Agreement, you
and the Bank retain the right to pursue in smalt
claims court any Dispute that is within that court’:
jurisdiction. If either you or the Bank fails to submit
to binding arbitration following lawful demand,
the party so failing bears all costs and expenses
incurred by the other in compelling arbitration,
b, Arbitration Procedure; Severability. Either
you or the Bank may submit a Dispute to
binding arbitration at any time notwithstanding
that a lawsuit or other proceeding has been
previously commenced. NEITHER YOU NOR
THE BANK SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE DISPUTES BY OR AGAINST
OTHERS IN ANY ARBITRATION, OR TO
INCLUDE IN ANY ARBITRATION ANY DISPUTE
AS A REPRESENTATIVE OR MEMBER OF A
CLASS, OR TO ACT IN ANY ARBITRATION
IN THE INTEREST OF THE GENERAL PUBLIC
OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. Each arbitration, including the selection
of the arbitrator(s), shall be administered by
the American Arbitration Association (AAA), or
such other administrator as you and the Bank
may mutually agree to (the AAA or such other
mutually agreeable administrator to be referred
to hereinafter as the "Arbitration Administrator"),
Page 12
according to the Commercial Arbitration Rules and
the Supplemental Procedures for Consumer Related
Disputes ("AAA Rules”), To the extent that there
is any variance between the AAA Rules and this
Arbitration Agreement, this Arbitration Agreement
shall control. Arbitrator(s) must be members of
the state bar where the arbitration is held, with
expertise in the substantive laws applicable to the
subject matter of the Dispute. No arbitrator or other
party to an arbitration proceeding may disclose the
existence, content, or results thereof, except for
disclosures of information by a party required in
the ordinary course of its business or by applicable
law or regulation. You and the Bank (the “Parties")
agree that in this relationship: (1) The Parties are
participating in transactions involving interstate
commerce; and (2) This Arbitration Agreement
and any resulting arbitration are governed by the
provisions of the Federal Arbitration Act (Title 9 of
the United States Code), and, to the extent any
provision of that Act is inapplicable, unenforceable
or invalid, the laws of the state of South Dakota. If
any of the provisions of this Arbitration Agreement
dealing with class action, class arbitration, private
attorney general action, other representative action,
joinder, or consolidation is found to be illegal or
unenforceable, that invalid provision shall not be
severable and this entire Arbitration Agreement
shall be unenforceable.
ca Rights Preserved. This Arbitration Agreement
does not prohibit the Parties from exercising any
lawful rights or using other available remedies to
preserve, foreclose, or obtain possession of real
or personal property; exercise self-help remedies,
including setoff and repossession rights; or obtain
provisional or ancillary remedies such as injunctive
relief, attachment, garnishment, or the appointment
of a receiver by a court of competent jurisdiction
y statute of limitations applicable to any Dispute
applies to any arbitration between the Parties.
The provisions of this Arbitration Agreement shall
survive termination, amendment, or expiration of
the Card or any other relationship between you and
the Bank.
Fees and Expenses of Arbitration. Arbitration
fees shall be determined by the rules or procedures
of the Arbitration Administrator, unless limited by
applicable law. Please check with the Arbitration
Administrator to determine the fees applicable to
any arbitration you may file, If the applicable law of
the state in which you opened your Account limits
the amount of fees and expenses to be paid by
you, then no allocation of fees and expenses to you
shall exceed this limitation. Untess inconsistent with
applicable law, each of us shall bear the expense
of our own attorney, expert and witness fees,
regardless of which of us prevails in the arbitration.
Military Lending Act. The Arbitration Agreement
may not apply to you if you are a covered borrower.
Please see The Military Lending Act Notice in the
Agreement for more information.
: Billing Rights
Keep This Notice For Future Use. This notice tells
you about your rights and our responsibilities under
the Fair Credit Billing Act.
Page 13
(32) 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:
Wells Fargo Card Services
P.O, Box 522
Des Moines, IA 50306-0522
In your letter, give us the following information:
. Your name and Account number;
. The date and dollar amount of the suspected error.
. If you think there is an error on your bill, describe
what you believe is wrong and why you believe it is
a mistake.
You must contact us:
. Within 60 days after the error appeared on your
statement.
. At least 3 business days before an automated
payment is scheduled, if you want to stop payment
on the amount you think is wrong.
You must notify us of any potential errors in writing
at the address above. You may notify using other
ways (including telephone), but if you do we are not
required to investigate any potential errors and you
may have 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 bill is 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.
