Portfolio Recovery Associates, LLC v. Ashley McKenzie

25-45450-0 ZO1 010 IN THE DISTRICT COURT OF WASHINGTON COUNTY STATE OF OKLAHOMA Portfolio Recovery Associates, LLC, Plaintiff, vs. Ashley McKenzie, Defendant. No. CS-2020-91 PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff, by and through its undersigned attorneys who hereby enter their appearance herein, and for its cause of action against the defendants alleges and states as follows: 1. SYNCHRONY BANK, provided credit to the defendant on account number XXXXXXXXXXXXX2851. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $891.00. An Affidavit of Account and/or contract is attached hereto and incorporated by reference. WHEREFORE, Plaintiff prays for Judgment against the Defendant in the sum of $891.00, plus all court costs, accrued and accruing; and for such other relief as the Court may deem just and proper. William L. Nixon, Jr., #012804 Harley L. Homjak, #019736 Gracelyn Porras Dillingham, #35852 Jenifer A. Gani, #021876 Daniela Westfahl, #36242 Mariah S. Ellicott, #36309 Benjamin F. Brackett, #36580 LOVE, BEAL & NIXON, P.C. Attorney for Plaintiff P.O. Box 32738 Oklahoma City, OK 73123 Telephone: 405-720-0565 E-Mail: [email protected] Synchrony Bank P.O. Box 71782 Philadelphia, PA 19176-1782 ASHLEY MCKENZIE 394840 W 2900 RD OCHELATA, OK 74051-2481 RE: Amazon Store Card Account Number: 60457xxxxxxx2851 Account Balance at Time of Sale: 931.00 Dear ASHLEY MCKENZIE, This letter is to inform you that the above-referenced account was sold to Portfolio Recovery Associates, LLC on 02/10/2024. If you have any questions about this account, please contact: Portfolio Recovery Associates, LLC P.O. Box 12914, Norfolk, VA 23541 800-772-1413 https://www.portfoliorecovery.com/ Sincerely, Synchrony Bank Payment Information New Balance: $891.00 Amount Past Due: $384.00 Total Minimum Payment Due: $454.00 Overlimit Amount: $491.00 Payment Due Date: 12/08/2023 Payments must be received by 5pm ET on 12/08/2023 if mailed, or by 11:59pm ET on 12/08/2023 for online and phone payments. Visit us at amazon.syf.com or Call 1-866-771-1104. Late Payment Warning: If we do not receive your Total Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $40.00. 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>15 months</td> <td>$1,001.00</td> </tr> </table> If you would like information about credit counseling services, call 1-877-302-8775. Account Summary Previous Balance as of 10/17/2023: $830.03 Fees Charged: +40.00 Interest Charges: +20.97 New Balance as of 11/15/2023: $891.00 30 Day Billing Cycle from 10/17/2023 to 11/15/2023 Credit Limit: $400 Available Credit: $0 Rewards Summary Rewards Earned YTD: $0.00 See Rewards Detail **Customer Service: For account information, call the number on the front of this statement. For Hearing or Speech disabilities, use a TRS. Unless your name is listed on this statement, your access to information on the account may be limited. You may also mail questions (but not payments) to: P.O. Box 71738, Philadelphia, PA 19176-1738. Please include your account number on any correspondence you send to us. *Payments: Send payments to the address listed on the remit portion of this statement or pay online. Notice: See below for your Billing Rights and other important information. Telephone billing errors will not preserve your rights under federal law. To preserve your rights please write to our Billing Inquiries Address: P.O. Box 71738, Philadelphia, PA 19176-1738. Purchases, returns, and payments made just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your 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 account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose not to have your payments or statements electronically, at the address payment stub, in your own envelope – not the enclosed window envelope, addressed to: P.O. Box 669828, Dallas, TX 75266-7083 and not the Payment Address. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the Billing Inquiries Address of Synchrony Bank, P.O. Box 71738, Philadelphia, PA 19176-1738 In your letter: give us the following information: • Account number • Date of statement • Dollar amount • 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. When 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 on that amount. • 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 amounts that you have overpaid. • We will notify you of our decision within 30 days of receiving your letter requesting action. If we decide in favor of you, we will correct your account. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 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 requirements apply if your purchase was based on an advertisement we mailed to you, or if we owned the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have 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: Synchrony Bank, P.O. Box 71738, Philadelphia, PA 19176-1738 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. Information About Payments: You may at any time pay in whole or in part, the total unpaid balance without any additional charge for prepayment. Payments received after 5:00 p.m. (ET) on any day will be credited as of the next day. Credit to your Account may be delayed up to five days if payment is made by mail to the Payment Address; (b) is not made in U.S. dollars drawn on a U.S. financial institution; (c) is not accompanied by the remittance coupon