25-56684-0 ZO1 010
IN THE DISTRICT COURT OF CARTER COUNTY
STATE OF OKLAHOMA
Portfolio Recovery Associates, LLC,
Plaintiff,
vs.
Reyna Darden,
Defendant.
No. CS 26-141
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. CITIBANK, N.A., provided credit to the defendant on account number XXXXXXXXXX7456. The Defendant defaulted on the obligation. The account has been assigned to Plaintiff.
2. Defendant owes Plaintiff $956.32. 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 $956.32, 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]
Account Statement
Summary of Account Activity
Previous Balance $894.02
Payments -$0.00
Other Credits -$0.00
Purchases +$0.00
Cash Advances +$0.00
Fees Charged +$40.00
Interest Charged +$22.30
New Balance $956.32
Past Due Amount $412.00
Credit Limit $0.00
Available Credit $0.00
Cash Advance Limit $0.00
Available Cash Limit $0.00
Amount Over Credit Limit $0.00
Statement Closing Date 11/17/2023
Next Statement Closing Date 12/18/2023
Days in Billing Cycle 30
Payment Information
New Balance $956.32
Minimum Payment Due $484.00
Payment Due Date December 14, 2023
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $40.
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>2 years</td>
<td>$1,139</td>
</tr>
</table>
If you would like information about credit counseling services, call 1-877-337-8111 (TTY: 711).
Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement.
TRANSACTIONS
<table>
<tr>
<th>Trans Date</th>
<th>Description</th>
<th>Reference #</th>
<th>Amount</th>
</tr>
<tr>
<td>FEES</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>11/14</td>
<td>LATE FEE</td>
<td></td>
<td>$40.00</td>
</tr>
<tr>
<td>TOTAL FEES FOR THIS PERIOD</td>
<td></td>
<td></td>
<td>$40.00</td>
</tr>
<tr>
<td>INTEREST CHARGED</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td>11/17</td>
<td>INTEREST CHARGE ON PURCHASES</td>
<td></td>
<td>$22.30</td>
</tr>
<tr>
<td>TOTAL INTEREST FOR THIS PERIOD</td>
<td></td>
<td></td>
<td>$22.30</td>
</tr>
</table>
information About Your Account.
How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. If you do not, you will not get a grace period until you pay the New Balance for two billing cycles in a row. We will begin charging interest on cash advances (if available on your account) on the transaction date.
If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. We may refer to deferred interest promotions as No Interest or No Monthly Interest promotions.
In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens.
How We Calculate Your Balance Subject to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate interest charges. For Methods B and E, we use an average daily balance method (including current transactions) to calculate interest charges. For Methods C, D and M, we use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front.
Other Account and Payment Information.
Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due.
When Your Payment Will Be credited. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section.
Proper Form. For a payment sent by mail or courier to be in proper form, you must:
• Enclose a valid check or money order. No cash, gift cards, or foreign currency please.
• Include your name and the last four digits of your account number.
Payment Other Than By Mail.
• In-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location.
• Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment account you choose.
• Phone. Call the number on Page 1 of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of Page 1 within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice response system.
• Express Mail. Send payment by express mail to: Consumer Payment Dept., 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213.
• Crediting Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request.
If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed.
Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117.
Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1.
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 address for billing errors and customer service inquiries shown on Page 1 of your statement.
In your letter, give us the following information:
1. Account information: Your name and account number.
2. Dollar amount: The dollar amount of the suspected error.
3. 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 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 the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
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 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 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 the address for billing errors and customer service inquiries shown on Page 1 of your statement.
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.
