CREDIT CARD AGREEMENT
How We Will Calculate Your Balance: We use a method called "Average Daily Balance (including new purchases)."
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Credit Card Agreement below.
We may change APR, Fees, and other terms at any time and for any reason in accordance with this Credit Card Agreement and applicable law.
This is your Consumer Credit Card Agreement ("Agreement") with Credit First National Association, a national banking association located at 6275 Eastland Road, Brook Park, Ohio 44142 ("CFNA"). This Agreement governs the use of your credit card account with us ("Account") and includes the following "Related Documents":
The Related Documents are incorporated by reference into this Agreement. Your handwritten, electronic or digital signature on any document you sign in connection with the use of your card or Account is part of this Agreement. These documents include, but are not limited to, your card, Application or any accepted sales slip. Participating merchants that may honor your card are not a party to this Agreement. Please read this Agreement and keep it for your records.
By signing the application, signature capture device or through your electronic consent, you certify to each of the following statements: You have read and agree to the terms and conditions set forth in this document. You are applying to Credit First National Association (CFNA) for a credit card with a credit limit up to the amount for which you qualify. The application information you provided is true, correct and complete, and CFNA may rely on it. You authorize CFNA to obtain credit reports about you from consumer reporting agencies in considering this application and subsequently for the purpose of any update, review, renewal or extension of credit, or reviewing or collecting the Account. You understand and agree that by providing CFNA with a wireless telephone number, you consent to receiving autodialed and prerecorded message calls from CFNA or its servicers, its assignees, or its third party debt collectors at this number. You understand that if CFNA approves your application, CFNA will issue a card and extend credit to you from its offices in Ohio. You agree to be bound by the terms set forth in the Agreement. You also understand that the Agreement includes an Arbitration Section that allows you or CFNA to resolve by arbitration claims arising from or related to the Agreement and your Account through the American Arbitration Association. The Arbitration Section will prevent you and CFNA from having claims resolved by a judge or jury and prevent you from participating as a representative or member of any class of claimants for claims subject to arbitration. Other rights available in court may also not be available in arbitration. You can reject the Arbitration Section within 30 days after CFNA opens your Account as explained in the Agreement.
By submitting your application, you acknowledge that you have read, understood and received a copy of this document and if approved for credit by CFNA, agree to be bound by the terms set forth in this document.
Other capitalized terms are defined in the Agreement. Defined terms have the same meaning when used in your monthly billing statement ("Statement").
2. YOUR PROMISE TO US. You agree to the terms of this Agreement. You promise to do everything this Agreement requires of you. For joint Accounts, each of you promises to do everything this Agreement requires. You specifically promise to pay all amounts owed because of transactions made on your Account by any of you and any Authorized User. You will be bound by this Agreement when you submit an Application that is approved by us, sign a sales slip using the Card, or use or permit someone else to use credit provided through the Card or Account. You will use the Card only for personal, family, or household purposes, and not for business, commercial, or agricultural purposes. You agree that at any time for any reason we may reissue a Card to you and/or may ask you to return any or all Cards.
3. CREDIT LIMIT. The Credit Limit of your Account is the total maximum amount we allow you to owe us at any time. If you exceed any credit limit that we have set for your Account, we can still charge you for all transactions, Interest Charges and other charges ("Finance Charges") without giving up any of our rights under this Agreement. We may increase or decrease your Credit Limit at any time at our option. The reasons for changes may include, for example, your credit history with us, your default under this Agreement (see Section 13 below), fraud prevention or changes to this credit card program or CFNA policy.
4. MONTHLY STATEMENTS; BILLING CYCLES. We will send you a Statement at the end of each Billing Cycle in which (a) your Account has a balance of $1 or more, (b) an Interest Charge is imposed or (c) applicable law requires us to send a Statement. We send only one Statement for your Account each month. Each Statement will show, among other things, the date on which the most recent Billing Cycle ended (the "Statement Closing Date" of the Billing Cycle), Previous Balance, Payments and Credits, Transactions, Interest Charges, other Fees and Charges, Payment Due Date, New Balance and Minimum Payment Due. A Billing Cycle means the days between Statement Closing Dates.
5. YOUR ADDRESS. We will consider your current address and state of residence to be the same as the billing address we maintain in our records. You agree to notify us of any change in your name, residence, or billing address by writing to us at the address shown on your Statement. Any notices required by law shall be deemed received if mailed to your current address.
6. PAYMENTS; MINIMUM PAYMENT. You may pay all of your Account balance at any time without penalty. You must pay us at least the Minimum Payment Due for each Billing Cycle by the Payment Due Date shown on your Statement. The Minimum Payment Due for each Billing Cycle will be the greater of (a) 4% of the New Balance (rounded up to the nearest whole dollar) plus all past due amounts and any Late Payment Fee, Returned Payment Fee, or unpaid ACH Service Fee incurred during the previous Billing Cycle; or (b) $19 (or any amount less than $19 needed to pay your Account balance in full). The New Balance used to determine your Minimum Payment Due includes Regular Credit Plan transactions and Promotional Credit Plan balances (see Section 9 below for a description of Credit Plans).
