`
`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`STATE OF MINNESOTA
`
`COUNTY OF BENTON
`
`LVNV Funding LLC
`
`Plaintiff,
`
`CONSUMER CREDIT CONTRACT
`
`DISTRICT COURT
`
`SEVENTH JUDICIAL DISTRICT
`
`VS.
`
`SUMMONS
`
`Kennedy Fruth
`
`Court File No.
`Defendant(s).
`THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT(S):
`YOU ARE BEING SUED. Plaintiff has started a lawsuit against you. Plaintiff's
`1.
`Complaint against you is attached to this Summons. Do not throw these papers away. They are official
`papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the
`Court and there may be no Court file number on this Summons.
`YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS.
`2.
`You must give or mail to the person who signed this Summons a written response called an Answer
`within 21 days of the date on which you received this Summons. You must send a copy of your Answer to
`the person who signed this Summons located at Messerli & Kramer P.A., 3033 Campus Drive, Suite 250,
`Plymouth, MN 55441.
`YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to
`3i
`the Plaintiffs Complaint.
`In your Answer you must state whether you agree or disagree with each
`paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the
`Complaint, you must say so in your Answer.
`YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
`4.
`RESPONSE T0 THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS.
`If
`you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story,
`and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you
`do not want to contest the claims stated in the Complaint, you do not need to respond. A Default Judgment
`can then be entered against you for the relief requested in the Complaint
`LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not
`5.
`have a lawyer, the Court Administrator may have information about places where you can get legal
`assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your
`rights or you may lose the case.
`
`MN_()1()1
`
`File No: 21-138739
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`Page 1 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to
`6.
`participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of
`Practice. You must still send your written response to the Complaint even if you expect to use alternative
`means of resolving this dispute.
`
`MESSERLI & KRAMER PA
`/S/Craalg P. Huwterwm #0402144 MN
`
`eSigned on 7/ 14/2021 in Hennepin County, MN
`
`3033 Campus Drive, Ste. 250
`Plymouth, MN 55441
`cc-litigation@messerlikramer.com
`Ph#: (763) 548-7900
`Fax#: (763) 548-7922
`
`This communication is from a debt collector and is an attempt to collect a debt. Any information
`obtained will be used for that purpose.
`
`MN__0l()l
`
`File No: 21 - 138739
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`
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`Page 2 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`STATE OF MINNESOTA
`
`COUNTY OF BENTON
`
`LVNV Funding LLC
`
`VS.
`
`Kennedy Fruth
`
`CONSUMER CREDIT CONTRACT
`
`DISTRICT COURT
`
`SEVENTH JUDICIAL DISTRICT
`
`Plaintiff,
`
`Defendant(s).
`
`COMPLAINT
`
`Court File No.
`
`Plaintiff, for its Complaint, states and alleges as follows:
`I .
`Defendant(s) owe(s) Plaintiff $2,912.38 for goods and services sold and delivered to
`Defendant(s) and/or by receiving a cash advance or balance transfer. Said purchases were made on
`DefendantCs‘) charge account bearing account number XXXXXXXXXXXXXX3999 which was/were
`issued to Defendant(s) by Comenity Bank.
`
`II.
`LVNV Funding LLC owns this account and is a successor in interest to Comenity Bank for this
`account.
`
`III.
`Defendant(s) is/are in default for failing to make the required payments on the charge account.
`IV.
`Pursuant to the terms and conditions of the Credit Agreement with Comenity Bank, Defendant(s)
`agreed to pay all reasonable costs of collecting including reasonable attorneys' fees. A true and correct
`copy of Credit Agreement is attached hereto.
`
`MN_()I()I
`
`File No: 21-138739
`
`
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`Page 3 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`WHEREFORE, Plaintiff demands judgment against Defendant(s) for the amount of $2,912.38
`plus reasonable attorneys' fees of $728.09, for a total amount of $3,640.47 plus Plaintiffs costs and
`disbursements herein.
