LVNV FUNDING LLC v. JENNY BODDY

IN THE DISTRICT COURT OF KAY COUNTY STATE OF OKLAHOMA LVNV FUNDING LLC Plaintiff, -vs- Jenny Boddy Defendant(s). PETITION FOR MONEY DUE FOR BREACH OF REVOLVING CREDIT CHARGE AGREEMENT Count I—Breach of Contract COMES NOW the Plaintiff and for its cause of action against the Defendant(s) states as follows: 1. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE; the debt sued upon arose in and Plaintiff’s cause of action accrued in the State of Oklahoma. 2. That at least one of the Defendant(s) reside(s) in or may be found in KAY County, Oklahoma and within the venue of this court. 3. Plaintiff is the holder of the Revolving Credit Charge Agreement ("Agreement") sued upon herein by virtue of the sale and assignment of said Agreement from WebBank to various parties including and ultimately to Plaintiff. 4. That Defendant(s) was/were issued a credit account pursuant to the Defendant’s Agreement with WebBank. 5. That Defendant either made written application to WebBank for said credit card, or signed various credit charge slips, or both, thereby agreeing in writing to the terms and conditions of said Agreement. 6. That the Defendant(s) did utilize said credit or allow it to be used in the purchase of goods and services at various locations and thereby agreed to the terms and conditions of said Agreement at the time it was issued to Defendant(s) 7. That as a result of the use of said credit by Defendant(s), the Defendant(s) did accrue certain indebtedness on said revolving credit charge account pursuant to the Agreement. 8. That WebBank fully performed under the terms of the Agreement. 9. That in accord with normal business practices, WebBank mailed itemized monthly billing statements to Defendant. Defendant did not object to any of the charges made on the monthly statements at issue herein, in writing, for over sixty (60) days. 10. That Defendant accepted the charges shown on the monthly billing statements as demonstrated by Defendant’s continued use of the account, payments made on the account, and the absence of any attempt to cancel the agreement between Defendant and WebBank despite having received the monthly billing statements for several months. 11. That Defendant(s) failed to perform under the terms of the revolving retail credit charge agreement and is therefore in breach. 12. That as a direct and proximate result of Defendant’s breach, WebBank was damaged in the amount claimed of $989.33. 13. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees. 14. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay. 15. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) JENNY BODDY is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of: Amount claimed: $989.33; Interest: at the rate of 8.75% per annum from the date of Judgment until paid; Attorney fees; All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of the summons. Count II—Suit On Account COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows: 1. Plaintiff restates and re-alleges each and every paragraph of Count I as if fully set forth herein. 2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE. 3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in KAY County, Oklahoma and within the venue of this court. 4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $989.33 for credit extended by WebBank and used by the Defendant to purchase goods and/or services, hereinafter referred to as “items.” 5. That all sums owed to WebBank are now due to the Plaintiff by virtue of assignment of said debt from WebBank to various parties and ultimately to the Plaintiff. 6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s). 7. That the prices charged for the extension of credit for the Defendant to purchase such items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between WebBank and Defendant(s), or in the alternative the usual and customary charges of WebBank. 8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said credit charges when due. 9. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees. 10. That Plaintiff, the current owner of the Agreement, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay. 11. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) JENNY BODDY is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of: Amount claimed: $989.33; Interest: at the rate of 8.75% per annum from the date of Judgment until paid; Attorney fees; All costs herein expended, including but not limited to court costs, sheriff’s fees, and any fees for service of summons. Count III—Quantum Meruit COMES NOW the Plaintiff and pleads in the alternative for its cause of action against the Defendant(s) and states as follows: 1. Plaintiff restates and re-alleges each and every paragraph of Count I and Count II as if fully set forth herein. 2. That Plaintiff is a LIMITED LIABILITY COMPANY organized and existing under the laws of DELAWARE. 3. That the cause of action herein accrued under the laws of the State of Oklahoma; at least one of the Defendant(s) reside(s) in or may be found in KAY County, Oklahoma and within the venue of this court. 4. That Defendant(s) is/are presently indebted on the account and claim herein in the amount claimed of $989.33 for credit extended by WebBank and used by the Defendant to purchase goods and/or services, hereinafter referred to as “items.” 5. That the credit issued to Defendant to purchase said items was provided to and for Defendant(s). 6. That said credit was provided at the instance, request, and/or authorization of said Defendant(s). 7. That the prices charged for the extension of credit items are and were in each case reasonable; that said prices were the amounts specifically agreed upon between Creditor and Defendant(s), or in the alternative the usual and customary charges of said Creditor. 8. That Defendant(s) expressly, or in the alternative impliedly, promised and agreed to pay for said extension of credit immediately upon the providing thereof or promptly thereafter. 9. That Creditor has, by virtue of Sale and Assignment, transferred all causes of action against Defendant related to the facts and issues set forth herein to various parties including and ultimately to Plaintiff.. 10. Pursuant to Oklahoma statute, Plaintiff is entitled to reasonable attorney fees. 11. That Plaintiff, the current owner of the Cause of Action, has made demand upon the Defendant(s) for payment of the same, but the Defendant(s) failed and/or refused to pay. 12. Pursuant to the SCRA §201(b)(4), Plaintiff declares under penalty of perjury that Defendant(s) JENNY BODDY is/are not in the Armed Forces for the United States, verified on 03/25/2026 via the U.S. Department of Defense website. WHEREFORE, Plaintiff prays for Judgment against Defendant(s) in the amount of: Amount claimed: $989.33; Interest: at the rate of 8.75% per annum from the date of Judgment until paid; Attorney fees; All costs herein expended, including but not limited to court costs, sheriff’s fees and any fees for service of the summons. Respectfully Submitted, FABER AND BRAND L.L.C. BY: /s/ Michael L. Foster Michael L. Foster OK #20701 Jason P. Gubbins OK #22576 James M. Mucklestone OK #36520 P.O. Box 10110 Columbia, Missouri 65205-4000 (888) 233-3141 (573) 442-1072 FAX [email protected] ATTORNEY FOR PLAINTIFF THIS IS A COMMUNICATION FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE DISTRICT COURT IN THE DISTRICT IN AND FOR KAY COUNTY, OK LVNV Funding LLC Plaintiff vs. Jenny Boddy Defendant(s) PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff"), and hereby certify as follows: 1. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records, including computer records of its accounts receivable. This information is regularly and contemporaneously maintained during the course of Plaintiff's business. I am authorized to execute this affidavit on behalf of Plaintiff and the information below is true and correct based on the Plaintiff's business records. 2. In the regular course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts, and/or other credit lines or obligations. The records provided to Plaintiff at the time of acquisition are represented to include information provided by the original creditor and/or its successors-in-interest. Such information includes the debtor's name and social security number, the account balance, the identity of the original creditor and the account number. 3. Based on the business records maintained on account XXXXXXXXXXXXX4855 (hereafter, the "Account"), which are a compilation of the information provided to Plaintiff upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to Jenny Boddy by WebBank on or about 09/25/2015. Said business records further indicate that the Account was then owned by BLST Sales,Mktg,Svcing/BB Allium Borrowing Trust. BLST Sales,Mktg,Svcing/BB Allium Borrowing Trust later sold and/or assigned Portfolio 42743, which included the Defendant's Account, to Plaintiff or Plaintiff's predecessor(s)-in-interest on 11/28/2023. Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the balance owing of $989.33 plus any legally permissible interest. 4. Based on the business records maintained in regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff and all just and lawful offsets, payments and credits to the Account have been allowed. Demand for payment was made more than thirty days ago. [Signature] Jeisa Santiago March 31, 2026 The foregoing instrument was acknowledged before me by the above-sign[?] day, March 31, 2026. (Notary Public) PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT BILL OF SALE OF ORIGINAL CREDITOR OR ACQUIRER (WEBBANK) FOR VALUE RECEIVED, and subject to the terms and conditions of that certain Program Agreement between WebBank ("Bank") and BLST Sales, Marketing & Servicing, LLC, dated December 21, 2021. Bank does hereby transfer, assign and convey to BLST Sales, Marketing & Servicing, LLC, as of the date hereof all right, title and interest of Bank in and to those certain Charged-Off Accounts described in Schedule 1 attached hereto and made a part hereof for all purposes. Terms used herein shall have the meanings set forth in the Account Purchase Agreement. This BILL OF SALE is executed without recourse and without representation of any warranty of collectability or otherwise, expressed or implied. Dated this 21 day of November , 2023 WEBBANK By: Name: Jim Jackson Title: SVP Operations SCHEDULE 1 TO BILL OF SALE OF ORIGINAL CREDITOR ACCOUNTS SCHEDULE The individual Purchased Accounts transferred are described in the final electronic files named SHER_FHT_BBAllium_112023 and SHER_FHT_BBA_Trueup_112023 delivered by WebBank to BLST Sales, Marketing & Servicing, LLC, on or about November 21st, 2023 the same deemed attached hereto by this reference. ASSIGNMENT AND BILL OF SALE BLST Sales, Marketing & Servicing, LLC, for itself and as agent for BB Allium Borrowing Trust ("BB ALLIUM") (collectively "Seller") has entered into a Purchase Agreement ("Agreement") dated July 24th, 2023 for the sale of Accounts and associated receivables, described in Schedule 1 hereto ("Purchased Accounts"), to Resurgent Acquisitions, LLC ("Buyer") upon the terms and conditions set forth in that Agreement. This ASSIGNMENT AND BILL OF SALE is for the Purchased Accounts, as further described in Schedule 1 which is hereby included by reference, delivered by Seller to Buyer on November 28th, 2023, with a Closing Date of November 28th, 2023. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all of Seller’s rights, title and interest in each and every one of the Purchased Accounts described in the Agreement. This ASSIGNMENT AND BILL OF SALE is executed without recourse or warranties except as stated and provided for herein and within the Agreement. All of the information contained in Seller’s Accounts Information (a) constitutes Seller’s own business records regarding the Purchased Accounts and (b) accurately reflects in all material respects the information about the Purchased Accounts in Seller’s possession. All of Seller’s Accounts Information has been kept in the regular course of Seller’s business, and was made or compiled at or near the time of the event and recorded by (or from information transmitted by) a person (i) with knowledge of the data entered into and maintained in Seller’s business records or (ii) who caused the data to be entered into and maintained in Seller’s business records. It is the regular practice of Seller’s business to maintain and compile such data. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 28th day of November, 2023. Seller: BLST Sales, Marketing & Servicing, LLC 13300 Pioneer Trail Eden Prairie, MN 55347 By: ____________________________ Name: Mark Bursey Title: VP, Collections and Credit Ops Buyer: Resurgent Acquisitions, LLC Attention: Naomi Muellner 55 Beattie St Ste 400 Greenville SC 29601 By: ____________________________ Name: Naomi Muellner Title: Senior VP BB Allium Borrowing Trust By: BLST Sales, Marketing & Servicing, LLC 13300 Pioneer Trl Eden Prairie, MN 55347 By: ____________________________ Name: Mark Bursey Title: VP, Collections and Credit Ops SCHEDULE 1 TO ASSIGNMENT AND BILL OF SALE ACCOUNTS SCHEDULE The individual Purchased Accounts transferred are described in the final electronic files named SHER_FHT_BBAllium_112023 and SHER_FHT_BBA_Trueup_112023 delivered by the Seller to Buyer on or about November 28th, 2023 the same deemed attached hereto by this reference. Transfer and Assignment Resurgent Acquisitions LLC ("RALLC"), without recourse, to the extent permitted by applicable law, hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("LVNV") all of its right, title and interest in and to the receivables and other assets (the "Assets") identified on Exhibit A, in the Receivable File dated November 27, 2023 delivered by BLST Sales,Mktg,Svcng/BB Allium Borrowing Trust on November 28, 2023 for purchase by RALLC on November 28, 2023. The transfer of the Assets included electronically stored business records. Dated: November 28, 2023 Resurgent Acquisitions LLC a Delaware Limited Liability Company By: [signature] Name: Jackson Walker Title: Authorized Representative Dated: November 28, 2023 LVNV Funding LLC a Delaware Limited Liability Company By: [signature] Name: Daniel Picciano Title: Authorized Representative Exhibit A Receivables File 11.28.23 SHER_FHT_BBAllium_112023 <table> <tr> <th>Transfer Group</th> <th>Portfolio</th> <th>Transfer Batch</th> </tr> <tr> <td>[REDACTED]</td> <td></td> <td>N/A</td> </tr> </table> FiNGERHUT Advantage Account Summary Previous Balance 965.21 Payments & Credits 0.00 Purchases & Debits 0.00 Fees Charged 0.00 Interest Charged 24.12 New Balance 989.33 Credit Limit 0 Available Credit 0 Statement Closing Date 09/24/23 Days in Cycle 31 Past Due Amount 226.96 Minimum Payment Due 286.95 Payment Information New Balance 989.33 Minimum Payment Due 286.95 Mail Payment By 10/13/23 Payment Due Date 10/20/23 Late Payment Warning: If we do not receive your minimum payment by the Payment Due Date listed above, you may have to pay a late fee of up to $41.