We can apply any unpaid amount against your
revolving line of credit.
After we finish our investigation, one of two things will
happen:
. If we made a mistake: You will not have to pay the
amount in question or any interest or other fees
related to that amount.
If we 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
Preview
Case Number: COSO-20-010664 Division: 61 Filing # 115141871 E-Filed 10/16/2020 08:57:38 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA WELLS FARGO BANK, N.A. Plaintiff, VS. NORLENE L BROWNE Defendant(s), CASE NO.: COMPLAINT FOR DAMAGES AND/OR AN ACTION TO COLLECT A DEBT COMES NOW, the Plaintiff, WELLS FARGO BANK, N.A., formed under the Laws of the United States, transacting business by the instrumentality of interstate commerce as authorized under the United States Code, and sues the Defendant(s), NORLENE L BROWNE and states the following: JURISDICTION 1 This Court has jurisdiction over this dispute as this Complaint seeks damages that are within the Jurisdictional limits of this Court; exclusive of court costs and attorneys' fees. 2. Defendant(s) is/are amenable to jurisdiction in Florida because the Defendant(s) reside in Florida, conduct substantial business in Florida, breached a contract within Florida, and/or committed all acts and omissions stated in the Complaint in Florida. 3 Pursuant to Florida Statute § 47.011 and/or 47.021, venue is proper in BROWARD County. GENERAL ALLEGATIONS Plaintiff re-alleges paragraphs 1 through 3 above and further states that: 4 The Plaintiff, at all times material hereto is a corporation formed, organized and existing under and by virtue of the laws of the United States, transacting business by and through the instrumentality of interstate commerce, by the issuance of credit. 5 All conditions precedent have been performed or have occurred. 6. This is a Complaint for damages as a result of non-payment of a credit card. The laws promulgated for the regulation of such credit transactions described herein are governed by 15 U.S.C. § 1601, etsep. The rules for same are codified under the Code of Federal Regulations (all references hereinafter to C.F.R. shall mean code of Federal Regulations) as created under the authority if the Federal Reserve Board under 12 C.F.R. Pt. 226 and are dispositive of such transactions. Rossman v Fleet Bank (R.I.) National Association, 280 F.3d 384 (3% C.A., 2001). Page | #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/16/2020 08:57:36 PM.**** 7. The Defendant(s) [a cardholderas defined by 12 CER § 226.2 (a\(8)] obtained a credit card [as defined by 12 C.F.R. § 226.2 (a)(15)] account from Plaintiff, a credit grantor [a card issuer as defined by 12 CER. § 226.2 (a)(17)] on or about 08/30/2006 under account number ending in I, which was used by Defendant (s), after all disclosures, (pursuant to 12 C.F.R. § 226.5). Attached hereto is a copy of the applicable Credit Card Account Agreement and Disclosure under the Federal Truth-in-Lending Act, as Composite Exhibit "A" and incorporated herein by reference. 8 The Defendant(s) used the credit card and took advances on same to purchase goods/and or cash advances and was sent a payment reminder for each billing cycle (pursuant to 12 C.F.R. § 226.2 (a)(4)(4) & 12 C.F.R. § 226.5 (b\(2)(1)., and the use of same by the Defendant (s) herein constituted a promise to repay same, and the Defendant (s) accepted the benefits thereof. 9 All periodic payment statements forwarded to the Defendant(s) by the Plaintiff pursuant to 12 CER. § 226.2 (a)(4)(4) & 12 C.E.R. § 226.5 (b)(2)(1) disclosed to the Defendant(s) their billing rights and the Defendant(s) did not notify the Plaintiff of any errant transactions [pursuant to 12 C.F.R. § 226.12 (b)(3), or 12 C.F.R. § 226.13] and as result thereof is liable for all changes on the account and has waived any defenses to the sum due. 10. The Defendant(s) defaulted by non-payment of the account. Notwithstanding the Plaintiff having forwarded to the Defendant(s) statement(s) of the account, Defendant has failed and refused to pay same. See Composite Exhibit "B." 11. As a result of the Defendant’s actions, the Plaintiff has been required to retain the undersigned Law Firm for the purposes of prosecuting its claim against the Defendant, and is entitled to a reasonable attorney’s fee pursuant to the disclosures made to the defendant(s) [pursuant to 12 C.F.R. § 226.12 (b)(3), or 12 C.F.R. § 226.13], and court costs, COUNT I ACTION AGAINST CREDIT HOLDER TO RECOVER BALANCE DUE PURSUANT TO CREDIT CARD ACCOUNT AGREEMENT Plaintiff re-alleges paragraphs 1 through 11 above and further states: 12, Pursuant to the terms of the Credit Card Account Agreement, the Defendant(s) agreed to pay promptly on rendition ofa statement for all charges made with Defendant’s credit pursuant to the installment terms stated therein. See Composite Exhibit "A." 13, Plaintiff has duly performed all conditions of the Credit Card Account Agreement to be performed by the Plaintiff under its terms with the Defendant(s). 14, On various occasions, from time to time, the credit issued to the Defendant(s) by the Plaintiff was used by the Defendant(s) or others (with Defendant’s consent) to make purchases of merchandise or services, or the issuance of cash advances which purchases were paid by the Plaintiff under its credit program, or to obtain cash advances from the Plaintiff. 15. The Defendant(s) is/are indebted to the Plaintiff in the sum of $20757.74, being the balance due on the account. See Composite Exhibit "B." Page 2 16, Demands have been made by the Plaintiff for the payment of the sums in issue and the Defendant(s) has/have failed and refused to make payment as required in accordance with the terms of the credit agreement. WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court enter a judgment against the Defendant(s) in the amount of $20757.74 award Plaintiff attorneys’ fees and court costs, and any further relief that this Court deems just and proper. COUNT II CREDIT ACCOUNT STATED Plaintiff re-alleges paragraphs 1 through 10 above and further states that this Count is being plead as an alternative theory of relief to Count 1: 17. Before the institution of this action Plaintiff and Defendant has business transactions between them and they agreed to the resulting balance. 