`
`MESSERLI & KRAMER PA
`/S/Crmlg P. Huwterwm #0402144 MN
`
`eSigned on 7/ 14/2021 in Hennepin County, MN
`
`3033 Campus Drive, Ste. 250
`Plymouth, MN 55441
`cc-litigation@messerlikramer.com
`Ph#: (763) 548-7900
`Fax#: (763) 548-7922
`
`ACKNOWLEDGMENT
`The Plaintiff, by their attorneys, acknowledge that sanctions may be imposed pursuant to
`Minnesota Statutes section 549.211.
`
`MESSERLI & KRAMER PA
`/$/0ra«Lg P. HWW #0402144- MN
`eSigned on 7/14/2021 in Hennepin County, MN
`
`3033 Campus Drive, Ste. 250
`Plymouth, MN 55441
`cc-litigation@messerlikramer.com
`Ph#: (763) 548-7900
`Fax#; (763) 548-7922
`
`MN__0101
`
`File No: 21 - 138739
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`
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`Page 4 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`37888|034
`
`The Diamond Card credit card account agreement.
`This Agreement covers the Terms and Conditions of your account with us.
`In this document, you will find
`important information about using and managing your account. including a Privacy Statement and information
`concerning your billing rights. Your use of the account. or failure to close the account within the 30 days of
`receiving this document, indicates your acceptance of the terms of this agreement, including the assessment
`of any interest charges and fees.
`Section I ofthis Agreement also includes 3 Jury Trial Waiver and an Arbitration Provision In the event ofa dispute.
`.
`You have a right to reject this Arbitration Provision.
`.
`If you do not reject this Arbitration Provision, It will be part of this Agreement and will:
`Eliminate your right to atrial byjury; and
`0
`Substantially affect your rights, Including your right to bring, Join In or participate In class proceedings.
`o
`Section I does not apply to Covered Borrowers under the Military Lending Act. See Section J below.
`v
`Please read each section carefully and keep this document for your records.
`In the following sections, you will find Information on:
`Financial terms of your account: Ari ate-glance summary of the toes and cl‘argcs associated witI' your account
`A.
`Getting started‘ the basics of your account
`Keepingyour account in good standing: avoiding default. and what to do If your card Is Iostor stolen, as applicable
`B.
`Learningmore about your account: credit plans. credit limits. and how payments are calculated and applied
`C.
`Interatfiees and charges: Mon and how tees and costs are applied to youmcoount
`D.
`Other important hformatlon‘ legal rights, costs and how we'l handle changes to your acoomt
`E.
`Disputes and reporting to consumer reporting agencies: data we provide. and receive from. consumer reporting agencies. ard what
`F.
`to do it you ihir'kthere is an error or your periodic statement
`Optional products: how to protect your account from fraud or theft. and information on sen/ices that can help pay your debt in case
`of emergencies
`Communicating with us: \M'at happens when you contact us
`H.
`Arbitration and Jury trial waiver: Iiuw wc‘II Iusulvo disagiuuiriorits. including ajuiy liial waiver anti Arbitration provision
`I.
`J.
`Important Information for Covered Borrowers under the Military Lending Act
`Privacy statement: row we collect. use. share. and protect your personal information; and the privacy choices you can make
`Financial terms of your account
`-. .iiiiI li~ii-i.».l (liar I".
`“.lii
`27.49%
`This APR will vary with the market based on the Prime Rate.
`Your due date is at least 25 days after the close of each billing cycle. We will
`not charge you interest on purchases if you pay your entire balance by the
`due date each month.
`
`G.
`
`Annual Percentage Rate
`(APR) for Purchases
`
`How to Avoid Paying Interest
`
`Minimum Interest Charge
`
`For Credit Card Tips from the
`Consumer Financial
`Protection Bureau
`
`If you are charged interest, the charge will be no less than $2.00 per credit
`plan
`To learn more about factors to consider when applying for or using a credit card,
`visit the website ofthe Consumer Financial Protection Bureau at
`http:( (WWJDHSIJ merfina ”CEEOV! learnmore.