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: <table> <tr> <th>If you make no additional charges using this card and each month you pay:</th> <th>You will pay off the balance shown on this statement in about:</th> <th>And you will end up paying an estimated total of:</th> </tr> <tr> <td>Only the minimum payment</td> <td>3 years</td> <td>$1,294</td> </tr> </table> If you would like information about credit counseling services call 1-888-364-2268. To avoid additional interest charges, pay the New Balance by the Payment Due Date. Interest Charge Calculation <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Non Deferred 29.99%</td> <td></td> <td>207.75</td> <td>5.20</td> </tr> <tr> <td>Non Deferred 29.99%(v)</td> <td></td> <td>757.46</td> <td>18.92</td> </tr> </table> (v) APR will vary with the market, based on the Prime Rate. Fees <table> <tr> <th>Date</th> <th>Transaction ID</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td colspan="3">TOTAL FEES FOR THIS PERIOD</td> <td>0.00</td> </tr> <tr> <td>09/24/23</td> <td></td> <td>INTEREST CHARGE</td> <td>24.12</td> </tr> <tr> <td colspan="3">TOTAL INTEREST THIS PERIOD</td> <td>24.12</td> </tr> <tr> <td colspan="3">TOTAL FEES YTD 2023</td> <td>311.90</td> </tr> <tr> <td colspan="3">TOTAL INTEREST YTD 2023</td> <td>179.99</td> </tr> </table> You Are ENROLLED in SAFELINE, an optional program, which can be canceled at any time. For any SafeLine questions, please visit safeline.fingerhut.com or call 1-855-582-2128. FiNGERHUT Advantage Make payments online at fingerhut.com/MyAccount Or tear off and return with your payment by mail. Make your check payable to Fingerhut. Account Number XXXX-XXXX-XXXX-4855 Customer Number PAYMENT DUE DATE 10/20/23 MINIMUM DUE $286.95 New Balance $989.33 Amount Enclosed Make your check payable to Fingerhut and mail to: PO BOX 70281 PHILADELPHIA, PA 19176-0281 IMPORTANT NOTICE Your payment will be credited to your account on the same day we receive it if the bottom portion of this statement and your check are received by us on a processing day by 5:00 pm Eastern Time in the enclosed envelope at our processing center. Payments received after 5:00 pm Eastern Time will be credited on the next processing day. Please allow at least seven (7) days for postal delivery. Payments received at any other location in another form or with other documents may not be credited the same day we receive the payment. Our processing days are Monday through Sunday, excluding holidays for payments received by mail. Payments received on holidays will be credited as of the previous processing day. When you send us a check as a payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your deposit account, or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive payment, and you will not receive your check back from your financial institution. If your check is returned to us due to non-sufficient funds we may also re-deposit it through a one-time electronic fund transfer. You may also make a payment at anytime on your Fingerhut Advantage Account at fingerhut.com/MyAccount or via an automated phone payment at 1-800-208-2500. Online and automated phone payments will be posted as of the same day if made before 11:00 pm Central Time. If your statement shows a credit balance, you may request a refund of the credit by contacting Fingerhut Credit Services, at the address shown below. You may pay the entire balance on your account at anytime without incurring any additional charges for prepayment. PAYMENTS Make checks payable to Fingerhut and mail to: Fingerhut Credit Account Services, P.O. Box 70281, Philadelphia, PA 19176-0281 Please write your Fingerhut Advantage Account number on your check. Do not send correspondence to this address. Mail your payment in the enclosed envelope with the payment coupon at the bottom of your statement. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT If you think there is an error on your statement, write us at: Fingerhut Credit Account Services, P.O. Box 1250, Saint Cloud MN 56395-1250. In your letter, give us the following information: • Account Information: Your name and your 10-digit Fingerhut Customer Number. • Dollar Amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. 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. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for any remainder of your balance. • We can apply any unpaid amount against your credit limit. YOUR RIGHTS IF YOU ARE DISSATISIFIED WITH YOUR CREDIT PURCHASES If you use your card to make a purchase and you are dissatisfied with the goods or services that you receive, 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: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your card for the purchase. 3. You must have not yet fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Fingerhut Credit Account Services, P.O. Box 1250, Saint Cloud MN 56395-1250. 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. CREDIT BUREAU DISPUTES If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, Saint Cloud MN 56303. Please provide the Fingerhut Advantage Credit Account number along with a copy of your credit bureau report reflecting the information that you believe is inaccurate. HOW WE CALCULATE INTEREST CHARGES To calculate the interest charge payable each month, we multiply the average daily balance times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle. The monthly periodic rate is determined by dividing the APR by 12. Your Account is subject to a minimum interest charge of $1.00. Average Daily Balance: We figure the interest charge on your Account by applying the monthly periodic rate to the "average daily balance" of your Account, including current transactions. To get the "average daily balance" we take the beginning balance of your Account, each day, add any new purchases, charges and other fees, and subtract any payments or credits. This gives the daily balance. Then, we add up all the daily balances for that billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance". Interest charges begin to accrue on each purchase on the date of the purchase. However, if you paid the new balance on your previous Statement by the payment due date shown on the statement, then: (1) if you pay the new balance on your current billing statement by the payment due date shown, we impose no interest charges on purchases during the current billing cycle, and (2) if you make a payment by the payment due date shown on your current billing statement that is less than the new balance, we will credit that payment as of the first day in your current billing cycle. In addition, if your Statement reflected a new balance and you did not pay that new balance in full by the payment due date on that previous statement, then we will not impose interest charges on any purchases during the current billing cycle if you pay the balance shown on your current Statement by the payment due date reflected on that current statement. DEFERRAL PERIODS WebBank may offer Accounts promotional credit offers, including deferred payment offers. Special rules apply to promotional credit offers, which are described at the time of the offer. • The date, amount and description of each purchase are identified on your periodic statement for the period when you make the purchase. • Each periodic statement contains a summary of all active deferred offers, including unpaid balances, any interest charges and the date on which the deferral periods expire. • We figure interest charges each month by multiplying the average daily balance of each deferred balance by the monthly periodic rate. • We do consider all deferred purchases for purposes of determining your available credit. NOTICE OF ASSIGNMENT: The right to receive payment on your Fingerhut Advantage Credit Account has been assigned by WebBank to Fingerhut. QUESTIONS ABOUT YOUR STATEMENT E-mail us at [email protected] or call 1-800-208-2500 (English) 1-800-556-3208 (En Español) IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Last 4 Digits of Your 16-Digit Credit