attached to your statement; (d) is not made in accordance with the terms of a Conditional Payments; All written communications concerning disputed amounts, including any check or other instrument that: (i) indicates that the payment constitutes "payment in full" or a satisfaction or settlement of a disputed amount, or (ii) is tendered with other conditions or limitations (except for Prepayment), must be mailed or delivered to us at P.O. Box 71738, Philadelphia, PA 19176-1738. Credits To Your Account: An amount shown in parenthesis and preceded by a minus (-) sign is a credit or credit balance unless otherwise indicated. Credits will be applied to you previous balance immediately upon receipt, but will not satisfy any required payment that may be due. Credit Reports And Account Information: If you believe that we have reported inaccurate information about you to a consumer reporting agency, please contact us at P.O. Box 71738, Philadelphia, PA 19176-1738. In doing so, please identify the inaccurate information and let us know why you believe it is incorrect. If you have a copy of the credit report that contains the inaccurate information, please include a copy of that report. 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. Interest Calendar Method Daily Balance Method: We figure the interest charge on your account by applying the periodic rate to the daily balance of your account from the last day in the billing cycle. We then add the interest to the daily balance. To get the "daily balance" we take the beginning balance of your account each day (which includes unpaid interest), add any new charges, and applicable fees, and subtract any payments or credits. This gives us the daily balance. Any daily balance of zero or more will be treated as zero. A separate daily balance will be calculated for each balance type on your account. The balance(s) shown in the Interest Charges section of your statement are the sum of the daily balances for each day in the billing cycle divided by the number of days in the billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. Please refer to the due date shown on the front of your statement. Your Account is owned and serviced by Synchrony Bank. [WF645552/FC] O1PJS484 - 03/08/23 Bankruptcy Notice: If you file bankruptcy, you must send us notice, including account number and all information related to the proceeding to the following address: Synchrony Bank, Attn: Bankruptcy Dept., P.O. Box 71783, Philadelphia, PA 19176-1783. This is an attempt to collect a debt and any information obtained will be used for that purpose. *By providing a telephone number on your account, you consent to Synchrony Bank and any other owner or servicer of your account contacting you about your account, including using any contact information or cell phone numbers you provide, and you consent to the use of any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. For charges of address, phone number and/or email, please check the box and print the changes below. Street Address City, State Zip Phone # Email *Home Phone # *Business Phone # *Cell # or other phone # we can use to contact you **Email Address *By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address with the named retailer on this account. Rewards Detail <table> <tr> <th>Rewards Earned YTD</th> <th>$0.00</th> <th>Prime Cardholders can earn 5% Back on eligible Amazon.com purchases, and also earn Bonus Rewards by purchasing select items at Amazon.com.</th> </tr> <tr> <td>Previous Rewards Balance</td> <td>$0.00</td> <td></td> </tr> <tr> <td>+ 5% Rewards Earned</td> <td>$0.00</td> <td></td> </tr> <tr> <td>+ Bonus Rewards Earned</td> <td>$0.00</td> <td></td> </tr> <tr> <td>+ Adjustments</td> <td>$0.00</td> <td></td> </tr> <tr> <td>- Rewards Points Redeemed</td> <td>$0.00</td> <td>Visit amazon.com or www.synchbank.com/amazon to redeem available rewards. For more details about the 5% program, visit www.amazon.com/storecard.</td> </tr> <tr> <td>= Rewards as of statement date</td> <td>$0.00</td> <td></td> </tr> <tr> <td></td> <td></td> <td>Returned rewards for automatic statement credit enrolled cardholders may not be displayed in the Rewards Detail table. Please check the Transaction Activity for full statement credit redemption.</td> </tr> </table> Account Balance Summary <table> <tr> <th>Balance Type</th> <th>Purchase Date/Amount</th> <th>Previous Balance</th> <th>Payments & Other Credits (+)</th> <th>Purchases, Fees & Others Debits (-)</th> <th>Interest Charged (+)</th> <th>Expired Promotion Balances* (+/-)</th> <th>New Statement Balance</th> </tr> <tr> <td>Regular</td> <td></td> <td>$830.03</td> <td>-</td> <td>$40.00</td> <td>$20.97</td> <td>-</td> <td>$891.00</td> </tr> <tr> <td>Total</td> <td></td> <td>$830.03</td> <td>-</td> <td>$40.00</td> <td>$20.97</td> <td>-</td> <td>$891.00</td> </tr> </table> If you have promotional balances, additional promotional details can be found below in the Promotional Purchase Summary. * Expired promotional balances will display in both the promotional and regular purchases balance row during the month of expiration. Transaction Detail <table> <tr> <th>Date</th> <th>Reference #</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td colspan="3">Total Fees Charged This Period</td> <td>$40.00</td> </tr> <tr> <td>11/08</td> <td></td> <td>LATE FEE</td> <td>$40.00</td> </tr> <tr> <td colspan="3">Total Interest Charged This