`
`_
`
`Transaction Fees
`
`$9.95 for each promotional Credit Plan purchase under 12 or 18 month
`promotional Credit Plan
`
`Penalty Fees
`-
`Late Payment
`Up to $39.00
`-
`Returned Payment Up to $39.00
`Annual Fee
`
`None
`
`How We Will Calculate Your Balance: We use a method called 'daily balance." See your Account agreement
`for more details.
`
`MN_() l O}
`
`File No: 2i—13S739
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`Page 5 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`Bllllng Rights: Information on your rights to dispute transactions and how to exercise those rights is provided
`in your account agreement.
`Comenity Capital Bank
`- 1-844-271-2708(Zales)
`- 1-844-271-2715 (Zales Outlet)
`- TDDfl'TY i-888-819-i918
`
`Rate Information: The following chart provides details on your rate as of December 1 . 2015. We divide the APFl by 365 to detenninethe
`daily penooic rate.
`
`Add to Index
`
`Current APR
`
`Daily Periodic Rate
`
`Purchase. APFl
`
`22.74%
`
`27.49%
`
`0.0753134-
`
`Il this Agreement was provided to you at poirt of sale, see the Agreement sent with your rew account welcome package for variable
`APR information in effect within 30 days of mailing.
`interest charge ct $2.00 per uredit plan for ally billing period it which inbrest is title. For additional
`We'll charge you in mi ' nuni
`intorrnation, see Rates in Section D.
`Minimum Payment: The Minimum Payment Due is the total cl minimum payments lor Regular Revolving and Promotional Credit Plan
`purchases plus any Past Due amounts, The total Mirinum Payment Due on your account won't be less than $35.00. If your Account
`balance is less than $35.00, you must paythe amount indicated on your Statement in full. The Minimum Payment Due lor each Regular
`Revolving and Cash Revolving Credit Plans will be:
`-
`The greater oi:
`1% of the New Balance, excludlrg any new Regular Revolving or Cash Revolving Credit Plan Interest Charges shown on the
`o
`Statement; or
`$5 00
`Plus any new Regular Revolving or Cash Revolving Credit F'lan Interest Charges shown on the Stataneril rounded up to tile
`nearest $1 00.
`See Minimum Payment in Section C belowfor promotional credit plan minimum payment calculations.
`The APR inlormetion described is accurate as of December 1, 2019. Due to a change in the index. this inion'nation may have changed.
`To tind out more, call us atthe appropriate number listed above, or write us at Comenity Capital Bank. PO Box 183003. Columbus. Ohio
`43218-3003.
`A. Getting Sta rled
`
`-
`
`or
`
`-
`'
`
`.
`
`In this Agreement. "Vi/e' “Us" and “Our' mean Comenity Capital Bank and any successor or assigns. "You" and "Your" mean each
`er
`submits
`who
`person
`application orsollcitation [or an Account with us. "Account" means your credit card account with us. 'card” means each credit card we
`issue for your Account, l5 applicable. ‘Credi Plen' means one or more payment program options Zele Delewnre,
`inc, may ask us to
`otter item timetotime.
`Upholding yourAgreer-nult
`-
`You agree to the terms of tlis Agreement, and promise to do everything required of yoil. If you sign or submit an applicafion or
`solicitation to obtain credit from us you’ll be legally bound by this Agreement You're also legely bound il you sign e charge slip:
`or permit someone else to use the credit provided.
`You agree that the credit extended under your Account will be used only for personal, family or household purposes and not lor
`business or commercial purpose,
`lithe Account is alpint Account. you and the joint Accourt holder will be bound by this Agreement. Each of you will be jointly and
`If more than ore person is responsible forthis Account, we will only provide
`irdividually responSible lor repaying all amounts due,
`billing statements ard communications to erect you.