Account Number ______________________________ Phone _________________ Name ____________________________________________________________ Address ________________________________________________________ City ___________________________ State ______ Zip __________ E-Mail Address __________________________________________________ Please provide your e-mail address for business transactions. (We will not send promotional material without your permission.) ☐ Check here if you'd like to receive e-mails about Fingerhut special deals and events. ☐ Check here if you also have a WebBank/Fingerhut Fetti Credit Account and you'd like to update your contact information on that account too. Consent for Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider. Account Summary Previous Balance 784.04 Payments & Credits 93.98 Purchases & Debits 0.00 Fees Charged 49.93 Interest Charged 19.33 New Balance 759.32 Credit Limit 3,200 Available Credit 0 Statement Closing Date 05/24/23 Days in Cycle 30 Past Due Amount 0.00 Minimum Payment Due 46.99 Payment Information New Balance 759.32 Minimum Payment Due 46.99 Mail Payment By 06/13/23 Payment Due Date 06/20/23 Late Payment Warning: If we do not receive your minimum payment by the Payment Due Date listed above, you may have to pay a late fee of up to $41.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: <table> <tr> <th>If you make no additional charges using this card and each month you pay:</th> <th>You will pay off the balance shown on this statement in about</th> <th>And you will end up paying an estimated total of:</th> </tr> <tr> <td>Only the minimum payment</td> <td>3 years</td> <td>$1,059</td> </tr> </table> If you would like information about credit counseling services call 1-888-364-2268. To avoid additional interest charges, pay the New Balance by the Payment Due Date. Interest Charge Calculation <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Non Deferred 29.99%</td> <td>118.76</td> <td>2.97</td> </tr> <tr> <td>Non Deferred 29.65%(v)</td> <td>662.71</td> <td>16.36</td> </tr> </table> (v) APR will vary with the market, based on the Prime Rate. Transactions <table> <tr> <th>Date</th> <th>Transaction ID</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>05/22/23</td> <td></td> <td>PAYMENT - THANK YOU</td> <td>-93.98</td> </tr> <tr> <td>05/24/23</td> <td></td> <td>SAFELINE PLUS FEE</td> <td>8.93</td> </tr> <tr> <td>05/20/23</td> <td></td> <td>LATE FEE</td> <td>41.00</td> </tr> <tr> <td colspan="4">TOTAL FEES FOR THIS PERIOD</td> <td>49.93</td> </tr> <tr> <td>05/24/23</td> <td></td> <td>INTEREST CHARGE</td> <td>19.33</td> </tr> <tr> <td colspan="4">TOTAL INTEREST THIS PERIOD</td> <td>19.33</td> </tr> <tr> <td colspan="4">TOTAL FEES YTD 2023</td> <td>168.55</td> </tr> <tr> <td colspan="4">TOTAL INTEREST YTD 2023</td> <td>93.33</td> </tr> </table> You Are ENROLLED in SAFELINE, an optional program, which can be canceled at any time. For any SafeLine questions, please visit safeline.fingerhut.com or call 1-855-582-2128. Make payments online at fingerhut.com/MyAccount Or tear off and return with your payment by mail. Make your check payable to Fingerhut. Account Number XXXX-XXXX-XXXX-4855 Customer Number PAYMENT DUE DATE 06/20/23 MINIMUM DUE $46.99 New Balance $759.32 Amount Enclosed IMPORTANT NOTICE Your payment will be credited to your account on the same day we receive it if the bottom portion of this statement and your check are received by us on a processing day by 5:00 pm Eastern Time in the enclosed envelope at our processing center. Payments received after 5:00 pm Eastern Time will be credited on the next processing day. Please allow at least seven (7) days for postal delivery. Payments received at any other location in another form or with other documents may not be credited the same day we receive the payment. Our processing days are Monday through Sunday, excluding holidays for payments received by mail. Payments received on holidays will be credited as of the previous processing day. When you send us a check as a payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your deposit account, or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive payment, and you will not receive your check back from your financial institution. If your check is returned to us due to non-sufficient funds we may also re-deposit it through a one-time electronic fund transfer. You may also make a payment at any time on your Fingerhut Advantage Account at fingerhut.com/MyAccount or via an automated phone payment at 1-800-208-2500. Online and automated phone payments will be posted as of the same day if made before 11:00 pm Central Time. If your statement shows a credit balance, you may request a refund of the credit by contacting Fingerhut Credit Services, at the address shown below. You may pay the entire balance on your account at anytime without incurring any additional charges for prepayment. PAYMENTS Make checks payable to Fingerhut and mail to: Fingerhut Credit Account Services, P.O. Box 70281, Philadelphia, PA 19176-0281 Please write your Fingerhut Advantage Account number on your check. Do not send correspondence to this address. Mail your payment in the enclosed envelope with the payment coupon at the bottom of your statement. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT If you think there is an error on your statement, write us at: Fingerhut Credit Account Services, P.O. Box 1250, Saint Cloud MN 56395-1250. In your letter, give us the following information: • Account Information: Your name and your 10-digit Fingerhut Customer Number. • Dollar Amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. 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. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to 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 credit limit. YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT PURCHASES If you use your card to make a purchase and you are dissatisfied with the goods or services that you receive, 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: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your card for the purchase. 3. You must have not yet fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Fingerhut Credit Account Services, P.O. Box 1250, Saint Cloud MN 56395-1250. 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. CREDIT BUREAU DISPUTES If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, Saint Cloud MN 56303. Please provide the Fingerhut Advantage Credit Account number along with a copy of your credit bureau report reflecting the information that you believe is inaccurate. HOW WE CALCULATE INTEREST CHARGES To calculate the interest charge payable each month, we multiply the average daily balance times the monthly periodic rate. Your monthly periodic rate may vary each billing cycle. The monthly periodic rate is determined by dividing the APR by 12. Your Account is subject to a minimum interest charge of $1.00. Average Daily Balance: We figure the interest charge on your Account by applying the monthly periodic rate to the “average daily balance” of your Account, including current transactions. To get the “average daily balance” we take the beginning balance of your Account each day, add any new purchases, charges and other fees, and subtract any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for that billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance”. Interest charges begin to accrue on each purchase on the date of the purchase. However, if you paid the new balance on your previous Statement by the payment due date shown on the statement, then: (1) if you pay the new balance on your current billing statement by the payment due date shown, we impose no interest