18. Plaintiff rendered statements of it to Defendant(s) as indicated by the statement(s) attached hereto as Composite Exhibit "B" of which is comprised of the account showing items, time of accrual of each, and amount of each, and Defendant(s) did not object to the same. 19. Defendant(s) owe(s) Plaintiff $20757.74. WHEREFORE, all premises considered, the Plaintiff herein demands that this Honorable Court enter a judgment against the Defendant(s) in the amount of $20757.74, including but not limited to court costs and any further relief that this Court deems just and proper. THIS SPACE INTENTIONALLY LEFT BLANK Page 3 DESIGNATION OF PRIMARY E-MAIL ADDRESS In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff hereby designates eservice|@naderpourlaw.com as their primary e-mail address and eservice2@naderpourlaw.com as their secondary e-mail address. NADERPOUR & ASSOCIATES, P.A. Attorneys for the Plaintiff 2743 Hollywood Blvd. Hollywood, FL 33020 Tel.: (954) 926-4233 Fax: (954) 926-4238 Primary Service Email Address: i (SCAULMAL eservicel@naderpourlaw.com By: [{] AMIR NADERPOUR, ESQ., FBN: 70262 [] JODI M. FOX, ESQ. FBN: 24872 [] SABERIN J. JAMSHED, ESQ., FBN: 88665 Ya SA MARIE LUCENA, ESQ., FBN: 96930 ‘ADAM H JACOBSON, ESQ., FBN: 107842 {] FLORENCIA ENGLE, ESQ., FBN: 0018125 WELLS FARGO BANK, N.A., vNORLENE L BROWNE Internal File No. 36269 Page 4 COMPOSITE EXHIBIT "A" AA Wh) LYN ACL @) Consumer Credit Card Customer Agreement & Disclosure Statement ® Visa Signature EN lin ii 15 ction. 34 Noti lifornia’ ardholders To our California customers who have discussed credit card terms and conditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog Read Section 34 about interpreter certification before you activate your credit card. Lea la Seccién 34 sobre certificacién de intérprete antes de activar su tarjeta de crédito. CEH ERE CaS 34 AON) MRA RCEB, © fsto| NSISS PSSSiotA|7| Mol SAA SOl Bt 348s AA! BEEUICH, H&y doc Phan 34 vé xdc nhan théng dich vién truéc khi quy vi kich hoat thé tin dung cua minh. Basahin ang Seksyon 34 tungkol sa sertipikasyon ng tagapagsaling-wika bago mo i-activate ang iyong credit cal atra ith Us qa) Agreement. This tract for ‘your credit card account ("Account") includes the Credit Card Agreement (“Agreement”), the Important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Page 1 A rate, shown as a percentage, Annual used to calculate interest on the Percentage Rate balance on your Account. (APR) The time period between billing statements. Each billing Billing Cycle or Billing Period statement shows a statement closing date which is the last day of the Billing Cycle. The transfer of a balance from Balance Transfer another credit account to your Account, including the use of a check that accesses your Account, Any cards we issue to you or any Card devices we allow you to use to access credit on your Account. Use of your Card to get cash. Cash Advance Examples include using your card for Cash Advances through an ATM, bank teller or Wells Fargo Online, Overdraft Protection advances, Balance Transfers, or cash-like purchases such as money orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off- track wagers, other wagers, vouchers redeemable for cash or similar items. A device, other than your Card, Credit like SUPERCHECKS™ and mobile devices, that we allow you to use Access Device to access credit on your Account. A summary of your Account's Important Terms APRs, fees and other important of Your Credit information, Card Account The total amount you owe as of aj statement closing date. New Balance The sum of all unpaid amounts, Outstanding including Purchases, Cash Advances, Balance Transfers, Balance interest, fees and any other amounts that you may owe us. The date the Minimum Payment Payment Due is due. it will be at least 25 days Date from the statement closing date and will be provided on your billing statement, Use of your Account to buy or lease goods or services. Cash Purchase Advances, Balance Transfers and cash-like transactions are not Purchases. Tax payments and associated fees are Purchases. This is the amount that is available for your use. Revolving Line Of Credit Wells Fargo Bank, N.A. We, Us, and Our The Account holder(s) who opened the Account. You and Your Page 2 (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any companies working on our behalf to service your account, to use any means to contact you including: automated dialing devices, prerecorded/artificial voice messages, mail, e-mail, text messages, push notifications, and calls to your cell phone, or any other data or voice transmission technology. You are responsible for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans. You will promptly notify us if you change any contact information, including your name, mailing address, e-mail addresses, or phone numbers, If you have a joint Account, a notice to one of you will serve as a notice to both of you, We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and record any calls between you and us. Usi Account (4) Using Your Account. Yo u may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business, We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device, We may decline any transaction at any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMs, Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part of the total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of « the amount of your overdraft; or * $25.00 Except if * the amount of available credit on your Card is less than the amount of the overdraft or less than $25.00, we will then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed your revolving line of credit. If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: Page 3 * You will be responsible for all overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and