`Ary authorized user at your Account will be bound by the terms of this Agreement. One addition! Card may be issued with the
`irdividual name oi ah authorized userem bossed on the Card. Ilyou want to revoke the use of your Account by an authorized user.
`either write us at the address. or call us at the phone number, shown on your Statement.
`You agree to pay forall transactions made on yourAccuurrt by an authorized user, whether or notsuch transactions were authorized
`by you or made For your benefit.
`rant signature (as applicable)
`For your own protection, please sign your Card before usrng it. Keep in mind that your signature on the Card isnt a prerequisne to your
`obligation to pay amounts incurred or your Account.
`Using your Account
`'
`Your Account may be used to mire purchases from Zale Delayimre, Inc. and other retailers we may determine occasionally by
`riolilying you via electronic mail: slaterrierrtriiessage, website posting. orottier method.
`'
`We reserve the rigl't to not honor trar‘sactioris related to, ir'oludirig, but not limited to: garilbling. ATM usage at casinos. and illegal
`activities.
`Making payments
`Pay your Account by sending a check. money order. or cashier‘s check payable in US. dollars, to the name and address shown
`-
`on your Statement specified for payments. Please don‘t send cash.
`Be sure to include your payment stub, do not staple your payment to the stub. use the envelope provided iivith your Statement and
`dont send any correspondence with your payment.
`If your payment doesn't meettnese requirements, it may not be credited to your Account for up to five days. or may be rejected.
`AI written communications consenting disputed amounts, including any check or other payment instrument marked with ‘peyment
`in full" or similar language, must bc scntto 6550 North Loop 1604 East, Suite 101, San Antonio, Texas 7824775004.
`0 We may accept a payment scritto any other address without losing any ol our rights
`No poynior‘t stroll operate as an accord and satisluclior without our prior written approval.
`0
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`-
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`MN_0101
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`File No: 21438739
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`Page 6 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`B. Keeping your account In good standing
`Avoiding delault
`You'll be in default under this Agreement it you:
`Fail to make any payment when due
`Violate any provision ofthis Agreement
`P635 away
`Become the subiect of bankruptcy orlnsolvency proceedings
`Supply us with misleading. Ialse. incomplete or incorrect intormation
`Arc unable or unwilling to perfon'i the terns or oonditions oI this Agreement
`Fail to supply us with any information we deem necessary
`Default under any odier Ioar‘ or agreement you have with us or any at our affiliates
`Become inoompetert
`Exceed your Credit Limit
`Issue a payment returr'ed unpaid by your bank tor any reason
`II we consider your Account in deiault. we may suspend your ability to make charges. close your Aocount. require you to pay the lull
`amount you owe immediately or take any other action permitted by law. If appicable law requires us to do so. we’l tell you in advance
`and/or give you the opportunity to remedy your default.
`Reporting a lost or stolen card (as applicablei
`It you notice the loss or theft of your credit card or a p0§ible unauthorized use of your card, you should write to us immediately at PO
`Box 183003, Columbus, Ohio 43218-3003 or call us at:
`- 1-844-271-2708 (Znlos)
`' 1-844-271-2715 {Zales Outlet)
`' TDD/'ITY 1-888-819-1918
`You will rot be liable for any unauthorized use that occurs after you notity us. You may. however, be liable for unauthorized use that
`Ir any case, your liability will not exceed 850,
`occurs before your notice to us.
`C. Learning more about your account
`Credit Plans
`-
`Your Account may consistof a non-promotional (“Regular Revolving’) Credit Plan and one or more promotional Credit Plans. Credit
`Plans offered and their particular features (includirg but not limited to minimum purchase requirements and minimum payment)
`may vary occasionally at our discretion and include one or more Regular Revolving or promotional Credit Plans.
`We may otterdiflerent promotional Credt Plans from time to time.