charges on purchases during the current billing cycle, and (2) if you make a payment by the payment due date shown on your current billing statement that is less than the new balance, we will credit that payment as of the first day in your current billing cycle. In addition, if your Statement reflected a new balance and you did not pay that new balance in full by the payment due date on that previous statement, then we will not impose interest charges on any purchases during the current billing cycle if you pay the balance shown on your current Statement by the payment due date reflected on that current statement. DEFERRAL PERIODS WebBank may offer Accounts promotional credit offers, including deferred payment offers. Special rules apply to promotional credit offers, which are described at the time of the offer. • The date, amount and description of each purchase are identified on your periodic statement for the period when you make the purchase. • Each periodic statement contains a summary of all active deferred offers, including unpaid balances, any interest charges and the date on which the deferral periods expire. • We figure interest charges each month by multiplying the average daily balance of each deferred balance by the monthly periodic rate. • We do consider all deferred purchases for purposes of determining your available credit. NOTICE OF ASSIGNMENT: The right to receive payment on your Fingerhut Advantage Credit Account has been assigned by WebBank to Fingerhut. QUESTIONS ABOUT YOUR STATEMENT E-mail us at [email protected] or call 1-800-208-2500 (English) 1-800-556-3208 (En Espanol) IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in any NEW information in the spaces below and we will update your account. Last 4 Digits of Your 16-Digit Credit Account Number ____________________________ Phone _______________________________________________________ Name _______________________________________________________ Address ______________________________________________________ City ____________________________ State ______ Zip __________ E-Mail Address ______________________________ Please provide your e-mail address for business transactions. (We will not send promotional material without your permission.) ☐ Check here if you’d like to receive e-mails about Fingerhut special deals and events. ☐ Check here if you also have a WebBank/Fingerhut Fetti Credit Account and you’d like to update your contact information on that account too. Consent for Use of Telephone Numbers: You authorize WebBank/Fingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us (ii) from which you have called us, or (iii) which we obtain and believe we can reach you at. We may contact you in any way, such as calling, texting, using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider. Revolving WebBank/Fingerhut Credit Account Agreement This is the Agreement which covers your credit account (called your "Account") with WebBank for purchases you make with Fingerhut. Do not enter into this Agreement before you read it or if any spaces intended for the agreed terms are left blank. You are entitled to a copy of this Agreement at the time you sign it. You acknowledge that you have received a copy of this Agreement for your records. This Agreement includes an Arbitration provision. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. You may opt out of this Arbitration provision by following the instructions below in the Arbitration section. If you are a Covered Borrower under the Military Lending Act, the provisions of this WebBank/Fingerhut Revolving Credit Account relating to arbitration do not apply to this WebBank/Fingerhut Revolving Credit Account involving consumer credit. Credit Bureau Disputes: If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, Saint Cloud, MN 56303. Please include a copy of the credit report reflecting the information that you believe is inaccurate. All Accounts, including California and Utah Residents: As required by applicable law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. All Accounts, including New York/Rhode Island/Vermont Residents: You agree to give WebBank (1-800-456-8550) as well as its agents, successors, and assigns) permission to access your credit report in connection with any transaction, extension of credit, and on an ongoing basis, for the purpose of reviewing your Account, adjusting the credit limit on your Account, taking collection actions on your Account, or for any other legitimate purposes associated with your Account. Attorney child support or separate maintenance payments need not be revealed if you do not want us to consider it in determining your creditworthiness. Upon your request, you will be informed of whether or not a consumer 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. Connecticut Residents: Damages may be imposed if a check is dishonored. Connecticut General Statutes § 52-505a authorizes our collection of damages for dishonored checks; criminal penalties may also apply. Maryland Residents: Maryland law requires that if you send us a written request about the status of your Account, and we do not answer that request within 60 days after we receive it, you are not required to pay a finance charge for that 60 day period or until we answer. Missouri Residents: If you prepay your Account in full, you may be entitled to a refund of certain interest under Mo. Rev. Stat. § 408.17C. New Hampshire Residents: Reasonable attorney's fees will be awarded to you if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defenses or set-off, recoupment or counterclaim brought by us, the court may award reasonable attorney fees to the party bringing the claim (the "prevailing party"). Oklahoma Residents: Any individual upon request. The Oklahoma Civil Rights Commission telephone number is 1-800-342-3726, and its website is http://www.dfs.ok.gov. Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy applicants maintaining 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 martial property act adversely affects the interest of a statement, or court decree under Wisconsin's Martial Property Act adversely affects the interest of a creditor unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement or statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. We may require that you pay the entire amount that you have outstanding if you do not pay amounts that come due 2 times within 12 month period. You will also have to pay your entire amount outstanding if you fail to do anything required in this agreement and that failure makes it likely that you will not be able to pay your bills from us as they become due. Texas Residents: To contact us about your Account call 1-800-208-2500. This contract is subject in whole or in part to Texas law as enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207. Phone: (800) 582-1579; www.OKCC.state.tx.us. Contact the Commissioner relative to any inquiries or complaints. of the agreement between you and us and this Agreement may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us. Arbitration. Please review this provision carefully. It provides that any dispute may be resolved by binding arbitration. Arbitration replaces the right to go to court and the right to have a jury decide a dispute. Under this provision, your rights may be substantially limited in the event of a dispute. You may opt out of this Arbitration provision by following the instructions below. If you are a Covered Borrower under the Military Lending Act, the provisions of this WebBank/Fingerhut Revolving Credit Account involving consumer credit. By accepting this Agreement, unless you opt out by following the instructions below, you agree that