HomeMy WebLinkAbout09-7839Stock & Grimes, LLP
By: Edward Stock, Esquire
I.D.#13657
804*West Avenue
Jenkintown, PA 19046
(215) 576-1900
Discover Bank, Issuer of Discover Card,
by its agent DFS Services, LLC
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
William H. Zerbe
409 Ross Avenue
Apartment 5
New Cumberland, PA 17070-2604
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. CR -1839 Civil lecr-
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR
RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE
TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
WILLIAM H. ZERBE
409 Ross Avenue
Apartment 5
New Cumberland, PA 17070-2604
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No. 09- 2P39l ?-
CIVIL ACTION COMPLAINT
COUNT I
1. Plaintiff, Discover Bank, is a banking institution
organized under the laws of the State of Delaware, who
maintains a business address of 12 Reads Way, New Castle, DE
19720.
2. DFS Services, LLC is affiliated with and is the
servicing agent of the Discover Card for Discover Bank and
authorized to execute the Affidavit attached hereto as
Exhibit "A".
3. Discover Bank is the issuer and owner of Defendant,
William H. Zerbe, credit account under number
6011-0035-9486-4900("account").
a
4. The :Defendant, William H. Zerbe, is an
adult individual residing at the address contained in the
above caption.
5. On sundry and various occasions, Defendant,
pursuant to an extension of credit to Defendant(s) under
account number (6011-0035-9486-4900("account")), used the
extension of credit for purchases and/or other forms of
credit, which credit and its terms is governed by the written
Cardmember Agreement attached hereto as Exhibit "B".
6. The extension of credit, as designated above, to
Defendant(s) was made in reliance upon Defendant(s)
representation for repayment of the outstanding balance on
the account.
7. Defendant(s) last payments was processed in
October 12, 2008.
8. The present outstanding balance which is due on the
account, including accrued interest since the date of last
payment, is $13,353.67 and, although repeated requests and
demands have been made upon the Defendant(s) to satisfy the
same, the Defendant(s) is/are in breach of the agreement to
repay the account balance, and still refuse to pay same.
9. Plaintiff attaches hereto as Exhibit "C" a true and
correct copy of the last monthly statement in regard to the
activities in connection with the Defendant's account.
10. Plaintiff has sustained damages in the form of
attorney's fees and request reimbursement of the same
pursuant to the Agreement.
11. Plaintiff, through its counsel's investigation,
has determined that the Defendant is not in the military
service.
12. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A
DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent DFS Services, LLC, demands
Judgment against the Defendant(s), William H. Zerbe, in the
sum of $16,692.09 (principal sum of $13,353.67 and attorney
fees of $3,338.42), with interest and costs.
COUNT II
13. Plaintiff incorporates by reference paragraphs 1
through 12 as though detailed at length herein.
14. Defendant(s), by his/her use of the extension of
credit, received the benefit of the extension of credit given
on the above referenced account and has failed to make
payment for the receipt of said benefit.
15. As a direct result of the receipt of the benefit of
the extension of credit given on the above referenced
account, Defendant(s) have been unjustly enriched in the
amount of $13,353.67, to Plaintiff's detriment.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent DFS Services, LLC demands
Judgment against the Defendant(s), William H. Zerbe, in the
sum of $13,353.67, with interest and costs.
DATE:
VERIFICATION
The undersigned, EDWARD STOCK, ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and verifies
that the statements made in the foregoing Complaint are true and correct to the
best of his knowledge, information and belief, based upon information provided to
him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to
authorities.
EXHIBIT "A"
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011003594864900
BALANCE: $13,353.67
CARDMEMBER (S): WILLIAM H ZERBE
STATE OF OHIO
COUNTY OF FRANKLIN
Nicole Rose, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DFS SERVICES LLC. maintains these records in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct t best of my
knowledge. _ In, "
Affiant
Sworn and Subscribed "before me,
This day of Tuesday, August 18, 2009.
SUSAN HARVEY
Notary PiNc, State of Ohio
My Commission Expires
June 28, 2012
EXHIBIT "B"
YOUR DISCOVER' CARD
ACCOUNT
CARDMEMBER AGREEMENT ..:............. Pages 9-13
The terms and conditions of your Account; including
how we calculate finance charges, our fees and an
Arbitration of Disputes section. You have the right to
reject the arbitration provision with respect to your
newAccount within 30 days after receiving your Card,
as explained in the "Right to Reject Arbitration"
section at page 12.
PRIVACY POLICY ... ...... .....Pages 13-76
A summary of the personal information we collect,
when it may be shared with others and how we
safeguard the confidentiality and security of
information. You may limit our sharing of such
information with others as explained in section d of
the Privacy Policy at page I5
BILLING RIGHTS .... ............... ,....Pages 16-17
Important information about your rights and our
responsibilities under the fair Credit Billing Act
DESCRIPTION OF COVERAGE ......:.........Pages 17-25
The terms and conditions of the Scheduled AV'rravei
Accident Insurance and the Secondary Rental Car
Collision Coverage that is provided at no charge to
you when you use your Card to purchase airline
tickets or rent an automobile.