Easily manage your contact information
It's important we have your current contact information, so if anything changes (including your email or mailing address or phone number), please do one of the following to easily update your information:
• You can update your contact information by logging into your online account via the URL located in the Customer Service section on the front of your statement, or
• Call the Account Inquiries phone number located in the Customer Service section on the front of your statement
Account: **** **** **** 7456
2023 Totals Year-to-Date
Total Fees Charged in 2023 $269.00
Total Interest Charged in 2023 $313.08
ACTIVITY AND PROMOTIONS DETAIL
<table>
<tr>
<th>Original Promotion Trans Amount</th>
<th>Promo Trans Date</th>
<th>Previous Balance</th>
<th>Payments & Other Credits</th>
<th>Purchases, Cash Adv, Fees & Other Debits</th>
<th>Interest Charged</th>
<th>New Balance</th>
<th>Promotion Minimum Payment Due</th>
<th>Deferred Interest Charges</th>
<th>Promotion Expiration Date</th>
</tr>
<tr>
<td colspan="10">PURCHASES REGULAR</td>
</tr>
<tr>
<td></td>
<td></td>
<td>$894.02</td>
<td>-</td>
<td>$40.00</td>
<td>$22.30</td>
<td>$956.32</td>
<td>-</td>
<td>-</td>
<td>-</td>
</tr>
<tr>
<td colspan="10">CASH ADVANCES REGULAR</td>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="10">TOTAL</td>
<td>$894.02</td>
<td>$0.00</td>
<td>$40.00</td>
<td>$22.30</td>
<td>$956.32</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
</tr>
</table>
INTEREST CHARGE CALCULATION
Type of Balance
PURCHASES REGULAR
CASH ADVANCES REGULAR
Annual Percentage Rate (APR)
29.99% (M)/(V)
29.99% (M)/(V)
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Balance Subject to Interest Rate
$904.75
$0.00
Interest Charge
$22.30
$0.00
(V) = Variable Rate
THIS PAGE INTENTIONALLY LEFT BLANK
Summary of Account Activity
<table>
<tr><th>Previous Balance</th><td>$416.69</td></tr>
<tr><th>Payments</th><td>+ $127.00</td></tr>
<tr><th>Other Credits</th><td>- $0.00</td></tr>
<tr><th>Purchases</th><td>+ $0.58</td></tr>
<tr><th>Cash Advances</th><td>+ $0.00</td></tr>
<tr><th>Fees Charged</th><td>+ $0.00</td></tr>
<tr><th>Interest Charged</th><td>+ $15.13</td></tr>
<tr><th>New Balance</th><td>$559.40</td></tr>
<tr><th>Past Due Amount</th><td>$0.00</td></tr>
<tr><th>Credit Limit</th><td>$0.00</td></tr>
<tr><th>Available Credit</th><td>$0.00</td></tr>
<tr><th>Cash Advance Limit</th><td>$0.00</td></tr>
<tr><th>Available Cash Limit</th><td>$0.00</td></tr>
<tr><th>Amount Over Credit Limit</th><td>$0.00</td></tr>
<tr><th>Statement Closing Date</th><td>04/17/2023</td></tr>
<tr><th>Next Statement Closing Date</th><td>05/18/2023</td></tr>
<tr><th>Days in Billing Cycle</th><td>31</td></tr>
</table>
Payment Information
<table>
<tr><th>New Balance</th><td>$559.40</td></tr>
<tr><th>Minimum Payment Due</th><td>$29.00</td></tr>
<tr><th>Payment Due Date</th><td>May 14, 2023</td></tr>
</table>
Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $40.
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>2 years</td>
<td>$772</td>
</tr>
</table>
If you would like information about credit counseling services, call 1-877-337-8187 (TTY: 711).
Please update your phone number, including cell phone number on the back of the payment coupon.
TRANSACTIONS
<table>
<tr>
<th>Date</th>
<th>Description</th>
<th>Reference #</th>
<th>Amount</th>
</tr>
<tr>
<td>03/31</td>
<td>PAYMENT REVERSAL</td>
<td>F9199002U000ZH090</td>
<td>$176.00</td>
</tr>
<tr>
<td>03/31</td>
<td>'INTEREST' PREV CYCLE PURCHASES</td>
<td></td>
<td>$0.48</td>
</tr>
<tr>
<td>04/14</td>
<td>AUTOPAY PAYMENT THANK YOU IL</td>
<td>P91940038EPFT6677</td>
<td>$49.00-</td>
</tr>
</table>
FEES
TOTAL FEES FOR THIS PERIOD $0.00
Information About Your Account.
How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. If you do not, you will not get a grace period until you pay the New Balance for two billing cycles in a row. We will begin charging interest on cash advances (if available on your account) on the transaction date.
If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an "excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. We may refer to deferred interest promotions as No Interest or No Monthly Interest promotions.
