VISA
®PLATINUM CARD
EFFECTIVE JANUARY, 27, 2010 ALL ACCOUNTS
General AgreementA. This Agreement and disclosure statement contains the terms and disclosures that apply to VISA® Platinum credit card accounts with Credit Union of America. In this agreement "you," and "your," "Borrower" and "Co-borrower" refers to and includes, where appropriate, all persons who sign this agreement. "Credit Union," "we," "our," or "us" refers to Credit Union of America.
B. You agree that credit cards are issued based on our acceptance of your application at our principal place of business in Wichita, Kansas.
C. The Agreement governs any account for which you are liable, now or in the future. By signing, using, or allowing someone else to use your Account, you accept the terms of this Agreement and agree to be bound by its terms.
1.Eligibility- You must be a member in "good standing" with the Credit Union to be eligible for any credit card.A member in “good standing” means: (A) Maintaining a minimum $25.00 share account balance and all accounts must have a positive balance, (B) Keeping all loan and credit card accounts with us current, and (C) Keeping all loan and credit card accounts with other creditors current. If you are not in “good standing” with Credit Union of America and other creditors, we reserve the right to terminate your use of the card. 2. Credit Limit- We will provide you with notification of your maximum credit limit (A) When you open your account, (B) When ever a card is sent to you, and (C) On your monthly statement.You agree the Credit Union can change your limit at any time.You agree never to use your card when that use will exceed the maximum credit limit assigned.We may reevaluate your financial condition if you request a higher credit limit, or at any other time. This may include obtaining a credit bureau report, asking for current financial information and evaluating your credit performance with us. By giving you written notice, we may reduce your credit limit from time to time, or revoke your card and terminate this agreement. Termination does not affect your obligation to repay the account balance.We may also increase your credit line from time to time, as allowed by law, after evaluation of your ability to repay the extension of credit. If you do not wish your credit line increased, you must notify us in writing.
3. Revocation– If you revoke the authority of someone to use your Account, the revocation is not effective until that person’s Card expires or you return it to us, whichever is first. Each joint user agrees to pay all amounts due for charges made by any joint user until all Cards are returned to us and the balances are paid in full.
4. Credit Information– You authorize us to investigate your credit standing when opening, renewing, or reviewing your account. You authorize us to disclose information regarding your account to credit bureaus and other creditors who inquire of us about your credit outstanding, to the extent authorized by law. 5. Minimum Monthly Payment– Each month we will send you a statement showing your previ-ous balance, any new transactions, payments, credits, FINANCE CHARGES, fees, ending balance, credit available, payment due date and minimum payment due. Your payment due date will remain the same each month. You must make a minimum payment that is 2.5% of your new bal-ance, or $20.00, whichever is more, PLUS the amount of any past due payments by the payment due date. You may of course pay more frequently, pay more than the minimum payment, or pay the total balance in full and you will reduce the FINANCE CHARGE by doing so. If you fail to make a minimum payment by the due date, a late charge will apply and use of the card may be suspended until payment is received. Any payment over the minimum payment, will be applied to the highest Annual Percentage Rate (APR) balances in sequential order. You may not request payments be applied in a specific manner. If you pay more than your minimum payment due as shown on your statement, your next minimum payment will be reduced by the amount of the over payment you paid (maximum 1 month paid ahead). From time to time, at our option, we may allow you to skip your minimum payment due. If you choose to skip that payment, finance charges will continue to assess and the next month your normal minimum payment will resume. 6. Responsibility– If this is a joint account or a co-signed account, each person on the account (borrower/co-signer) must sign the agreement (application). Each of you will be individually and jointly responsible for paying all amounts owed under this agreement. You are responsible for any charges made by yourself and anyone else to whom you give the card and/or Account number. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions, if you so request, and return all cards. This means that the Credit Union can require any one of you, individually, to repay the entire amount owed under the agreement. Your obligation to pay the account balance continues even through a divorce decree agreement or other court judgment (to which we are not a party) may direct you or one of the other per-sons responsible to pay the Account balance. Each of you authorizes the other(s) to make pur-chases or cash advances individually. Any one of you may terminate the account and the termi-nation will be effective to all of you. If you have named an authorized user and requested a card be issued to them, you authorize that user to make charges to the account and agree to be liable for any and all charges they make.
7. Finance Charges–The introductory (promotional) rate that you receive when you open your Account, will remain for a minimum period of six (6) months after the opening date. At the end of the promotional period, the rate will change to the variable annual percentage that was assigned to your account when you opened it, based on your credit score. If you become 3 billing cycles past due, your Annual Percentage Rate will increase to 18.00% on both Purchases/Balance Transfers and Cash (see Penalty Pricing information below)
The Annual Percentage Rate (APR) is variable, but will not change for the first (1) year after the account has been opened. Thereafter the rate may change four (4) times annually (January, April, July, and October) if the index changes and two (2) times annually in May and November, depending on your credit worthiness.