Period</td> <td>$20.97</td> </tr> <tr> <td>11/15</td> <td></td> <td>INTEREST CHARGE ON PURCHASES</td> <td>$20.97</td> </tr> </table> 2023 Year-to-Date Fees and Interest <table> <tr> <th>Total Fees Charged</th> <td>$360.00</td> </tr> <tr> <th>Total Interest Charged</th> <td>$177.81</td> </tr> <tr> <th>Total Interest Paid</th> <td>$72.56</td> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate <table> <tr> <th>Type of Balance</th> <th>Expiration Date</th> <th>Annual Percentage Rate</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Purchases</td> <td>N/A</td> <td>29.99% (v)</td> <td>$850.68</td> <td>$20.97</td> </tr> </table> Cardholder News and Information YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. If you need to contact Synchrony about the loss of a Synchrony cardholder, you can submit a deceased notification form located at www.syl.com under the 'Contact Us' page. This is a duplicate courtesy copy of your most recent billing statement. You can still view and pay your electronic statement online. You can pay your bill online or over the phone. We noticed you've been enjoying our easy paperless payment options, so we will no longer be including return envelopes. You can make things even easier by selecting the paperless statement option on your account online. NOTICE:We may convert your payment into an electronic debit. See back of page one for details, Billing Rights and other important information. Rewards Earned YTD through end of 2023 will only include rewards earned as of May 2, 2023. To view Rewards Earned YTD prior to May 2, 2023 please reference your April billing statement. This will only reflect this way on statement through the remainder of 2023 and will reflect a full YTD in 2024 onward. This does not impact the total rewards you can see as available on your account. SYNCHRONY BANK PRICING INFORMATION ADDENDUM FOR YOUR AMAZON.COM STORE CARD ACCOUNT ENDING IN 2851 <table> <tr> <th colspan="2">Interest Rates and Interest Charges</th> </tr> <tr> <th>Annual Percentage Rate (APR) for Purchases</th> <td>The APR for purchases is the prime rate plus 22.74%.<br> The daily rate for purchases is the prime rate plus 22.74%, times 1/365.<br><b>This APR will vary with the market based on the prime rate.</b></td> </tr> <tr> <th>How to Avoid Paying Interest</th> <td>Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.</td> </tr> <tr> <th>Minimum Interest Charge</th> <td>If you are charged interest, the charge will be no less than $1.50.</td> </tr> </table> <table> <tr> <th colspan="2">Fees</th> </tr> <tr> <th>Penalty Fees • Late Payment</th> <td><b>Up to $40</b><br>We will charge you a late payment fee for each billing cycle the minimum payment due is not paid in full by its payment due date. The late payment fee will be the amount of the missed payment, up to:<br>$29.00 the first time you are late, and<br>$40.00 if your payment is late again within the next six billing cycles.<br>In any event, the late payment fee will not be more than the total minimum payment that was due.</td> </tr> </table> How We Will Calculate Your Balance: We use a method called "daily balance". Variable Rate Information The prime rate for a billing cycle is the highest bank prime loan rate as published in The Wall Street Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the billing cycle. If the prime rate increases, the daily rates (and corresponding APRs) may increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We will apply any change in the daily rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the billing cycle after the change. We may select a new interest rate index if the prime rate is not available. Effective immediately, the Purchase APR applicable to your account will not exceed 29.99%. Other than this, the way that we calculate your APR(s) and interest on your account is not changing. SYNCHRONY BANK SECTION I: RATES AND FEES TABLE AMAZON STORE CARD ACCOUNT AGREEMENT Information from Section I of the Amazon Store Card Account Agreement is provided in the accompanying Pricing Information Addendum. SECTION II: RATES, FEES AND PAYMENT INFORMATION AMAZON STORE CARD ACCOUNT AGREEMENT How Interest is Calculated <table> <tr> <th>Your Interest Rate</th> <td>We use a daily rate to calculate the interest on the balance on your account each day. The daily rate for purchases is the APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law. See the accompanying Pricing Information Addendum for your specific APR.</td> </tr> <tr> <th>When We Charge Interest</th> <td>We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.<br> • We will not charge you interest during a billing cycle on any purchases if:<br> 1. You had no balance at the start of the billing cycle; OR<br> 2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.<br> • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:<br> 1. You had no balance at the start of the previous billing cycle; OR<br> 2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.</td> </tr> <tr> <th>How We Calculate Interest</th> <td>We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and balances subject to different interest rates, plans or special promotions. See below for how this works.<br> 1. How to get the daily balance: We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.<br> We apply fees to balance types as follows:<br> (a) late payment fees are treated as new purchases; and<br> (b) debt cancellation fees are added proportionately to each balance.