In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens.
How We Calculate Your Balance Subject to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate interest charges. For Methods B and E, we use an average daily balance method (including current transactions) to calculate interest charges. For Methods C, D and M, we use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front.
Other Account and Payment Information.
Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due.
When Your Payment Will Be Credited. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for express mail is shown in the Express Mail section.
Proper Form. For a payment sent by mail or courier to be in proper form, you must:
• Enclose a valid check or money order. No cash, gift cards, or foreign currency please.
• Include your name and the last four digits of your account number.
Payment Other Than By Mail.
• In-Store (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location.
• Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment account you choose.
• Phone. Call the number on Page 1 of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of Page 1 within the time period disclosed to you on the phone. There is no fee for making a payment using our automated voice response system.
• Express Mail. Send payment by express mail to: Consumer Payment Dept., 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213.
• Crediting Payments other than by Mail. The payment cutoff time for Online bill payments, Phone payments, and Express Mail payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request.
If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed.
Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117.
Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1.
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 address for billing errors and customer service inquiries shown on Page 1 of your statement.
In your letter, give us the following information:
1. Account information: Your name and account number.
2. Dollar amount: The dollar amount of the suspected error.
3. 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 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 the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
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 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 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 the address for billing errors and customer service inquiries shown on Page 1 of your statement.
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.
RPLG FEB20
Account: **** **** **** 7456
TRANSACTIONS (cont.)
Trans Date Description Reference # Amount
INTEREST CHARGED
04/17 INTEREST CHARGE ON PURCHASES $15.13
TOTAL INTEREST FOR THIS PERIOD $15.13
2023 Totals Year-to-Date
Total Fees Charged in 2023 $0.00
Total Interest Charged in 2023 $185.16
ACTIVITY AND PROMOTIONS DETAIL
<table>
<tr>
<th>Original Promotion Trans Amount</th>
<th>Promo Trans Date</th>
<th>Previous Balance</th>
<th>Payments & Other Credits</th>
<th>Purchases, Cash Adv, Fees & Other Debits</th>
<th>Interest Charged</th>
<th>New Balance</th>
<th>Promotion Minimum Payment Due</th>
<th>Deferred Interest Charges</th>
<th>Promotion Expiration Date</th>
</tr>
<tr>
<td colspan="10">PURCHASES<br>REGULAR</td>
</tr>
<tr>
<td></td>
<td></td>
<td>$416.69</td>
<td>$49.00-</td>
<td>$176.58</td>
<td>$15.13</td>
<td>$559.40</td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="10">CASH ADVANCES<br>REGULAR</td>
</tr>
<tr>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr>
<td colspan="10">TOTAL</td>
<td>$416.69</td>
<td>$49.00</td>
<td>$176.58</td>
<td>$15.13</td>
<td>$559.40</td>
<td>$0.00</td>
<td>$0.00</td>
<td></td>
</tr>
</table>
INTEREST CHARGE CALCULATION
Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge
PURCHASES REGULAR 29.99% (M)(V) $594.30 $15.13
CASH ADVANCES REGULAR 29.99% (M)(V) $0.00 $0.00
(V) = Variable Rate
THIS PAGE INTENTIONALLY LEFT BLANK
Card Agreement
This Card Agreement is your contract with us.
It governs the use of your card and account.
The enclosed Facts About Interest and Fees ("Fact Sheet") is part of this Agreement.
Please read this Agreement, including the Fact Sheet, carefully. Keep them for your records.
Authorized Users. You may request additional cards for authorized users. You must pay us for all charges made by authorized users. You must pay us even if you did not intend to be responsible for those charges. You must notify us to withdraw any permission you give to an authorized user to use your account.
Definitions
account means the relationship established between you and us by this Agreement.
APR means an annual percentage rate.
authorized user means any person you allow to use your account.
card means one or more cards or other access devices that we give you to get credit under this Agreement. This includes account numbers.
we, us, and our mean Citibank, N.A., the issuer of your account. Citibank, N.A. is located in Sioux Falls, SD.
you, your, and yours mean the person who appliedtoopentheaccount. It also means any other person responsible for complying with this Agreement.