On Purchases/Balance Transfers/Cash Advances, the index will be the highest Prime Rate in the Wall Street Journal on the 15th of the month prior to the month of the change (currently 3.25% as of 11/23/09), plus:
Purchases/Bal Trans Cash
6.65 8.65 basis points for Tier 1 credit scores 720+ 8.65 10.65 basis points for Tier 2 credit scores 690-719 10.65 12.65 basis points for Tier 3 credit scores 650-689 12.65 14.65 basis points for Tier 4 credit scores 610-649 14.75 14.75 basis points for Tier 5 credit scores 001-609 Rate changes due to the index changing, up or down, will affect new transactions and existing balances. See table for current Annual Percentage Rates (APR) and Monthly Periodic Rates (MPR – Annual Percentage Rate divided by 12 months). You may not decline acceptance of these rate changes. The minimum Annual Percentage Rate will be 9.90% Purchase/Balance Transfers, 11.90% Cash Advances and the maximum will be 18.00% both Purchases/Balance Transfers and Cash Advances.
Rate changes for creditworthiness will change your Annual Percentage Rate (APR) by no more than 1 tier in the months of May and November. That increase/decrease will affect new transac-tions only. Prior balances will be locked in at the prior rate on your Account. You may decline acceptance of these rate changes by closing your card Account and paying off your balance at the prior rate. To decline acceptance of the rate change, call 1-800-654-7728.
Penalty Pricing - If you fail to make 3 consecutive monthly payments by the payment due date, your Annual Percentage Rate will increase to 18.00% on both Purchases/Balance Transfers and Cash advances for the next six (6) month period. If no late payments are received during that six (6) month period, your Annual Percentage Rate will revert back to the rate on your account prior to the penalty phase. Penalty Pricing will apply to the entire existing balance.
Finance Charges for the billing cycle are computed by applying the Monthly Periodic Rate to the average daily balance of Purchases/Balance Transfers and Cash Advances or other charges, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance is determined by adding the previous balance of
Purchases/Balance Transfers or Cash Advances, any new Purchases/Balance Transfers or Cash Advances, and subtracting any payments received and credits posted to your account, but exclud-ing any unpaid Finance Charges.
Finance Charges will begin to accrue on Cash advances including ATM Cash Advances from the date of the transaction. There is no grace period for Cash Advances, and no way of avoiding pay-ing Finance Charges on Cash Advances. There is a Cash Advance Transaction Fee of $5.00 per Cash Advance Transaction.
There is a grace period on Purchases/Balance Transfers, if you pay the balance in full by the pay-ment due date.
8. Available Credit Limit- You may use the card for purchases and cash advances up to your credit limit. Each purchase or cash advance reduces your available credit limit.Your payments replenish your available credit limit by the amount of the payment
9. Fees
-A) Late Payment:You agree that a late payment fee of $25.00will be charged to your account if the Minimum Monthly Payment is not received by the payment due date.
B) Non-Activity:You agree that a non-activity fee (FINANCE CHARGE) of $15.00 will be charged, annually, to the account if you have not used your VISA Platinum account at least once in the prior twelve(12) months. C) Return Check:You agree there will be a $24.00charge for any returned check or for any nonpayment through the Automated Clearing House (ACH).
D) Documentation Charges- You may be assessed a $2.00charge for copies you request of a document (sales drafts, cash advance drafts, credit vouchers, convenience checks, copies of statements), plus research time and any other pass through charges assessed to us by others in connection with your Account. No charges will be imposed in connection with any good faith assertion of a billing error on your account. E) Credit Life and Disability Insurance- If you choose to purchase Credit Life or Disability Insurance through us, you authorize us to add its cost to your Account each month. Credit Life and Disability Insurance is voluntary and does not have to be purchased to obtain credit.
F) Card Replacement Fee - A card replacement fee of$5.00 will be assessed. G) Balance Transfer Fee- $5.00per transferred balance.
10. Card Ownership- We issue cards at your request for your use alone, but they are our property. We may renew your cards from time to time. We may cancel or revoke credit privileges at any time without changing your liability for credit we have already extended to you. You agree to deliver, at our demand, all cards bear-ing your Account number to us or to our agent.
11. Promise to Pay- You promise to pay in U.S. Dollars for all credit which is incurred through the autho-rized use of your Account number or with the card(s) you requested. You also agree to pay all FINANCE CHARGES and other charges connected with your credit.