`If a promotional Credit Plan is altered atthe time you open your Account. this Agreement will include information about the terms
`for the Plan, by use 01 an" insert. attachment, or other written information provided as part of this Agreement.
`Normal late fees. returned paymert tees and all other provisions apply to any promotional Credit Plan, unless inconsistent with a
`particular Credit Plait offering.
`Ifthc promotional Credit Plan purchase isn‘t paid in full before the promotional period ends, the balance will he transferred to your
`Regular Revolving halorce
`Promotional Credit Plans may include:
`o Waive Interest, Payinert Required 0 Deter Interest, Payment Required
`0 Waive Interest, Equal Payment
`0 Deter Interest, Law Payment
`0 Waive Interest, Low Payment
`0 Low APR, Equal Payment
`0 Defer Interest, Equal Payment
`0 Budget Paymert
`Skip-payment option
`-
`At ourdlscretion, we may allow you to sklpmaking the Minimum Payment.
`-
`Interest Charges will be assessed during the skip-payment period, but a hate fee won‘t be imposed. This wil notbe considered a
`waiver at any of the rights granted by this Agreement
`-
`All other terms at your Aooourit apply during the skip-payment period
`Credit Ilmlt
`Your Credit Limit is the total maximum amount we permit you to owe us at any time.
`~
`-
`You may not exceed any Credit Limit that we set tor your Account.
`-
`If you do exceed your Credit Limit, we can still charge you for all transactions, interest ard other charges without giving up any of
`our rights under this Agreement.
`-
`We may change your Credlt Linit at anytime.
`Account unmllatlon
`-
`You may cancel your Account You‘re still olrl'yuteil to pay the full amount you owe us
`-
`We may cancel your Account at any tine, tor any reason.
`-
`We may retuse to authori7e any purchase on your Account. We may also suspend your Account and your right to use your Card:
`ircluding each Card you give to others.
`We may stop olfering any Credit Plan at any time. for any reasor.
`Cancelation or suspension of yourAccount doesn't negate your obligation to pay any am ount you owe ust
`Cancellation of your Account includes each Card you give to others.
`Payment
`You can pay all of your Account balance at any time without penalty.
`You must pay at least the Total Minimum Payment tor each billing period by the Payment Due Date shown on yourstatemerit.
`The Minimum Paymem is the total of the minimum payments tor the Regular Revolving and promotional Credit Plans plus any Past
`Due amounts.
`The Total Minimum Payment won‘t be less than $35.00.
`if your Account balance is less than $3500 you must pay the amount
`ir'dicatcd on your Statement 'li lull.
`The minimum payment for each Crcdt Plan is c' Culotcd as follows:
`The minimum payment tor the Waive Interest, Payment Required and Deter Interest, Payment Required Credit Plans will be
`0
`the greater of:
`(a) $5.00 or
`(bi 1% (rounded up to the nearest$1.00) olthe New Balanoe shown on your Statemert tor that Credit Plan.
`The minimum payment for the Waive Interest. Equal Paymer't and Defer Interest. Equal Payment Credit Plans will be the
`amount of the purchase divrded by the number at months between the date of the purchase and the promotional period and
`
`'
`
`a
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`r
`-
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`MN_O t O}
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`File No: 2I—13S739
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`Page 7 of 16
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`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`date (minimum $5.00) rounded up to the nearest $1 .00.
`The minimum payment tor the Low APR. Equal Payment Credit Plan will be the amount of the purchase lrcludlng the
`calculated Interest charges that will be assessed from the date oI purchase through the end otthe promotional period divided
`by the number of months between the date of the purcfase 5rd the promotional period erd date (minimum $5 00) rourded
`up to the nearest $1.00.
`The l'lll‘illlultl payment for the Waive Interest, LOW Payment and Deter lr'terat, Low Paymer't Credit F'lar‘s will be the greater
`of:
`
`o
`
`:1
`
`a
`
`0
`
`0
`
`Rates
`
`(a) $5 00 or
`(b) 1% (rounded up to the nearest $1 .00) olthe New Balance shown on your Statemert tor that Credit Plan.