<br> 2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.<br> 3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily balance from step 1.<br> 4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were charged during the billing cycle.<br> We charge a minimum interest in any billing cycle in which you owe interest. See the accompanying Pricing Information Addendum for the amount of your minimum interest charge.</td> </tr> </table> How Fees Work <table> <tr> <th>Late Payment Fee</th> <td>We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. See the accompanying Pricing Information Addendum for the amount of this fee.</td> </tr> </table> Minimum Payment Calculation See the accompanying Variable Terms Addendum for how your total minimum payment is calculated. Special Promotional Financing Offer Information At times, we may offer you special financing promotions for certain transactions ("special promotions"). The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the term in this Agreement will be explained on promotional advertising or other disclosures provided to you. Below is a description of certain special promotions that may be offered: <table> <tr> <th>No Interest if Paid in Full Within 6 Months</th> <td>For each promotion, if the promotional balance is not paid in full within the promotional period, interest will be imposed from the date of purchase at the APR that applies to your account when the promotional purchase is made.</td> </tr> <tr> <th>No Interest if Paid in Full Within 12 Months</th> <td></td> </tr> <tr> <th>No Interest if Paid in Full Within 24 Months</th> <td>See the accompanying Pricing Information Addendum for your purchase APR. This APR will vary with the market based on the prime rate.</td> </tr> </table> When you make a qualifying purchase under one of these promotions, no interest will be assessed on the purchase if you pay the following (the "promotional balance") in full within the applicable promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance/debt cancellation charges. If you do not, interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to non-promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. These promotional offers may not be available at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered. SECTION III: STANDARD PROVISIONS AMAZON STORE CARD ACCOUNT AGREEMENT ABOUT THE CREDIT CARD ACCOUNT AGREEMENT This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time. Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your." Synchrony Bank may be referred to as "we," "us" or "our." Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges. Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you. HOW TO USE YOUR ACCOUNT/CARD Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases at Amazon.com, Amazon Books and other Amazon owned or affiliated locations that accept the card and for purchases from other merchants who have enabled the Amazon Store Card as a payment option using Pay with Amazon. You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions. Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may decline any particular charge on your account for any reason. Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit. HOW AND WHEN TO MAKE PAYMENTS When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it. Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States. How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used. Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion. INFORMATION ABOUT YOU Using and Sharing Your Information. When you applied for an account, you gave us and Amazon.com information about yourself that we could share with each other. Amazon.com will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account. Address/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You also agree to tell us right away if you change your address or any phone number. Consent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on the back of your card. Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us. IMPORTANT INFORMATION ABOUT YOUR ACCOUNT Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do. Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees. Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965015, Orlando, FL 32896-5015. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed. Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations. Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-866-634-8379. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account. IMPORTANT INFORMATION ABOUT THIS AGREEMENT Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply. Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah. Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation. RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. 1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below, in addition, any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). 2. This Arbitration section broadly covers claims, including counterclaims, based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim. 3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection. 4. However, we will not require you to arbitrate any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. 6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator. 8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. 