7. SKIP-PAYMENT OPTION. At our sole option, we may allow you to skip payment of the Minimum Payment Due for a certain Billing Cycle. During any Skip-Payment period, Interest Charges will continue to accumulate on the unpaid balance of your Account, but no Late Payment Fee will be assessed. At the end of any Skip-Payment period, the Minimum Payment terms of this Agreement that would have applied were it not for the Skip-Payment feature, will automatically resume. Taking advantage of the Skip-Payment option will not extend the Delay Period for special Promotional Credit Plans.
8. METHODS OF PAYMENT. Payments received at CFNA by 5:00 p.m. Eastern Time on a business day are credited to your Account as of that day. You may pay your Account by mail, by telephone or on-line. If paying by mail, send your personal check or money order, payable in U.S. dollars, to Credit First N.A. at the payment address shown on your Statement. Include your payment stub and do not send cash. You agree not to send us any check marked "payment in full" or with similar terms or other conditions. If you do, the check must be sent to our Dispute Resolution Department at a separate address for Inquiries specified on your Statement. We can accept such checks or late or partial payments without losing our right to receive the full amount owing on your Account. If paying by telephone, utilize our automated payment system at 800-321-3950. If paying on-line, log on to www.CFNA.com. Follow all of the instructions for making a payment specified on your Statement. Any payment that does not conform to these requirements may not be credited to your Account for up to five days, or may be rejected.
9. CREDIT PLANS.
A. Regular Credit Plan. You may use your Account for transactions that may or may not be subject to Promotional Credit Plan terms. Any balance of transactions not subject to Promotional Credit Plan terms will be part of your Regular Credit Plan and treated as your "Revolving Balance."
B. Promotional Credit Plans. At our option, we may offer Promotional Credit Plans. Any Promotional Credit Plan may apply for a limited period of time. Our rights and your responsibilities will change if you make a qualifying purchase under a Promotional Credit Plan. If you participate, the applicable Promotional Credit Plan terms will be given to you in a separate document. Promotional Credit Plan terms temporarily modify certain terms of this Agreement for qualifying purchases, and all other terms of this Agreement remain unchanged. Any temporary modification of Agreement terms for Promotional Credit Plans will not limit or affect any other rights we have under this Agreement or applicable law.
10. APPLICATION OF PAYMENTS. We apply payments first to previously billed Interest Charges; then to your purchases. The application of payments may be amended by Promotional Credit Terms. Except as otherwise prohibited, we will apply payments equal to or less than the required Minimum Payment amount and any credits to balances on your Account in a way that is deemed appropriate by us. We will also follow the requirements of applicable law when allocating your payments.
11. INTEREST CHARGES. We will calculate periodic Interest Charges on your Account for each Billing Cycle by multiplying a monthly periodic rate ("Periodic Interest Rate") by the Average Daily Balance (including new transactions) on your Account. A Periodic Interest Rate is one-twelfth of its corresponding Annual Percentage Rate ("APR"). We will charge you a minimum Interest Charge of $1 for any Billing Cycle in which an Interest Charge of less than $1 would otherwise be imposed.
A. Periodic Interest Rate; Interest Rate. The Periodic Interest Rate that applies to your Revolving Balance is 1.9% (corresponding APR 22.8%) ("Interest Rate").
B. How We Calculate Average Daily Balance Subject to Periodic Interest Charges. To get the Average Daily Balance for your Revolving Balance, we first must determine the daily balance for your Revolving Balance. To get the daily balance, we take the beginning Revolving Balance of your Account each day. Then we subtract any payments or credits applied to your Revolving Balance, and any unpaid Interest Charges. We add to that amount any new Regular Credit Plan transactions, Late Payment Fees, credit insurance, debt cancellation charges and other Account fees and administrative charges. We then add up all the daily balances and divide by the number of days in the Billing Cycle. This gives us the Average Daily Balance for your Revolving Balance. We do not charge Interest Charges on unpaid Interest Charges, that is, we do not compound Interest Charges.
C. When Interest Charges Begin to Accumulate. Interest Charges accumulate on each purchase from the later of (a) the date of the transaction or (b) the first day of the Billing Cycle in which the transaction posts to your Account. However, we do not assess Interest Charges in the following circumstances:
If you had a New Balance at the beginning of your previous Billing Cycle and you did not pay that New Balance by the Payment Due Date during that previous Billing Cycle, then we will not charge Interest Charges on any Purchases during the current Billing Cycle if you pay the New Balance at the beginning of your current Billing Cycle by the Payment Due Date in your current Billing Cycle.