You agree to allow us to disclose to any other person on your checking account, that this Card is tinked to your checking account for overdraft protection. We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason, Credit Access Devices. SUPERCHECKS can be used to access your Account similar to writing a check on a deposit account. SUPERCHECKS checks will post as a Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They will include transaction fees and interest. Some restrictions apply to SUPERCHECKS: . They may not be written as payment on any Wells Fargo account. They may be used only by the person whose name is printed on the check. They must be written in U.S. dollars. They cannot be certified. You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS check, We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at our discretion. Third Party/Mobile Devices. You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or other transactions without presenting the card, Any such Transactions are covered by this Agreement. We have ho control over the device and cannot guarantee the performance of the device. Additionally: . You should protect the security of the device the same as your credit card or other valuable information, There may be third party fees related to the transaction such as mobile carrier data or messaging charges. We may, at any time, partially or fully restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you remove or want to remove your Account information from any third party/mobile device, (5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, Page 4 Balance Transfers or Cash Advances (and all related Interest and fees) made by the authorized person. Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account, you must: . Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel all Cards and establish a new Account for you. You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA 50306. In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Balance or any other charges made by you or by any other authorized person. In the event of the death of all fully liable cardholders, authorized users' privilege ends automatically. After that, if any person uses the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person that they are subject to all applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain personal information about each authorized user. You must have permission from each authorized user allowing you to give us that personal information, This may include name, address, social security number, date of birth and citizenship. (6) Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protection. You must notify us immediately if your Card or account information is lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 800-642-4720 or in writing at Wells Fargo Card Services, PO Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter, If you do this and we find you not responsible, you will not be held liable for the unauthorized use of your Account. (7) Promise to Pay. When you use your Account or let someone else use It, you promise to pay the total amount of the Purchases, Cash Advances, and Balance Transfers, plus all interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full. (8) Revolving Line of Credit. We may assign the following limits to your Account: Cash Advance Limit. We may restrict the amount of your revolving line of credit that can be used for Cash Advances, Your total revolving line of credit will be provided with your Credit Card and shows on each of your billing statements. You promise to use your Account only to the limits. If you exceed your total revolving line of credit, we may allow the transaction without increasing your total revolving line of credit or deny the transaction. If we allow the transaction, we may treat that over limit amount as due with the minimum Page 5 payment on your next statement. If you exceed the limits, you will still remain liable for all credit you receive, We can adjust your revolving line of credit at any time, including automatic credit line increases for those who qualify. (9) Authorizations. We don't guarantee approval of transactions. We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in abuse, misuse or gaming in connection with earning or using points or attempt to do so, we may close or restrict your Wells Fargo credit card(s). Abuse, misuse or gaming includes, but is not limited to, making multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggregate substantially exceeds your revolving line of credit. We also may limit the number of authorizations we allow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may result in temporary authorizations for amounts greater than the actual Purchase amount. This will make less credit available on your Account for several days, usually until the date the actual Purchase amount is received from the merchant. If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on file for future purchases or payments, and your card number, expiration date, or security code changes, you should notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that participate in such services will receive updated card Information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card Information changes. You shauld always provide each merchant with your new card information because some merchants do not subscribe to such network services Chang ‘This Agreeme' (10) Change in Terms. We may trance this Agreement at any time. These changes may apply to existing and future balances. We will give you advance written notice of the changes and a right to reject the changes if required by law, We may require you to close your Account or take other actions if you reject the changes. And Interest (11) Fees. The following fees. may apply to your account. If they do apply, you will find the amount in the Important Terms of Your Credit Card Account. You agree to pay any fees that apply. Annual Fee, If your account has an annual fee it will be charged each year your account is open. The annual fee will not be billed after your Account is closed, Balance Transfer Fee. This fee may be charged on a Balance Transfer transaction Page 6 Cash Advance Fee. This fee may be charged on a Cash Advance from your Account. Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you. Foreign Currency Conversion Fee. If you make a transaction in a foreign currency, Visa will convert it into a U.S. dollar amount. A foreign currency conversion fee may be charged when this is done. Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. Rush Plastic Fee. This fee may be charged if you requested expedited delivery for your credit card, Additional fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance on your Account. (12) Foreign Currency Transactions. If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions converted to U.S, dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined solely by the merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank for the transaction. (13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Important Terms of Your Credit Card Account list the APRs that apply to different types of balances. Introductory Rates. Your account may be eligible for introductory rates. This would be described in the Important Terms of Your Credit Card Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms. How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rate plus the applicable Page 7 “Margin”. See the Important Terms of Your Credit Card Account for the "Margin" on Purchases, Balance Transfers, Cash Advances, and overdraft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use the U.S. Prime Rate or the average of the U.S. Prime Rates (if there is more than one) published in the “Money Rates" column of The Wail Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer published or is not available, we may select a similar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due to a change in the U.S, Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle. The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the Important Terms of Your Credit Card Account. Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365. (14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge. (15) When we Charge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the Billing Cycle following the Billing Cycle in which the fee posted to your Account. (16) Here's how and when specific Transactions, fees and credits are applied: . We add the amount of a Purchase or Balance Transfer to the Purchase balance as of the transaction date shown on your statement. We add Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement. We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your statement. We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement. We add the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement. (17) How we Calculate Interest. We begin by calculating the daily balance of each Transaction category. Next we calculate the Average Daily Balance (ADB). Finally, we calculate the interest. See each section below for details. 1. Calculating the daily balance: the daily balance is calculated separately for each Transaction category. We start with the daily balance from Page 8 the end of the previous day, We add in any new Transactions and other charges, including interest accrued on the previous day's balance. This means interest is compounded daily, We then subtract any payments or credits. Example for the Purchase Transaction category: Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Transaction category balance - Payments, credits and adjustments that posted that day = New daily balance for Purchases 2. Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycle starting with the beginning balance of the first day of the Billing Cycle. This beginning balance will include any unpaid fees from the previous Billing Cycle and any late fees incurred during the current Billing Cycle. Any daily balance that is a credit balance is treated as zero. We divide this amount by the number of days in the Billing Cycle. ADB = sum of daily balances + umber of days in the Billing Cycle 3. Interest Calculation: we calculate the interest charge for each type of balance by applying the daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle. Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance ‘Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing statement. HN ta’ ints An its (sg) Billing Statements. If you have a balance on your account you will receive a billing statement. Your billing statement will show your Minimum Payment due and the Payment Due Date. (20) Payments. You may pay ail or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of: 1. The sum of late, returned check, returned payment, rush plastic, and annual fees and interest billed during the Billing Cycle for which the Minimum Payment is calculated plus 1% of the New Balance shown on the billing statement; or 2. $25.00 (or the entire balance on the Account if the New Balance is less than $25.00). We require you to pay any amount over the limit of your credit card account. However, that amount is not included in your Minimum Payment Due. Page 9 The Minimum Payment is rounded-up to the next highest whole dollar amount, Credits will not be used to meet the Minimum Payment. Payment Instructions. Follow these instructions when making a payment: 1. You must pay in U.S. dollars. . Payment must be made with a personal check, money order or cashier's check and must be issued by a bank in the United States. 3. Electronic payments are accepted. 