Your Account
You agree to use your account in accordance with this Agreement. You must pay us for all amounts due on your account. This Agreement is binding on you unless you close your account within 30 days after receiving the card and you have not used or authorized use of the card. Your account must only be used for lawful transactions.
balance goes over your credit limit you still must pay us. If your account has a credit balance, we may reduce the credit balance by any new charges on your account. You may not maintain a credit balance in excess of your credit limit.
Joint Accounts. If this is a joint account, each of you is responsible individually and together for all amounts owed. Each of you is responsible even if the account is used by only one of you. You will continue to be liable for the entire balance of the account, even if your co-applicant is ordered by a court to pay us. You will remain liable to us if your co-applicant fails to pay as ordered by the court. Your account status will continue to be reported to the credit bureau under each of your names.
The delivery of notices or billing statements to either of you serves as delivery to each of you. We may rely on instructions given by either of you. We are not liable to either of you for relying upon such instructions.
Credit Limit. Your credit limit appears on your billing statement. The full amount of your credit limit is available to use where the card is honored. We will notify you separately what part of your credit limit is available for cash advances. That part is called the cash advance limit. We may reduce or increase your credit limit or cash advance limit at any time for any reason as permitted by law. We will notify you of any change, but the change may take effect before you receive the notice. You should always keep your total balance below the credit limit. However, if the total
Checks. We may provide you with cash convenience checks. You may use them to get a cash advance. Use of a cash convenience check will be a cash advance even if you use the check to make a payment to another creditor. You may not use cash convenience checks to pay an amount owed to us under this Agreement or to pay another account with us or an affiliate. We do not certify these checks or return any checks that have been paid.
Billing Statement. Your billing statement shows the New Balance. This is the total amount you owe us on the Statement Closing Date. To determine the New Balance, we begin with the total balance at the start of the billing cycle. We add any purchases or cash advances. We subtract any credits or payments. We then add any interest charges or fees and make other adjustments.
Your billing statement also shows your transactions; the Minimum Payment Due and payment due date; your credit limit and cash advance limit; and your interest charges and fees.
We deliver a billing statement to only one address. You must notify Customer Service of a change in address. We may stop sending you statements if we deem your account
uncollectible or start collection proceedings; but we may continue to add interest and fees as permitted by law.
promotional terms will end when the promotional period expires.
If a promotional offer is a deferred interest offer, no interest charges will be imposed on the deferred interest balance if you pay the balance in full by the end of the promotional period for that deferred interest balance. We will impose interest charges on the deferred interest balance at the APR for regular purchases from the date of purchase if you do not pay the balance in full by the end of the promotional period.
APRs
Variable APRs Based on Prime. If any APR is based on the U.S. Prime Rate ("Prime Rate"), the APR will equal the Prime Rate plus an additional amount. If the Prime Rate increases, it will cause the APR to increase. If the Prime Rate decreases, it will cause the APR to decrease. For each billing cycle we use the Prime Rate published in The Wall Street Journal two business days before the Statement Closing Date. If the Prime Rate causes an APR to change, we put the new APR into effect as of the first day of the billing cycle for which we calculate the APR. We apply the new APR to any existing balances, subject to any promotional rate that may apply. If The Wall Street Journal does not publish the Prime Rate, we will use a similar published rate.
Account APRs. See the Fact Sheet
Effect of APR Increases. If an APR increases, interest charges increase. Your minimum payment may increase as well.
Promotions
We may offer promotional terms for all or a part of any balances. Any promotional terms may apply for a limited period of time. They will be governed by the terms of the promotional offer and this Agreement. Your every billing cycle. If you do not, you will not get a grace period until you pay the New Balance for two billing cycles in a row.
If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an "excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, other than an excluded balance, so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle.
In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens.
Grace Period on Purchases. You can avoid interest charges on purchases, but not on cash advances. This is called a grace period on purchases. The grace period is at least 25 days. To get a grace period on purchases, you must pay the New Balance by the payment due date
Calculation of Interest Charges – Daily Balance Method (Including Current Transactions). We calculate interest charges each billing cycle. To do this:
• We start with each of your different balances. These balances include, for
example, regular purchases, regular cash advances, and different promotional balances. (When we calculate interest charges, we treat each deferred interest transaction separately even if it has the same terms as another deferred interest transaction.)