12. Default- You will be in default if you do not make any minimum payment or other required payment when it is due.You will be in default if we determine that your credit worthiness (which includes your ability to repay us) has become unsatisfactory due to change in employment, in the event of bankruptcy or insolven-cy, if you die, if you try to exceed (or do exceed) your credit limit without our permission, if attachment or garnishment proceedings are instituted against you or your property, if you fail to provide updated informa-tion, which we request from time to time or if you fail to comply with any provision of this agreement. You will be in default if you make any false or misleading statements in any credit application or update of credit information.You are in default if you are in default with any other Credit Union loan or obligation, or with any other creditor you owe.We can accept late or partial payments or delay enforcement, without losing any of our rights under this agreement. If immediate payment is demanded, you will have to pay interest at the applicable rate until what you owe has been paid in full. If you are in default, you also agree to pay all the usual and customary costs of collection permitted by law including court costs and reasonable attorney fees. The Credit Union can exercise any other rights given by law when you are in default. If the law makes any terms of this agreement unenforceable, the other terms will remain in effect.
13. Change of Address- You will advise us promptly if you change your mailing address.All written notices and statements from the Credit Union to you will be considered given when mailed to the current address as it appears on the Credit Union's records. If you request a replacement card or PIN and your address change has not been verified in writing, your request may be delayed until we receive that verifi-cation from you.
14. Statements and Notices – Will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one borrower will be considered notice to all borrowers. 15. Authorized/Unauthorized Use– You agree that “authorized use” means any purchase, service, cash advance, mail order or other credit incurred by the use of your credit card(s) and/or your Account number, whether such use is by you or any other person who is allowed to use the card or Account number by you, regardless of the benefit of use. We agree to advance amounts necessary to pay for all proper purchases, ser-vices, or cash advances, provided you are not past due, in default, and abide by the terms of this Agreement. You agree that “unauthorized use” means the use of the credit card(s) which has occurred or may occur as the result of loss, theft, or wrongdoing, and which is by a person other than you or your agent, who does not have actual implied or apparent authority for such use and from which you receive no benefit.You agree to notify us promptly upon learning of the loss, theft or unauthorized use of the card by calling us 24 hours a day/7 days per week at 800-449-7728.
16. Modifications- Any part of this agreement can be modified at any time, as long as the Credit Union gives you advance written notice as required by law (see # 25, Effect of Agreement).
17. Cancellation- You can cancel this account at any time by returning to the Credit Union, your card, along with a letter requesting that we cancel the account. However, your obligation under this agreement and any charges made prior to cancellation will continue to apply until you have paid all the money you owe on this account.Additionally, the Credit Union can cancel this agreement at any time.
18. Card Use– You agree to sign the card immediately, upon receipt. You may use the Card issued to you to make purchases in person, and by mail, telephone or on-line from merchants and others who accept VISA cards. In addition, you may obtain cash advances from the Credit Union, from other financial institutions par-ticipating in the VISA program and from automated teller machines (ATMs), such as VISA ATM Network, which provide access to the VISA system. (Not all ATMs provide such access). You will need to use your Personal Identification Number (PIN) to obtain a cash advance from an ATM.The monthly statement will identify the merchant, electronic terminal or financial institution at which transactions were made, but sales, cash advance, credit or other slips cannot be returned with the statement.You will retain the copy of such slips furnished at the time of the transaction in order to verify the monthly statement.We may make a reasonable charge for photocopies of slips you request.
19. Illegal Use – You agree not to use your Card(s) for gambling or any other illegal purpose. Display of a payment card logo, by an on-line merchant does not necessarily mean that the trans-actions are lawful in all jurisdictions in which the cardholder may be located.
20. Liability for Unauthorized Use–You agree to notify us immediately, orally or in writing at PO Box 31281,Tampa, FL 33631-3281, or telephone (800)449-7728 twenty four (24) hours a day, seven (7) days a week of the loss, theft or unauthorized use of your credit card. You may be liable for the unauthorized use of your credit card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or possible unauthorized use. You will have no liability for unauthorized purchases/cash advances made with your credit card, unless you are grossly negligent in the handling of your card. In the event of ANY fraudulent activity or unauthorized obtainment of account information, you hereby agree to notify us immediately upon notice and complete all necessary paperwork, not limited to police reports, affidavits, dis-closures, etc. You also agree to assist our personnel in obtaining and giving information on potential sus-pects and provide any and all needed documents, emails or correspondence to assist in the information of any and all fraud related issues pertaining to your membership.
21. Returns and Adjustments- Merchants and others who honor the Card may give credit for returns or adjustments, and they will do so by sending us a credit slip which we will post to your Account. If your cred-its and payments exceed what you owe us, we will hold and apply this credit balance against future purchas-es and cash advancpurchas-es, or if it is $1 or more, refund it upon your written requpurchas-est or automatically at 6 months.
22. Foreign Transactions - Purchases and Cash advances made in a foreign country and/or in for-eign currency will be billed to you in US Dollars. You will be charged a transaction fee for these transactions of 3% of the US Dollar amount of each such transaction. This fee will be in addition to any other applicable fee for the transaction type.