`For ead'i Budget Payment Credit Plan or Open Charge Budget Payment Credit Plan. Iixed monthly payments of $49. $99.
`$148. $199. or $299. based on the transaction amount.
`ForOpen Charge credit plans (except Open Charge Budget Payment Credit Plans). if your balance increases during theOpen
`Charge period. your minimum payment will increase. The minimum payment tor each Open Charge plan will be calculated
`based on the above Credit Plans.
`lfyou choose to carry optional credit insurance and receive a promotional Credit Plan. your Credit Plan minimum payment
`may ircrease the to the addition otthe credit insurarce premium.
`Payment ipvliration
`We reserve the right to apply payments equal to or loss than the Total Minimum Payment however we soc fit, which may result ir'
`balances subject to lowei interest rates beirg paid prior to other balarces. Ti‘lS may also iesult in I-igher interest charges.
`Ary payment you make in excess of the required Total Minimum Payment Will be allocated to your Account as required by
`applicable law.
`Excess payments received belore a deterred interest promotior expires are applied to the deferred interest promotional balance
`first in the last two billing periods of the promotional period.
`D. lnte rest, fees and charges
`Interest charges
`Interest charges begin on a transaction. fee or interest trim the day added to the daily balance and continue until the balance is
`paid in full.
`There is a Grace Period on Regular Revolving Credit Plan purchases. This means we will not charge interest on such purchases
`it you pay lntull each billing period.
`We Will not charge interest on any portion of a paymert allocated to the Regular Revolvirg Credit Plan that is paid within an
`applicable Grace Period.
`lfyou make a purchase underany Waive Interest Credit Plan, wewon‘t charge interest on the purdiase ilyou pay thetotal purchase
`amount before the end of the promotional peliod, If you don‘t pay the total purchase amount before the end of the promotional
`period we'll add the remaining amount to your Regular Revolving balance, We'll also begin charging interest on the purchase from
`the first day after the promotional period ends.
`If you make a purchase under any Defa' Interest Promotional Credit Plan and don‘t pay the total amount before the end of the
`promotional period. we'll add the remaining purchase amount and the amount of accrued interest to your Regular Revolving
`balance.
`If you make a purchase under a Low APR, Equal Payment Credit Plan, interest will be assessed from the date of purchase through
`the end of the promotional period.
`How we calculate Interest Charga on your Account
`We calculate Interest separate» tor each credit Plan, using a “Daily Balance" to determine Interest charges for eadr billing period Our
`calculation method is as follows:
`We start with the beginning balance on your Account each day r’inci
`unpaid 'literest charges and fees).
`WL": "'.i'.'.:i
`”l.
`irf‘z"ii
`i"'i,'
`i’
`'i. Kf.il" .. .rl
`'l "l
`' 13.1 m l~il
`il'
`"l
`[tr‘miirrfltatz .1
`unJmix
`dormant» -—ii
`..
`We then multiply Ihe Partial Daiy Balance for the day bythe Dally Periodic Rate. This gives us me ‘Daily Interest Charge" forthe
`day, which we add to theday's Pattid Daily Balance
`We’ve now determined the ‘Daily Balance," which will be the beginning balance for the following day. This results in daily
`compounding of interest charges.
`Al the end of each billing period. we add together each Credit Plan‘s Daily lnleresi Charge and matte other adjustments. which
`gives us the total interest charge.
`Your Statement will show a Balance Subject to Interest Rate. which is the sum of the Daily Balances for each day in the billing
`period divided by the total number of days.
`To calculate (1 variable rate. tor ouch billing mnod, we use on Index. The Index E the us Prime Rate published in the ‘Money
`Rates“ section of The Wall Street Journal on the last business day of the calendar month peoedrrig the month in which the billing
`period begins. (Our business days are Monday through Friday, excluding holidays.)