4 Do not mail cash. If you mail your payment, please mail to the payment address provided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the location your payment is jailed to will be credited as of the date of receipt. If received after 5:00 p.m. they will be credited on the following day. Payments made through Wells Fargo Online Banking at wellsfargo.com will be credited based on the cutoff time disclosed at the time of the transaction. If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be available if requested, Some of your available fine of credit may be held, at our discretion, until your payment is honored. You cannot pay this account using a Wells Fargo Bank, N.A. credit or foan account or any Wells Fargo affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on this Account, Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum Payment will be applied to balances with higher APRs first before balances with lower ones, We post payments to the Billing Cycle within which they are received. Any payment in excess of the Minimum Payment due is applied based on the balances reflected on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to: Wells Fargo, P.O. Box 10311, Des Moines, IA 50306-0311. Please note that if we accept such payments we have every right to pursue full payment, Other Important Information | (21) Default / Immediate Repayment of Balance in Full. Your Account will be in default, and we may require immediate payment of your total Account if: » You fail to pay a Minimum Payment by the Payment Due Date; Page 10 Any payment is returned; You don't honor the terms of this Agreement; You made an untrue statement on your application; OR . You file for bankruptcy. If this is a joint Account, a default by one of you will be a default by ail of you. We may prevent further transactions and we may close your Account and other Wells Fargo Accounts. If your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights under this agreement. (22) Re-Verification of Credit Information. We can review any information you provided on your credit application at any time, This may include: « Requesting credit bureau reports; ¢ Verifying your current credit standing; * Verifying your employment, assets and income records. (23) California Residents. We may also obtain information at any time from the California Department of Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code (Section 1808.21). (24) Cancellation. We may close your Account at any time and for any reason. You may also close the Account at any time. If that happens, you must still repay the balance owed according to the terms of this Agreement. Joint Accounts may be canceled by either Account Holder. If we close the account, notice may be provided to only one Account Holder. (25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. (26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of- court mutual agreement does not affect any of our rights to enforce this Agreement. (27) Phone Monitoring. We may monitor and record any of your phone calis with us. (28) Information Reporting. We may report information about you to consumer reporting agencies. The information that we report to consumer reporting agencies may include: . Account history; . Account performance; . Account status; . Any violations of your account; and . Any violations of the terms of this Agreement. The same information may be reported to the consumer reporting agencies for any additional card holders. You may dispute the accuracy of the information that we report to consumer reporting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box 14517, Des Moines, TA 50306-3517. Please describe the information in detail that you believe is inaccurate and provide any Page 11 supporting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party. You may not assign your Account or any of your obligations under the Agreement. (30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account. Arbitration - (31) Dispute Resolution ‘program: Arbitration Agreement. a. Binding Arbitration. You and Wells Fargo Bank, N.A. (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. It includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to access the Bank. It includes claims based on broken promises or contracts, torts, or other wrongful actions, It also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in smalt claims court any Dispute that is within that court’: jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration, b, Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the "Arbitration Administrator"), Page 12 according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules”), To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the “Parties") agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable. ca Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction y statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment, or expiration of the Card or any other relationship between you and the Bank. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file, If the applicable law of the state in which you opened your Account limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Untess inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration. Military Lending Act. The Arbitration Agreement may not apply to you if you are a covered borrower. Please see The Military Lending Act Notice in the Agreement for more information. : Billing Rights Keep This Notice For Future Use. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. Page 13 (32) 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: Wells Fargo Card Services P.O, Box 522 Des Moines, IA 50306-0522 In your letter, give us the following information: . Your name and Account number; . The date and dollar amount of the suspected error. . If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: . Within 60 days after the error appeared on your statement. . At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing at the address above. You may notify using other ways (including telephone), but if you do we are not required to investigate any potential errors and you may have 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 bill is 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. We can apply any unpaid amount against your revolving line of credit. After we finish our investigation, one of two things will happen: . If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. If we 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