9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator's rules or applicable law. 10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced. Notwithstanding the foregoing, you will be required to advance half of all administrative fees and arbitrator’s fees (and to be responsible for payment of such fees to the extent not advanced) if you pursue arbitration as part of a group of similar arbitrations, or if you otherwise seek to participate in a mass arbitration proceeding. If an arbitration already in process is later determined to be part of a mass arbitration proceeding, we shall have the right to request that the arbitrator order you to reimburse us for fees already paid or advanced. 11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded. 14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable. SECTION IV: OTHER IMPORTANT INFORMATION AMAZON STORE CARD ACCOUNT AGREEMENT NOTICE FOR ACTIVE DUTY MILITARY MEMBERS AND THEIR DEPENDENTS: The following disclosures apply to you if, at the time your account is opened, you are a “covered borrower” as defined in the Military Lending Act, which includes eligible active duty members of the Armed Forces and their dependents: 1. The provision in this Agreement called “Resolving a Dispute with Arbitration” will not apply to your account. 2. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). 3. You can call 1-855-367-4541 to hear the information in item 2 (above) and a description of the payment obligation for your account. The rest of the language in this section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the request for customer agreement. SYNCHRONY BANK VARIABLE TERMS ADDENDUM FOR YOUR AMAZON.COM STORE CARD ACCOUNT Minimum Payment Calculation. Your total minimum payment is calculated as follows. The greater of: 1. $29, or $40 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles. OR 2. The sum of: a. Any past due amounts; PLUS b. 1% of your new balance shown on your billing statement (excluding any balance in connection with an Equal Payment Offer); PLUS c. Any payment due in connection with an Equal Payment Offer; PLUS d. Any late payment fees charged in the current billing cycle; PLUS e. All interest charged in the current billing cycle. We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with an Equal Payment Offer will not be increased to, but may be included in, the $29 or $40 minimum amount otherwise due. synchrony 965 Keller Rd Altamonte Springs, FL 32714 BILL of SALE PRA (SFFLPRFS) – PLCC Fresh – February 2024 IC_SFFLPRFS_DMPLA_DebtManager-20240211042742813806000-366654-PLCMNT-EXPORT.xml.gzip Transfer Date: 2/10/2024 For value received and in further consideration of the mutual covenants and conditions set forth in the Master Account Sale Agreement (the “Agreement”), dated as of this 13th day of February, 2023 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, LLC, Synchrony Card Funding, LLC and Retail Finance Credit Services, LLC., (“Seller”) and Portfolio Recovery Associates, LLC (“Buyer”), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement and Account Sale Addendum dated 2/2/2024), delivered by Seller to Buyer on or about 10th day of February, 2024, and as further described in the Agreement. The aggregate Sale Balance of the accounts as of the Transfer Date was [REDACTED] Synchrony Bank By: Lynne Fisher 2/28/2024 Title: SVP Recovery Operations RFS Holding LLC By: Lynne Fisher 2/28/2024 Title: Duly Authorized Signatory Synchrony Card Funding, LLC By: Lynne Fisher 2/28/2024 Title: Duly Authorized Signatory Retail Finance Credit Services, LLC By: Lynne Fisher 2/28/2024 Title: Vice President AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Florida County of Seminole Alexa Stubbs being duly sworn, deposes and says: I am over 18 and not a party of this action. I am a Media Representative of Synchrony Bank formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 2/10/2024 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 8th day of March, 2024 Alexa Stubbs Signed and sworn to before me this 8th day of March, 2024 (Notary Stamp) KIARA PLAZA Notary Public State of Florida Comm# HH134938 Expires 5/26/2025 DECLARATION OF CUSTODIAN OF RECORDS I, the undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby declare, certify, and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the Original Creditor SYNCHRONY BANK/AMAZON and those records transferred to Account Assignee from SYNCHRONY BANK ("Account Seller"), which have become a part of and have integrated into Account Assignee’s business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller’s interest in such account having been sold, assigned and transferred by the Account Seller on 2/10/2024. Further, the Account Assignee has been assigned all of the Account Seller’s power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from ASHLEY MCKENZIE ("Debtor and Co-Debtor") to the Account Seller the sum of $931.00 with the respect to account number ending in 2851 as of the date of 12/13/2023 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $891.00 as due and owing as of the date of this declaration. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual and declares that the Defendant is not on active military service of the United States. 7. I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct. Executed on ________11/15/2025___________ at Norfolk, VA Portfolio Recovery Associates, LLC By: _______________Sherilyn Dela Cruz______________, Custodian of Records