`Ary variable APPI will increase on the Iirst day ofthe billing period aflarthe Index increases.
`Ar increase or decrease in the APR will result in a oorrespondirg increase ordecrease ir the amount of interest and may increase
`Total
`the
`Minimum
`Paymert.
`Your APR for Purchases will not exceed 29.99%.
`Other tees and charges
`You agree to pay be following fees and charges:
`Promotional Credit Plan Transaction Fee: It you make a purchase under the 12 or 18 month promotional Credit Plan. we will add a
`transaction fee of $9.95 per trarsaction,
`Late Fee: lfyou don't pay at least the Minimum Paymert Due by It'e Payment Due Date. we will charge you a late tee.
`The fee is $28.00 if you were rot charged alate fee during any ofthe prior six billing periods.
`o
`Otierwise. the fee is $39.00.
`0
`This tee will not exceed the amount pemitted by applicable law.
`0
`Returned Payment Fee: We may charge you a fee tor each payment that your bank doesn‘t honor for any reason.
`The fee is $20.00 if you were rot charged a retumed payment lee during any of the prior six billing periods.
`0
`Ott‘enMse. the tee ls $39.00.
`0
`This lee will not exceed the amount permitted by applicable law.
`0
`Alnuugh we may decide to do so. we aren't required to attempt to collect a payment morethan once.
`
`l
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`.
`
`l‘Ell
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`li':
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`l' and
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`MN_O t O}
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`File No: 2I—13S739
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`Page 8 of 16
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`05-CV-21-1784
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`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`Document Fees: If we provide you with a copy of any Statement. sales draft or similar document at you request (except in connection
`billing error inquiries or resolution). we may charge the Account the following feerfsi. subiect to any iimitatiors of applicable
`
`'
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`-
`
`aw:
`lwith
`Statement copy - $6.00
`0
`Sales/Credit Draft COPY ' $6.00
`0
`Chech’hloney Order copy - $6.00
`a
`Alternative Payment Method Fee: We may offer alterrallve payment methods that allow you to make individual. expedited payments
`If you choose to use this payment method. we may assess the current fee we charge for this
`to your Account over the phone.
`service. subject to any limitations of applicable law. Currently. tnal tee ls up to 515.00 but may change. We‘ll let you know the
`current tee before you authorize any payments). and you car withdraw your request If you don't want to pay the fee.
`E. Other important information
`Collection costs
`You agree to pay our reasonable costs for collecting amounts due. Including reasonable attorneys' fees and court costs Incurred by us
`or another person or entity. to the extent not prohibited by applicable law and except as provided below.
`-
`AI. Residents: We will not charge attomeys' fees ltyourunpald balance Is 5800 or less.
`-
`MD Residents: We wII not charge you for costs otherthan attomeys' tees.
`-
`NH lesidents: Reasonable anomeys’ fees may be awarded to you if you prevail in any action by cragainst us.
`WI Residents: Iflegal action is taken. we rrray seek statutory attorrreys‘ fees and costs, which you will pay ifthe'y are granted by the
`0
`court.
`Oranges
`We may add. change, or delete the terms of your Account. If required by applicable law. we will give you advance written notice ofthe
`chargeisjr and a right to reject the changeis).
`Security Interest
`You grant us a security interest in all goods you purot'ase through the use 0! the Account, now or at anytime in the future and in all
`accessions to and proceeds ul sud] goods. We waive any security interest we may have in your principal dwellir‘g. to the sxlert that it
`would otherwise secure ar'y obligation arising hereunder.
`changes no your intormation
`You agree to notify us immediately of any changes to your name. mailing address. electronic mail address or telephone runber(s).
`Governing Law
`THIS AGREEMENT IS GOVERNED BY UTAH AND APPLICABLE FEDERAL LAW. THIS IS THE LAW WEARE SPEAKING OF WHEN
`WE REFERTO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW.