A. Late Payment Fee. If we do not receive at least the Minimum Payment Due by 5:00 p.m. Eastern Time on your Payment Due Date we may add to your Account a Late Payment Fee of $15 if your New Balance is less than $100, $25 if your New Balance is $100 or more, and $35 if your New Balance is $100 or more and you did not make the Minimum Payment in any of the prior six Billing Cycles by the Payment Due Date. However, the Late Payment Fee will never exceed the amount of your required Minimum Payment to which the Late Payment Fee relates. Any Late Payment Fee assessed will be added to the Revolving Balance on your Account.
B. Returned Payment Fee. If your payment check, ACH, electronic debit or other instrument is dishonored by your bank or must be returned for any reason, we will add a Returned Payment Fee of $25, or $35 if you had a returned payment in any of the six prior Billing Cycles, to the Revolving Balance of your Account. However, the Returned Payment Fee will never exceed the amount of your most recent required Minimum Payment.
C. ACH Service Fee. Each time you ask a customer service representative to assist you in making an expedited automated payment from your bank account (i.e. an automated clearinghouse or "ACH" transaction), when permissible, we may add a service fee to the Revolving Balance of your Account. The amount of the fee will be disclosed at the time you request the service.
13. DEFAULT. Your Account will be in default if you fail to do something that this Agreement requires of you, subject to any restrictions under applicable law. If that happens, we may tell you to pay us immediately everything you owe under the Account and applicable law. We will tell you in advance and/or give you an opportunity to cure your default only if applicable law requires us to do so.
14. LOST OR STOLEN CARD OR IDENTITY THEFT. If you notice the loss or theft of your credit card or a possible unauthorized use of your card (including suspected identity theft), you should write to us immediately at CFNA, BK-11/Customer Service, P.O. Box 81315, Cleveland, Ohio 44181-0315 or call us at 800-321-3950. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.
15. HOW TO CANCEL YOUR ACCOUNT. You (either of you if more than one) may cancel your Account at any time. Cut each Card in half and send us the pieces with a letter telling us you want to cancel your Account. This includes each Card you gave to others. Send us the letter and Card pieces at the address shown on your Statement. You still must pay the full amount you owe us.
16. WE HAVE THE RIGHT TO CANCEL YOUR ACCOUNT. We may cancel your Account and Cards at any time for any reason. Any Card issued for your Account must be cut in half and the pieces sent to us if we ask. This includes each Card you gave to others. You cannot use a Card after we ask you to return it. You still must pay the full amount you owe us, and this Agreement will continue to apply to any unpaid balance.
17. CREDIT AUTHORIZATIONS. We will authorize all Account purchases in advance. A merchant may ask you to provide identification. We may not be able to authorize a transaction, even if you have sufficient available credit, for example if our authorization system is not working or if we suspect possible fraud. We will not be liable to you if this occurs. We may not authorize a transaction if your Account is over your Credit Limit or delinquent; if we authorize such a transaction, we do not consider it to be an increase in your Credit Limit. We are not responsible if any merchant refuses to accept or honor your Credit Card.
18. CREDIT INVESTIGATION AND CREDIT REPORTS. You hereby authorize us to investigate your credit record. You agree that a credit report may be requested in connection with the processing of an application for credit, and subsequently in connection with any extension of credit, or any consideration of an increase to your credit limit, or any renewal or update of your Account, or to take collection action on the Account, or to investigate disputes regarding the Account. You also authorize us to furnish information concerning the status and payment history of your Account to credit bureaus and other creditors. If you believe that we have reported inaccurate information about you to a credit reporting agency, please contact us at CFNA, BK-11/Customer Service, P.O. Box 81315, Cleveland, Ohio 44181-0315. In doing so, please provide your Account number, name, address, phone number, any other supporting documentation and specify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please send a copy of that report to us as well.
19. PHONE CALLS. You authorize us, or our servicers, assignees, or third party debt collectors to contact you by telephone about your Account. You agree that we may call you about your Account using an automatic dialing - announcing device and that these calls will not be "unsolicited" calls for purposes of state or federal law. You understand and agree that by providing us with a wireless telephone number, you consent to receiving autodialed and prerecorded message calls from us or our servicers, assignees, or third party debt collector at that number. From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is needed.
20. GOVERNING LAW. This Agreement and your Account are governed by federal law applicable to a national bank and, to the extent not preempted by federal law, the laws of Ohio, without regard to its conflicts of law provisions. This is the law we mean when we refer in this Agreement to a term that may be permitted or required by applicable law. We have accepted this Agreement in Ohio.
21. RESPONSIBILITY FOR GOODS AND SERVICES. We are not responsible for the goods and services purchased with the Credit Card. You agree to settle all disputes arising from purchases directly with the merchant who honored the Credit Card and, except as required by applicable law, to pay us all amounts required by this Agreement despite such disputes. You agree to notify us within 30 days after the occurrence of an event giving rise to a product or service dispute.