• We calculate the daily balance for each of your different balances. To get a daily balance, we start with the balance as of the end of the previous day. We add any interest charge on the previous day's balance. (This results in daily compounding of interest charges.) We add any new charges. We then subtract any new credits or payments.
• We multiply each daily balance by the daily periodic rate that applies to it. We do this for each day in the billing cycle. This gives us the daily interest charges for each of your different balances.
• We add up all the daily interest charges. The sum is the total interest charge for the billing cycle.
• You authorize us to round interest charges to the nearest cent.
When we calculate daily balances, we add a purchase or cash advance as of the Transaction Date. (The Transaction Date for a cash advance is the date we get a request to complete a transaction. When you send a cash convenience check directly to someone, the Transaction Date is the date we receive the check for payment. The Transaction Date is on the billing statement.) We add a transaction fee to the same balance as the transaction. We subtract a payment or credit as of the day it is credited to the account and then make other adjustments. We treat a credit balance as a balance of zero.
Minimum Interest Charge. If we charge you interest, the Fact Sheet shows the minimum amount we will charge. We add the charge to the regular purchase balance or allocate it among one or more of the balances that accrues interest.
Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each different balance. The Balance Subject to Interest Rate is the average of the daily balances during the billing cycle. A billing cycle begins on the day after the Statement Closing Date of the previous billing cycle. It includes the Statement Closing Date of the current billing cycle.
Fees
Transaction Fee for Cash Advances. You take a cash advance if you use a cash convenience check; get money through an automated teller machine (ATM); or get money through home banking or a financial institution. You also take a cash advance if you make a wire transfer; buy a money order, traveler's check, lottery ticket, casino chip, or similar item; or engage in a similar transaction. For each cash advance we add a transaction fee of 5% of the amount of the cash advance, but not less than $10.
Late Fee. We may add a late fee for each billing cycle in which you have a past due payment. For late fee purposes, you have a past due payment any time you fail to pay the Minimum Payment Due by the payment due date. The fee will be $27; or $38 for any additional past due payment during the next six billing cycles after a past due payment. However, the fee will not exceed the amount permitted by law. We add this fee to the regular purchase balance.
Information on Foreign Currency Conversion
If you take a cash advance in a foreign currency at a branch or ATM of one of our affiliates, an affiliate of ours may convert it into U.S. dollars. Our affiliate currently uses a conversion rate in effect on its processing date. It uses a government-mandated rate if required to do so. If not, it uses a mid-point market rate. Our affiliate's procedure may change from time to time without notice. If you take a cash advance in a foreign currency anywhere else, MasterCard will convert it into U.S. dollars. MasterCard follows its own operating regulations or procedures.
MasterCard currently uses a conversion rate in effect one day before its transaction processing date. It uses a government-mandated rate if required to do so. If not, it uses a wholesale market rate. The procedures may change from time to time without notice. The conversion rate you get is the one used on the transaction's processing date. This may be different from the one in effect on the Transaction Date.
Payment Instructions. We credit your payments in accordance with our payment instructions on the billing statement. You must pay us in U.S. dollars. To do so, you must use a check, similar instrument, or electronic debit that is drawn on and honored by a bank in the U.S. Do not send cash. We can accept late or partial payments, or payments that reflect "paid in full" or other restrictive endorsements, without losing our rights. We also reserve the right to accept payments made in foreign currency and instruments drawn on funds on deposit outside the U.S. If we do, we select the currency conversion rate. We will then credit your account in U.S. dollars after deducting any costs incurred in processing your payment. Or we may bill you separately for these costs.
Making Payments. You may pay all or part of your account balance at any time. However, you must pay at least the Minimum Payment Due by the payment due date each billing cycle. The sooner you pay the New Balance, the less you will pay in interest charges. The Fact Sheet shows the minimum payment calculation method that applies to your account.
Application of Payments. Payments in excess of the Minimum Payment Due are applied in accordance with law. This means that we will generally apply payments in excess of the Minimum Payment Due to higher APR balances first. However, excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance first in the last two billing cycles of the promotional period. And, if the expiration date of a deferred interest promotion is before the payment due date in the billing cycle in which the deferred interest promotion expires, excess payments received before the deferred interest promotion expires are applied to the deferred interest promotional balance first in the last three billing cycles of the promotional period. Payments equal to or less than the Minimum Payment Due and credits are applied at our discretion and you authorize us to apply payments and credits in a way that is most favorable or convenient for us. This may include applying such payments and credits to lower APR balances first.