either you or we at our sole discretion, can choose to have any dispute arising out of or relating to this Agreement, or our relationship resolved by binding arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted as allowed by the arbitration rules. In addition, you do not have the right to participate as a representative or member of any class of claimants pertaining to any dispute 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. That is important that you read the entire Arbitration provision carefully before accepting the terms of this Agreement. For purposes of this Arbitration provision, “dispute” shall be construed as broadly as possible, and shall include any claim, dispute, or controversy (whether in contract, regulatory, tort or otherwise, whether pre-existing, present, or future and including all contractual, statutory, common law, intentional tort and equitable claims) arising from or relating to this Agreement, the credit offered or provided to you, or the goods or services you purchase; the actions of yourself, us, or third parties; the locality of this Agreement or this Arbitration provision; it includes disputes brought as counterclaims, cross claims, or third party claims. A party that has brought a dispute in a court may elect to arbitrate any other dispute that may be raised in that litigation. Disputes brought as part of a class action or other representative basis are subject to arbitration on an individual (non-class, non-representative) basis. IF YOU DO NOT OPT OUT THEN YOU WILL HAVE WAIVED YOUR RIGHT TO INDICATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT. In this Arbitration provision, the words “we”, “us”, and “our” shall include Webbank and any assignees of any of WebBank’s rights, any merchant from which you purchased goods or services using your Account, as well as their respective affiliates, services, employees, agents, and further assigns. Any arbitration under this Arbitration provision shall be administered by the American Arbitration Association (“AAA”) under the rules applicable to the resolution of consumer disputes in effect when the dispute is filed. The arbitrator shall have no authority to hear any disputes on a class action or representative basis. Neither you nor we may consolidate or join the disputes of other persons who may have similar disputes into a single arbitration; other than the disputes of our assigned joint account holders. You may obtain rules and forms by calling the AAA at 1-800-778-7879 or visiting www.adr.org. Any arbitration hearing that you attend will take place in the Federal judicial district where you reside. We will not elect arbitration of any dispute that is filed as an individual matter by you in a small claims or similar court, so long as the dispute is pending on an individual basis in such court. A single, neutral arbitrator will decide any disputes. The arbitrator must be either a retired or former judge or a lawyer with no less than 10 years’ experience, selected in accordance with the AAA’s rules. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege under applicable law, and will have the power to award to a party any damages or other relief provided under applicable law. Any party may choose to have a hearing, and may choose to be represented by counsel. The arbitrator will issue an award in writing and, upon request, will provide a written explanation for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The party initiating an arbitration must pay the AAA’s initial filing fee, although you can ask the AAA to waive the filing fee and we will consider our request that we pay the filing fee on your behalf. We will pay any subsequent administration fees imposed by the AAA, and we will pay the arbitrator’s fee for up to one day of hearings. All other fees will be allocated as provided by the AAA’s rules and applicable law. If you prevail in arbitration, we will reimburse you any fees paid to the AAA. However, even if you prevail, we will not refund reimbursement from you of any fees paid to the AAA unless the arbitrator determines that your dispute was brought in bad faith. Each party shall bear its own costs of attorneys, experts, and witness fees, regardless of which party prevails in the arbitration. However, if applicable substantive law gives you the right to seek reimbursement of attorneys’ fees or other fees or costs, then that right shall also apply in the arbitration. You have the right to opt out of this Arbitration provision, but you may only do so in the first 30 days after the first transaction is posted to your Account, in order to opt out, you must write us at WebBank/Fingerhut Arbitration, P.O. Box O260, St. Cloud, MN 56359-0260. You must inform us of your decision to opt out, and sign the notice. This Arbitration provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration provision made in connection with interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 through 16. If any part of this Arbitration provision is determined to be void or unenforceable, then these entire Arbitration provision shall be considered null and void; however, it shall not affect, the validity of the rest of this Agreement. Credit Bureau Disputes: If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to us at: Credit Bureau Reporting Services, 6250 Ridgewood Road, Saint Cloud, MN 56303. Please include a copy of the credit report reflecting the information that you believe is inaccurate. All Accounts, including California and Utah Residents: As required by applicable law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. All Accounts, including New York/Rhode Island/Vermont Residents: You agree to give WebBank (1-800-456-8550) as well as its agents, successors, and assigns) permission to access your credit report in connection with any transaction, extension of credit, and on an ongoing basis, for the purpose of reviewing your Account, adjusting the credit limit on your Account, taking collection actions on your Account, or for any other legitimate purposes associated with your Account. Attorney child support or separate maintenance payments need not be revealed if you do not want us to consider it in determining your creditworthiness. Upon your request, you will be informed of whether or not a consumer 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. Connecticut Residents: Damages may be imposed if a check is dishonored. Connecticut General Statutes § 52-505a authorizes our collection of damages for dishonored checks; criminal penalties may also apply. Maryland Residents: Maryland law requires that if you send us a written request about the status of your Account, and we do not answer that request within 60 days after we receive it, you are not required to pay a finance charge for that 60 day period or until we answer. Missouri Residents: If you prepay your Account in full, you may be entitled to a refund of certain interest under Mo. Rev. Stat. § 408.17C. New Hampshire Residents: Reasonable attorney's fees will be awarded to you if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defenses or set-off, recoupment or counterclaim brought by us, the court may award reasonable attorney fees to the party bringing the claim (the "prevailing party"). Oklahoma Residents: Any individual upon request. The Oklahoma Civil Rights Commission telephone number is 1-800-342-3726, and its website is http://www.dfs.ok.gov. Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy applicants maintaining 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 martial property act adversely affects the interest of a statement, or court decree under Wisconsin's Martial Property Act adversely affects the interest of a creditor unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement or statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. We may require that you pay the entire amount that you have outstanding if you do not pay amounts that come due 2 times within 12 month period. You will also have to pay your entire amount outstanding if you fail to do anything required in this agreement and that failure makes it likely that you will not be able to pay your bills from us as they become due. Texas Residents: To contact us about your Account call 1-800-208-2500. This contract is subject in whole or in part to Texas law as enforced by the Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207. Phone: (800) 582-1579; www.OKCC.state.tx.us. Contact the Commissioner relative to any inquiries or complaints. If you are a Covered Borrower, the provisions of this revolving WebBank/Fingerhut Credit Account involving consumer credit. Oral Disclosure: If you are a Covered Borrower, you may obtain information about the account, including information about the payment obligation, by calling us toll-free at 844-403-7059. Payments. The minimum payment is based on your Account balance, as outlined in the Payment Chart. The minimum payment is due by the date set forth on the Statement. We will not impose any late charges if you pay at least the minimum payment reflected in your Statement by the payment due date specified. If you wish to be at least 24 days from the Statement date. If you wish you may pay more than the minimum payment and at any time you may pay the entire new balance, without penalty. Payment Instructions. All payments made by mail must be made by check or money order, following the instructions in the Agreement and on your Statement. You agree that we may return any payment we make without applying the payment to your Account and without presentation or protest, for reasons including, but not limited to, that the check or money order: (1) is not drawn on the U.S. Post Office or a financial institution located in the United States; (2) is missing its signature; (3) is drawn with different numeric and written amounts; (4) contains a restrictive endorsement; (5) is post-dated; (6) is not payable to WebBank or its assigns; (7) is not payable in U.S. dollars; or (8) is not paid upon presentation. If we accept a check, payment is made in U.S. dollars and/or is not paid upon presentation. If we accept a check, payment is made in U.S. dollars and/or is not paid upon presentation. If we accept a check, payment is made in U.S. dollars and/or is not paid upon presentation. If we accept a check, payment is made in U.S. dollars and/or is not paid upon presentation. If we accept a check, payment is made in U.S. dollars and/or is not paid upon presentation. If we cannot locate any payments, checks or money orders under this Agreement. All payments under this Agreement must be received at the address specified on your billing statement. Payments made electronically must be received within two business days of the date on which they were made. Checks or money orders issued by WebBank. We may charge processing fee for payments made by phone and when made with the assistance of a service representative of the company for an expedited payment posted on the same day. The fee will be disclosed at the time you request to make the payment. <table> <tr> <th>Account Balance</th> <th>To</th> <th>Minimum PMT $</th> </tr> <tr> <td>0</td> <td>$9.99</td> <td>100%</td> </tr> <tr> <td></td> <td>$44.99</td> <td>$9.99</td> </tr> <tr> <td></td> <td>$69.99</td> <td>$11.19</td> </tr> <tr> <td></td> <td>$99.99</td> <td>$14.19</td> </tr> <tr> <td></td> <td>$124.99</td> <td>$17.49</td> </tr> <tr> <td></td> <td>$159.99</td> <td>$21.89</td> </tr> <tr> <td></td> <td>$204.99</td> <td>$27.79</td> </tr> <tr> <td></td> <td>$250.00</td> <td>$34.29</td> </tr> <tr> <td></td> <td>$300.00</td> <td>$42.89</td> </tr> <tr> <td></td> <td>$350.00</td> <td>$53.99</td> </tr> <tr> <td></td> <td>$450.00</td> <td>$65.39</td> </tr> <tr> <td></td> <td>$550.00</td> <td>$79.99</td> </tr> <tr> <td></td> <td>$600.00</td> <td>$99.99</td> </tr> <tr> <td></td> <td>$1,100.00</td> <td>$1,099.99</td> </tr> <tr> <td></td> <td>$1,400.00+</td> <td>5%</td> </tr> </table> How We Figure Periodic Interest Charges. To calculate the Interest Charge for each monthly periodic rate we multiply the average daily balance times the monthly periodic rate. Four monthly periodic rate may vary each billing cycle. If the total periodic interest charges for a month are less than $1.00 then we charge a minimum periodic interest Charge of $1.00 which we will apply to the applicable balance (to the extent permitted by applicable law). Average Daily Balance. We figure the interest charge on your Account by applying the monthly periodic rate to the Average Daily Balance of your Account, including current transactions. To get the Average Daily Balance, we take the beginning balance of your Account each day, add any new purchases on that day, and subtract any payments or credits you apply that day. We add interest charges to each feature on a monthly basis. We add other charges and fees, such as late fees on the day that such charges or fees are posted to your Account. If your Account has an overall credit balance, we treat this as a SOI balance. Purchases subject to Deferal Periods described below are excluded from our calculation of the Average Daily Balance until the day following the expiration of the Deferral Period. This gives us the daily balances. Then we add up all the daily balances for each day in the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance. Non-Variable APR. Your Annual Percentage Rate is 29.99%, which corresponds to a monthly periodic rate of 2.500%. This is a non-variable rate. The finance charges that are assessed, including the monthly periodic rate, will be paid in amounts or at rates that do not exceed those permitted by law. The amount of periodic interest charges and APRs are subject to change. See below under the heading "Change of Terms (including Interest Charges)." The amount of periodic interest charges and APRs are subject to change. See below under the heading "Change of Terms (including Interest Charges)." When interest charges begin to accrue, interest charges begin to accrue on each purchase on the date of the purchase. However, if you paid the new balance on your previous Statement by the payment due date shown, then: (1) if you pay the new balance on your current billing statement by the payment due date shown, we impose no interest charges on purchases during the current billing cycle; and (2) if you make a payment by the payment due date shown on your current statement that is less than the new balance, we will credit that payment as of the first day in your current billing cycle. In addition, if your previous Statement reflected a new balance and you did not pay that new balance in full by the payment due date on that previous statement, then we will not impose interest charges on any purchases during the current billing cycle if you pay the new balance shown on your current Statement by the payment due date reflected on that current Statement. Deferral periods. From time to time, we may offer you the opportunity to enter into promotions. When you make a purchase under a special promotion, it will be identified on your Statements. Each Statement will contain a summary of all deferred purchases, including the unpaid principal balances, any assessed interest charges or dates, until which payments are delivered. The special deferral terms applied to a purchase for a specified period of time, which we will call the "Deferral Period" when you make a deferred