22. WAIVER. We may, at our discretion from time to time without notice, waive any of our rights under this Agreement in certain circumstances. We can waive our rights without affecting our other rights. If we waive any right, we do not waive the same right in other circumstances or at other times.
23. SEVERABILITY. If any provision of this Agreement is finally determined to be unenforceable under any law, rule, or regulation, all other provisions of this Agreement will still be valid and enforceable.
24. ASSIGNMENT OF ACCOUNT. We may sell, assign or transfer your Account or any interest we hold in your Account without notice to you. You may not sell, assign or transfer your Account.
25. CHANGE IN TERMS. We may change the terms of this Agreement at any time, and we may add or delete terms in this Agreement. These changes may include, for example, Interest Charge rates, fees and this Change in Terms provision. We will give you notice of any change as required by applicable law. Any change will apply on and after its effective date to new transactions and existing balances on your Account, except as limited by applicable law.
26. DEBT CANCELLATION. Your purchase of any debt cancellation product that we offer is optional. Whether or not you purchase this product does not affect our decisions about your credit. The Debt Cancellation Terms of any debt cancellation product that we offer and you elect to purchase, and any other related disclosures, are provided separately from this Agreement.
27. ARBITRATION. For purposes of this Arbitration Section, the terms "we," "us" and "our" refer to Credit First National Association, its parents, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors. If either you or we choose arbitration, neither you nor we will have the right to litigate that claim in court or to have a jury trial on that claim, or to engage in pre-arbitration discovery, except as provided for in the arbitration rules of the American Arbitration Association ("AAA"). In addition, you will not have the right to participate as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator's decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire arbitration provision carefully before accepting the terms of this Agreement.
A "Claim" is any pre-existing, present, or future claim, dispute, or controversy of any kind (including but not limited to constitutional, statutory, regulatory, common law, contract, tort and equitable claims) arising from or relating to (a) the credit offered or provided to you or requested by you, (b) the actions of you, us or third parties, or (c) the validity or meaning of this arbitration provision and every other provision in this Agreement.
You agree that either you or we can choose to have any Claim resolved by binding arbitration. You and we acknowledge that each waives the right or opportunity to litigate a Claim in a court of law, and that each agrees to resolve any Claims arising out of this Agreement through binding arbitration. This Section does not apply to any of our regular Account collection efforts. If this Section (or any part of it) is determined invalid or illegal under any applicable statute or rule of law, it will be deemed omitted without affecting any other provisions of this Agreement, which shall remain in full force and effect.
There shall be no authority for any Claims to be arbitrated on a class action basis. An arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims.
Any arbitration will be conducted in accordance with the AAA's rules applicable to consumer disputes. For additional information go to: http://www.adr.org/. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will advance the first $250 of the filing and hearing fees for any Claim you may file against us; the arbitrator will decide whether we or you will ultimately pay those fees. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. This arbitration provision shall survive repayment of your extension of credit and termination of your Account.
Judgment upon the award may be entered in any court of law of competent jurisdiction.
You can reject this Arbitration Section if you write to us within 30 days after we open your Account. Send a letter that you do not agree to the Arbitration Section. The letter must include your name, address and Account number. Mail the letter to CFNA, BK-12/Legal, P.O. Box 81315, Cleveland, Ohio 44181-0315. This is the only way you can reject the Arbitration Section. If you reject the Arbitration Section, all other parts of this Agreement still apply to your Account.
28. ENTIRE AGREEMENT. This Agreement, including the Related Documents incorporated by reference into it, is the entire agreement between you and us relating to your Account. This Agreement replaces any other agreement relating to your Account that you and we made earlier or at the same time. If any of the Related Documents has any information that is not the same as information in this Agreement, we will follow this Agreement unless the other document says we should follow that document.
SIGNATURES. Your handwritten, electronic or digital signature on any document you sign in connection with the use of your Card or Account represents your signature on this Agreement.
Dean S. Miller
California Residents: If you are married, you may apply for a separate account.
New York Residents: Upon your request, you will be informed of whether or not a credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.
Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement under Section 766.59 of the Wisconsin statutes or court order under Section 766.70 adversely affects the interest of CFNA, unless CFNA, prior to the time credit is granted is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to CFNA is incurred.
NJ Residents: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, are void, unenforceable or inapplicable in New Jersey.
YOUR BILLING RIGHTS - 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 CFNA, BK-11/Customer Service, P.O. Box 81315, Cleveland, Ohio 44181-0315.
In your letter, give us the following information:
You must contact us:
You must notify us of any potential errors in writing. You may call us, 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:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at CFNA, BK-11/Customer Service, P.O. Box 81315, Cleveland, Ohio 44181-0315.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent
E CFNA 06/2013