Information Sharing
You authorize us to share information about you as permitted by law. This includes information we get from you and others. It also includes information about your transactions with us. Please see our Privacy Notice for details about our information sharing practices.
Changes to this Agreement
We may change the rates, fees, and terms of this Agreement from time to time as permitted by law. The changes may add, replace, or remove provisions of this Agreement. We will give you advance written notice of the changes and a right to opt out to the extent required by law.
Credit Reporting
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 may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you.
Default
You default under this Agreement if you fail to pay the Minimum Payment Due by its due date; go over your credit limit; pay by a check or similar instrument that is not honored or that we must return because it cannot be processed; pay by electronic debit that is returned unpaid; file for bankruptcy; or fail to comply with the terms of this Agreement. If you default, we may close your account and, to the extent permitted by law, demand immediate payment of the total balance.
Refusal of the Card, Closed Accounts, and Related Provisions
If we disagree with you, we will tell you that.
Refusal of the Card. We do not guarantee approval of transactions. We are not liable for transactions that are not approved. That is true even if you have enough credit. We may limit the number of transactions approved in one day. If we detect unusual or suspicious activity, we may suspend your credit privileges.
Preauthorized Charges. We may suspend any automatic or other preauthorized card charges you arrange with a third party. We may do this if you default; if the card is lost or stolen; or we change your account for any reason. If we do this, you are responsible for paying the third party directly if you wish to do so. You are also responsible for reinstating the preauthorized charges if you wish to do so and we permit it.
Lost or Stolen Cards, Account Numbers, or Cash Convenience Checks. You must call us if any card, account number, or check is lost or stolen. You must also call us if you think someone used or may use them without permission. When you call, we may require you to provide information to help our investigation. We may require you to provide this information in writing. For example, we may ask you to identify any charges that were not made by you or someone authorized by you. We may also ask you to confirm that you received no benefit from those charges.
Closing Your Account. You may close your account by notifying us in writing or over the phone. If you close your account, you must still repay the total balance in accordance with this Agreement. We may also close your account or suspend account privileges at any time for any reason. We may do this without prior notice to you. We may also reissue a different card at any time. You must return any card to us upon request.
ARBITRATION
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.
THIS SECTION PROVIDES THAT DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
Covered claims
• You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your account, a previous related account or our relationship (called “Claims”).
• If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.
Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company.
Arbitration limits
• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.
• We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including
actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.
• Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
How arbitration works
• Arbitration shall be conducted by the American Arbitration Association ("AAA") according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7879. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your billing address.
• Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.
• The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law.
• The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.
Paying for arbitration fees
• We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law.
The final award
• Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal shall be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject
Survival and Severability of Terms
This arbitration provision shall survive changes in this Agreement and termination of the account or the relationship between you and us, including the bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.
Rules for rejecting this arbitration provision
You may reject this arbitration provision by sending a written rejection notice to us at: P.O. Box 790340, St. Louis, MO 63179.
Your rejection notice must be mailed within 45 days of account opening. Your rejection notice must state that you reject the arbitration provision and include your name, address, account number and personal signature. No one else may sign the rejection notice. Your rejection notice will not apply to the arbitration provision(s) governing any other account(s) that you have or had with us. Rejection of this arbitration provision won’t affect your other rights or responsibilities under this Agreement, including use of the account.
Governing Law and Enforcing our Rights
Governing Law. Federal law and the law of South Dakota, where we are located, govern the terms and enforcement of this Agreement.
Enforcing this Agreement. We will not lose our rights under this Agreement because we delay in enforcing them or fail to enforce them.
Collection Costs. To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action.
Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party.
For Further Information
Call us toll-free for further information. Call the toll-free Customer Service telephone number shown on the billing statement or on the back of your card. You can also call local or toll-free Directory Assistance to get our telephone number.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at the address for billing inquiries and correspondence shown on the front of your statement.