purchase, the Deferral Period will be disclosed to you. These special promotions are made available at our discretion, are subject to credit approval, are not available for all purchases and cannot be changed by customer request. There is currently one type of special promotion, although we may add more or remove any of them at any time. No Payments Option. Monthly payments on the deferred purchase are not required during the Deferral Period. Interest will be assessed at the monthly periodic rate in effect during your deferred purchase from the date of purchase. Interest assessed during the Deferral Period will be added to your deferred balance. Regardless of you pay off your deferred balance before the expiration of the Deferral Period, the amount of your deferred purchase(s) is/are not considered when we calculate your minimum monthly payment. Late Fees. Late fees will be equal to your minimum payment amount with a maximum of up to $30.00. The maximum amount will increase to $41.00 if (to the extent permitted by applicable law), the late fee will never be greater than your minimum payment due to which the late fee relates. Returned Payment Fees. Returned payment fees will be equal to your minimum payment due with a maximum amount of up to $30.00. The maximum amount will increase to $41.00 if (to the extent permitted by applicable law), returned payments in any one of the 6 prior billing cycles for( to the extent permitted by applicable law), the returned payment fee will never be greater than your most recent minimum payment due. No Annual Account Fee. You are not charged a separate annual fee to maintain your Account. Application of Payments. Each payment sent to us will be applied to your Account in a manner consistent with applicable law. Generally, we will apply your payment first to satisfy all minimum payments due. You may pay the entire balance on your Account at any time without incurring any additional charge for prepayment. Charge of Terms (including Interest Charges). Subject to applicable law, we may charge or terminate any term of this Agreement or add new terms at any time, including, without limitation, adding or increasing fees, increasing your minimum payment and increasing the rate or amount of interest charges or changing the method of computing the balance upon which interest charges are assessed. Prior written notice will be provided to you when required by applicable law. Changes may apply to new and outstanding balances. Default. You will be in default under this Agreement if: (a) you fail to make at least the minimum payment by the Payment Due Date specified on your Statement; (b) you violate any other provision of this Agreement; (c) you die; (d) you become the subject of bankruptcy, reorganization, insolvency proceedings; (e) you or any part of your property becomes the object of attachment, foreclosure, repossession, lien, judgment, or garnishment, proceeding; (f) you fail to provide to us any information we reasonably deem necessary; (g) you supply us with misleading, false, incomplete or incorrect information; (h) we receive information indicating that you are unable to perform the terms and conditions of this Agreement; (i) you pay out of the United States; or (j) you use your Account in an unlawful manner. Upon default, we have the right to require you to pay your entire Account balance (including all deferred purchases and all unpaid charges), immediately and to sue you for what you will pay out court costs, reasonable attorneys’ fees and other provision costs related to the default to the extent permitted by applicable law. Following any default, any balances outstanding under this Agreement will continue to accrue interest charges until paid in full and will be subject to all the terms and conditions of this Agreement, except that we will apply your payments first to attorneys’ fees and other court costs (to the extent permitted by applicable law), and then in the order set forth in the Application of Payments section. Closing Your Account. We can close your Account at any time. You can cancel or close your Account at any time by writing to us at WebBank, Fingerhut Credit Account Services, P.O. Box 0260, St Cloud, MN 56359-0260. If you have issued you a card with your Account number, you must cut it in half and return it to us. You may not use our Account for any purchase after you cancel or close your Account. If you do not pay us in full when you cancel your outstanding balance will continue to accrue interest charges and other charges, and will be subject to the terms and conditions of this Agreement. Liability for Unauthorized Use/Lost or Stolen Account Numbers. If you notice the loss or theft of your Account number or a possible unauthorized use of your card you should write to us immediately at WebBank, Fingerhut Credit Account Services, P.O. Box 0260, St Cloud, MN 56359-0260 or call us at 1-800-285-2500. 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 you notify us. In any case, your liability will not exceed $50. However, unauthorized use does not include use by a person whom you have given the Account number to or authority to use the Account, and you will be liable for it all use of such a user. To terminate your Account you must send us notice in writing. Change of Name, Address, Telephone Number or Employment. Notify us immediately of any change in your name, mailing address, telephone number or place of employment. Send changes to: WebBank, Fingerhut Credit Account Services, P.O. Box 0260, St Cloud, MN 56359-0260. Consent for Other Users, Requests or On Their Behalf. You authorize WebBank/Fingerhut, their affiliates, agents, and others calling at their request or on their behalf to contact you at any number (i) you have provided to us, (ii) from which you have called us, or (iii) which we contact and believe where you are reached. We may contact you in any way, such as calling, texting, using an automated dialer or leaving pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider. No Oral Modifications: This Agreement cannot be changed orally. Assignment: We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Reporting and Monitoring. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We agree that any government agency may release your residence address to us. Should it become necessary to locate you, you agree that we obtain and believe where you are reached. Personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you and our other cardholders. Updated Financial and Other Information. Upon request, you may obtain information about you from credit bureaus or other third parties at any time. You agree that the information that you provide to us is accurate at the date provided, and that if the information changes you will contact us with the notice of the change. Governing Law/Enforceability. This Agreement and your Account will be governed by federal law applicable to a TDC-insured institution and, to the extent permitted by law and/or preempted by federal law, the laws of Utah, without regard to its choice of law provisions. You agree that this Agreement is entered into between you and us, and reviewed by us, in Utah and we extend credit to you from Utah, whether or not you live in Utah. We will make the decision whether to open an account for you based on criteria established in Utah. If any provision of this Agreement is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Agreement will remain enforceable (except as specifically addressed in the Arbitration provision). Our failure to exercise any of our rights under this Agreement will not be deemed to waive our rights to exercise such rights in the future. This Agreement is a final expression