`Transfer ot Rights/Arrignmont
`‘
`‘
`‘
`'
`wil be binding upor
`Your riglrls under this
`can't be
`of law or
`. but your
`by you. by
`your estate or personal representatives. We maytransier or assigr your Account and/or this Agreement. or any of our rigrts under this
`Agreement, to another person or entity at any time without prior notice to you or your consent.
`No Waiver of Rights
`We will not lose our rights under this Agreement because we delay or do not enforcethem.
`Severablllty
`If any provision of this Agreement is in cunllict wilt“ applimhle law‘ that provision will be considered to be modified to conform wili‘
`applicable law.
`Noticeto New Jersey Residents
`All provisions of this agreement are valid. enforceable and applicable in New Jersey.
`F. Disputes and Reporting to Consumer Reporting Agencies
`Credit Reports
`-
`You give us permission to investigate your credit record.
`.
`You agree that a credit report may be requested in connection with the processing of your credit application. A report may also be
`requested in connectior with a credit extension. credit limit request. Account renewal or update, Aooount collection action. or
`dispute investigation. Upon request. we will tell you the name and address of any consumer reporting agency that furnished a
`report on you. You consort to tho obtainirg of such reports by signing or otherwise submitting an application or solicitation.
`You understand that we may report negative inionnalion (such as. late payments, missed payments. or other defaults} about yuLI
`Account to consumer
`reporting agencies.
`You give us permission to provide information about your Account to consumer reputirrg agencies and other creditors, as well as
`to the retailer whose name appears on your Card.
`Credit reportdlsputes
`It you believe the Account information we reported to a consumer reporting agency is inaccurate. you may submit a direct dispute to
`Cornenity Capital Bank, PO Box 182120. Columbus. Ohio 43218-2120.
`Your written dispute must provide sufficient information to identify the Account and specify why the irformatior is inaccurate:
`'
`Account Information: Your name and Aocourrt number
`-
`Contact Information: Your address and teiephorre runber
`-
`Identity tire Accomtintormation disputed and explain why you believe it is inaccurate
`Disputed Information:
`-
`If available. provide a copy of the section of the credit report showirg the Account intonation you are
`Supporting Dommertation:
`disputing
`We will investigate the disputed inlorrnation and report the results to you witt‘in 30 days of receipt of the information needed for our
`investigation. If we find thatthe Account informatior we reported is inaccurate. we will promptly provide the reoessary correction to eaol'
`consumer reporting agency to which we reported the i'forrnatron.
`Your Billing Rights: Keep This Document For Futile Use
`This notice tells you about your rights and ourresponslbllltles under the Felr Credit Billing Act.
`What To Do if You Find A Mistake On Your Statement
`If you thinkthere is an error or your statement. write to us at‘ Comenity Capital Bank: PO Box 182620. Cohmbus, Ohio 43218-2620
`In your letter, give us the following information
`.
`Account infonrraiion. Your name and aooounl number.
`-
`Dollar amount: The dollar amount of the suspected error.
`
`.,,
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`MN_() l O}
`
`File No: 2I—13S739
`
`
`
`
`
`Page 9 of 16
`
`
`
`
`
`05-CV-21-1784
`
`Filed in District Court
`State of Minnesota
`10/19/2021 1:32 AM
`
`-
`
`2.
`
`Description of problem: It you ttiink there is ar error on your bill. describe what you believe is wrorg ard why you believe it Is a
`mist
`e.
`You must cortact us:
`-
`Within 60 days other the error appeared on your statement.
`-
`At least 3 business days before an automated payment is scheduled, ii you want to stop payment on the amount you think is wrong.
`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 poter'tiel errors
`and you may have to pay the amount in question.
`What Will Happen After We Receive Your Letter
`Wher we receive your letter, we must do two things:
`1. Within 30 days of receivirg your letter. we musttell you that we received your letter. We will also tell you it we have already annealed
`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.
`