In your letter, give us the following information:
• Account information: Your name and account 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.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we
must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning correspondence shown on the front of your statement.
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.
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 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 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 the address for billing inquiries and
Fact Sheet
Pricing Information Table
<table>
<tr>
<th colspan="2">Interest Rates and Interest Charges</th>
</tr>
<tr>
<td>Annual Percentage Rate (APR) for Purchases</td>
<td>29.99%*
<br>This APR will vary with the market based on the Prime Rate.
<br>*This variable APR will not exceed 29.99%.
</td>
</tr>
<tr>
<td>APR for Cash Advances</td>
<td>29.99%*
<br>This APR will vary with the market based on the Prime Rate.
<br>*This variable APR will not exceed 29.99%
</td>
</tr>
<tr>
<td>Paying Interest</td>
<td>Your due date is at least 25 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. We will begin charging interest on cash advances on the transaction date.</td>
</tr>
<tr>
<td>Minimum Interest Charge</td>
<td>If you are charged interest, the charge will be no less than $2.00.</td>
</tr>
<tr>
<td>How We Calculate Your Balance</td>
<td>Daily Balance (including current transactions)</td>
</tr>
</table>
<table>
<tr>
<th colspan="2">Fees</th>
</tr>
<tr>
<td>Transaction Fees<br>• Cash Advance</td>
<td>Either $10 or 5% of the amount of each cash advance, whichever is greater.</td>
</tr>
<tr>
<td>Penalty Fees<br>• Late Payment</td>
<td>The fee will be $29; or $40 for any additional past due payment during the next six billing cycles after a past due payment. However, the fee will not exceed the amount permitted by law.</td>
</tr>
</table>
<table>
<tr>
<th>Details About Your Interest Rates and Interest Calculations</th>
<th>Periodic Rate as of 8/1/2023</th>
<th>For variable rates: U.S. Prime Rate Plus</th>
</tr>
<tr>
<td>Regular Purchases*</td>
<td>0.08216% (D)</td>
<td>22.74%</td>
</tr>
<tr>
<td>Regular Cash Advances*</td>
<td>0.08216% (D)</td>
<td>26.70%</td>
</tr>
</table>
(D) = Daily periodic rate. A daily periodic rate is the APR divided by 365.
*This variable APR will not exceed 29.99%.
Variable APRs Based on Prime. If any APR is based on the U.S. Prime Rate ("Prime Rate"), the APR will equal the Prime Rate plus the additional amount shown above. If the Prime Rate increases, it will cause the APR to increase. If the Prime Rate decreases, it will cause the APR to decrease. For each billing cycle we use the Prime Rate published in The Wall Street Journal two business days before the Statement Closing Date. If the Prime Rate causes an APR to change, we put the new APR into effect as of the first day of the billing cycle for which we calculate the APR. We apply the new APR to any existing balances, subject to any promotional rate that may apply. If The Wall Street Journal does not publish the Prime Rate, we will use a similar published rate.
Effect of APR Increases. If an APR increases, interest charges increase. Your minimum payment may increase as well.
Daily Balance (including current transactions). We calculate the daily balance for each of your different balances. To get a daily balance, we take the balance at the end of the previous day, add the interest on the previous day's balance and new charges, and subtract new credits or payments. We figure the interest charge by multiplying the daily balance by its daily periodic rate each day in the billing cycle. We then add up all the daily interest charges and the total is the interest charge for the billing cycle.
Variable Terms Information
Making Payments. We calculate the Minimum Payment Due as follows. We begin with any past due amount. We add any amount specified in a promotional offer. We add any amount required by the Promotion Calculation. We also add the largest of the following:
• The Calculated New Balance if it is less than $29;
• $29 if the Calculated New Balance is at least $29; or
• 1% of the Calculated New Balance plus the amount of your billed interest charges on that balance, any minimum interest charge allocated to that balance, and any applicable late fee. (The result is rounded up to the nearest dollar.) However, we subtract interest charges that accrued during prior billing cycles on a deferred interest balance that ended during the billing cycle covered by the statement.
The Calculated New Balance equals the New Balance on the billing statement less balances subject to the Promotion Calculation and less any balances subject to either of two types of promotional terms. The first type are terms that do not require a minimum payment. The second type are terms that require an additional amount as part of the Minimum Payment Due.