23. Merchant Disputes- We are not responsible for the refusal of any merchant or financial institution to honor your Card. We are subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the Card only if you have made a good faith attempt, but have been unable to obtain satisfaction from the merchant, and: (A) your purchase was made in response to an advertisement we sent or participated in sending you, or (B) your purchase cost more than $50 and was made from a mer-chant in your state or within 100 miles of your home.You agree to attempt resolution of other disputes with the merchant first.
24. Security Interest– To secure your Account, you grant us a purchase money security interest under the Uniform commercial Code in any goods you purchase through the Account as described on your credit card receipt. If you default, we will have the right to recover any of these goods which you default on. We will have the right to recover any of these goods which have not been paid for through our application of your payments. If you have given us (or give us in the future) a security interest in some of your property (except your principal dwelling) to secure other credit or loans from us, that collateral may also secure your credit card account. This security interest is given to secure the payment of all your obligations to CUA and interest that may accrue thereon, and attorneys fees and costs (where federal law permits and where federal law overrides any prohibition of attorneys fees in state law). You hereby authorize CUA to apply any and all funds paid in as loan payments, to the payment of any obligation at CUA.
25. Effect of Agreement/Change in Terms- This agreement is the contract that applies to all transactions on your Account, even though the sale, cash advance, credit or other slips you sign or receive may contain different terms. For the first (1) year the account is open, no changes will be made to the terms of your account (promotional rates – see Finance Charges Section # 7). We may amend this Agreement from time to time by sending you an advance written notice required by law (Change in Terms). To the extent the law allows, if the change in terms is an Annual Percentage Rate (APR) due to the index on the variable rate changing, the change will apply to your existing balance as well as future transactions. If the change in terms is an Annual Percentage Rate (APR) due to a change in your creditworthiness, the change will apply only to your future transactions and the current balance will remain at the existing rate prior to the change. If you do not accept the creditworthiness change, you may close your account and pay off the existing balance at the existing rate.
26. Invalidity of Provisions and Captions- If any provision of this Agreement is deemed invalid the rest of this Agreement will remain in full force and effect.The paragraph headings are for convenience only and do not form a part of this Agreement.
27. Delay in Enforcing Rights - We can waive or choose not to enforce any of our rights under the Agreement at any time without the waiver affecting any of our other rights. A waiver on one occasion will not act as a waiver of the same right at a future time.
28. Assignment– We may sell, assign or transfer your Account, or any portion thereof, without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. 29. Application of Federal Law– We both agree that this Agreement is governed by the laws of Kansas except to the extent that the federal law applies.
30. Residents of Illinoismay contact the Illinois Commissioner of Banks and Trust Companies for compa-rable information on interest rates charges, fees and grace periods. Telephone 1-800-634-5452. Address: State of Illinois CIP., P.O. Box 10181 Springfield, IL 62791.
31. WISCONSIN RESIDENTS ONLY:Wisconsin law provides that no agreement, court order or individual statement applying to marital property will effect a creditor’s interest unless prior to the time credit is grant-ed, the creditor is furnished with a copy of the agreement, court order or statement or has knowledge of adverse provision.
32. Overdraft Protection– If your application for overdraft protection using your credit card is approved, you agree that if there is not enough money in the credit union checking account to cover checks you have written or other charges against the account, then the credit union may deposit or cause to be deposited to your account in increments of $100.00, the funds necessary to cover such checks or other charges. Each such deposit will be considered a Cash Advance. Every time the credit union makes a Cash advance to your credit union checking account, the amount of the Cash Advance will be charged to your credit card Account. The credit union is not required to make a Cash advance to your credit union checking account if the Cash Advance would cause the balance of your credit card Account to exceed your Credit Limit. If the credit union chooses not to make a Cash Advance which would cause the balance of your credit card account to exceed your Credit Limit the overdraft will be subject to the terms and conditions applicable to your credit union checking account. The credit union charges a Cash Advance Fee (FINANCE CHARGE) of $5.00per occurrence.
33. Consensual Lien– You grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure what you owe under the Visa Credit Agreement. When you are in default, you authorize us to apply the balance in these accounts to any amounts due. Shares and deposits in an Individual Retirement Account (IRA), and any other account that would lose special tax treatment under state or federal law if given as security, are not subject to the security interest you have given in your shares and deposits.
Your Billing Rights: Keep This Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act What To Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at: Credit Union of America
Cardholder Services PO Box 31112 Tampa FL 33631-3112 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 the pay-ment 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 daystelling us that you still refuse to pay. If you do so, we cannot report you as delinquent with-out also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the mat-ter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
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:
Credit Union of America Cardholder Services
PO Box 31112 Tampa FL 33631-3112
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.