If you have a deferred interest transaction balance subject to the Promotion Calculation, the Promotion Calculation will equal 1% of this balance during the promotion period. (The result is rounded up to the nearest cent.) After the promotion period, any such remaining promotional balance will be included in the Calculated New Balance. The Promotion Calculation will apply if, based on the amount of the transaction as shown on the first statement that displays the transaction and the dollar amount in the Minimum Payment Due calculation in effect at the time of the transaction, we determined that paying such dollar amount each billing cycle would result in repayment of the promotional balance before the end of the promotion period.
The Minimum Payment Due may reflect adjustments to the New Balance. The Minimum Payment Due is never more than the Calculated New Balance plus two amounts. The first is any amount required by a promotional offer. The second is any amount required by the Promotion Calculation.
BILL OF SALE AND ASSIGNMENT
July 2018 Oils & RPL Fresh Flow Accounts
THIS BILL OF SALE AND ASSIGNMENT dated January 25, 2024, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Portfolio Recovery Associates, LLC ("Buyer"), organized under the laws of the State of Delaware, with its headquarters/principal place of business at 120 Corporate Boulevard, Norfolk, VA 23502. ("Buyer").
For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated July 31, 2023 and Addendum No. 4 dated July 31, 2023, between Buyer and the Bank as amended, restated, or otherwise modified from time to time (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file and identified as PRA-Oils-RPL-Fresh-Flow-0124.
Citibank, N.A.
By: ________________
[Signature]
Name: Brandy Reardon
Title: Authorized Party
Portfolio Recovery Associates, LLC
By: ____________________
Leigh Bates
Name: __________________
Title: Senior Vice President
EXHIBIT 1
ASSET SCHEDULE
The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference.
<table>
<tr>
<th>Lot</th>
<th>Sale ID</th>
<th># of Accounts</th>
<th>Sale Balance</th>
<th>Sale Rate</th>
<th>Cut-Off Date</th>
</tr>
<tr>
<td>Oils and RPL Fresh Flow</td>
<td>011724PR1MU1FM</td>
<td></td>
<td></td>
<td></td>
<td>1/17/2024</td>
</tr>
</table>
AFFIDAVIT OF SALE OF ACCOUNT
State of Kentucky
County of Boone
Michelle Bingle, being duly sworn, deposes and says:
I am an authorized employee of Citibank, N.A. ("CBNA") located at 5800 South Corporate Place, Sioux Falls, SD 57108, am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of business records.
On or about January 25, 2024, CBNA sold a pool of charged-off accounts (the Accounts) by a Master Purchase and Sale Agreement dated July 31, 2023, Bill of Sale, and Addendum No. 4 dated July 31, 2023 to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor.
I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge.
EXECUTED on January 29, 2024.
[Signature]
Name: Michelle Bingle
STATE OF KENTUCKY )
COUNTY OF BOONE ) ss.
Subscribed and sworn to before me by _________________________________this __29__ day of __Jan__, 2024
Michelle Bingle
[Seal]
October 22, 2025
My commission expires:
Personally known ✔ OR
Produced identification _____.
Type of identification produced:
N/A
CERTIFICATE OF CONFORMITY
STATE OF KENTUCKY
COUNTY OF BOONE
I, Jill A. Keck, an attorney-at-law of the State of Kentucky who is licensed to practice law in the State of Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the acknowledgement or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgement or proof upon the foregoing document was taken by Kathleen Daugherty, a notary public in the State of Kentucky, in the manner prescribed by the laws of the State of Kentucky and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this 29th day of January, 2024.
Attorney at Law
Jill A. Keck
Kentucky Bar #92841
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 CITIBANK, N.A./AMERICAN AIRLINES and those records transferred to Account Assignee from CITIBANK, N.A. ("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 1/25/2024. 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 REYNA DARREN ("Debtor and Co-Debtor") to the Account Seller the sum of $956.32 with the respect to account number ending in 7456 as of the date of 11/19/2023 with there being no known uncredited 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 $956.32 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 ____________9/29/2025_____________ at Norfolk, VA
Portfolio Recovery Associates, LLC
______________________________
By: _____________Lauren Flack______________, Custodian of Records