GLOBAL. TRAVELER'S HOTUNE...................Page25
The terms and conditions of this free travel assistance
benefit,
TL20A.0508
08D000 05BOI-TL20A0508.indd 1-2
CARDMEMBER AGREEMENT
Please read this Agreement carefully before using your Discovers Card
Account it contains the terms and conditions of your Account, some of
which may have changed from earlier materials provided to you. In the
event of any differences, this Agreement shall control. We respect your
privacy. See the Privacy sectiorc on page 9 and our Privacy Polity for
additional information, The Arbitration of Disputes section on page 10
includes a v iahier of a number of rights, including the right to a jury trial:'
The Right to Reject Arbitration section on page 12 descri bes the procedure
you must follow if you desire to reject the Arbitration of Disputes section:
DEFINITIONS ..................................................... 2
USING YOUR ACCOUNT .......................................... 2
Your Acceptance of this Agreement' :........... :.............. 2
Permitted Uses of Your Account ... ... .. 3
Prohibited Uses of Your Account .: . •
Purchases and Cash Advances in Foreign Currencies . ...... 3
Cash Advances . 3
Balance Transfers.. ...... 3
Credit Authorizations .... • • • • . •
Authorized Users .... ........................................ 3
Unauthorized Use . ..:...: :....................... . ........ 3
Your Credit Unes ..:.................................::.....:.. 4
MAKING'PAYMENTS .......................................... 4
Promise to Pay . .. .... ............ ........ 4
Monthly Billing Statement:... .............. ......... 4
Monthly Payment Options ... , 4
Automatic Billing Arrangements • • . • • • . • 4
How We Apply Payments ......................: . ::..... 5
Minimum Monthly Payment .................................. 5
Skip.-Payment offers ....... .... .... .....::, 5
Credit Balances.............. ....... 5
FINANCE CHARGES .............. ..:. ..... .... .:: , 5
How We Calculate Periodic Finance Charges .... .... 5
How We Calculate Your Balances .............................. 6
Two{ le Average Daily Balance Method .... • • • • • • • • • • • • • 6
?yycc Variable or Foxed InterestKates ............................... : 6
Default Rates .. , :. .. 7
Cash Advance Transaction Fee Finance Charges ................ 7
Balance Transfer Transaction Fee Finance Charges ......... 7
Minimum Finance Charge....' ................ • • • • 8
. ... .........................:..... 8
FEES'; ..:.... , .
Late Fee.......:` .::............,..:::..:.:.:................ 8
Overlimit fee . .... .......... 8
Returned Payment Fee . • • • • • • • • 8
Returned Discover Card Check Fee .... .... ......... 8
Pay-By-Phone Fee ..............::........................... B
Research Fee..; ........................... .................. 8
DEFAULTAND CANCELLATION .................................... 6
T of Default... .... . .................. 8
Cons gguences of Default . ... .. . • ................ 9
..........
Canceilatlon ....... 9
PRIVACY AND OUR COMMUNICATIONS WITH YOU .............. 9
Our Privacy Policy.:. ....... . ....................... 9
Reporting to Credit Reporting Agencies . ................. 9
Our Communications uvrth You
Releasing Information About Your Account .................. 9
Electronic Notices to You .................................... 10
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OBDCCO_05BOK_TL20A050a.indd 3-4
Notices - Changes to Your Information ...................... 10
CLAIMS AND DISPUTES ....................................... 10
Merchant Disputes .. . . ....... : ............................10
Claim Notices ......... .....................................10
Arbitration of Disputes; ...................::.................10
Right to Reject Arbitration.............. .. ,12
LEGAL INTERPRETATION OF THIS AGREEMENT .......................12
Severability........... . ................. .... ....12
Compliance with Interest Rate Limitations ...12
Governing Law. . . .. . ; ................ .... ........12
ASSIGNMENTOFACCOUNT ...................:..............13
CHANGES TO THIS AGREEMENT ... . ..............................:13
DEFINITIONS
"Account means your Discover Card Account.
"Authorized User" means any person whom you authorize to use your
Account or a Card, whether you notify us or not
"Card' means any one or more Discover Cards issued to you orsomeone else
with your authorization.
"Padng Schedule" means the document accompanying your Card and
listing the Finance Charge rates that apply to your Account. The Pricing
Schedule is part of this Agreement
"VUe,'.'us" and 'our' refer to Discover Bank, the issuer of your Discover
Card.
'You,' "your' or "yours" refer to, in addition to you, the Cardmember, any
other person or persons who are also contractually liable under this
Agreement
USING YOUR ACCOUNT
Your Acceptance of this Agreement The use of your Account or a Card by
you or an Authorized User, or your failure to cancel your Account within 30
days after receiving a Card, meansyou accept this Agreement, including the.
Arbitration of Disputes section' on page 10. You may, however, reject the
Arbitration of Disputes section as explained on page 12.
Permitted Uses of Your Account, Your Account may be used for.
• Purchases - to purchase or lease ,goods or services from participating
merchants by presenting your Card or Account number or by usingg
promotional checks, which we may furnish to you, in accordance w'
such additional terms and conditions as we may offer from time to time..
• Cash Advances - to obtain cash advances from partidpating automated
teller machines, financial institutions or other locations, the purchase of
lottery tickets, racetrack wagers, vouchers redeemable for cash or for
casino chips; money orders, traveler's checks, savings bonds, foreign
currency and wire transfers, or by means of checks which we may, furbish
to you, all in accordance with such additional terms and conditions as we
may offer from time to time.
• Balance Transfers -,to transfer balances from other creditors or to make
other transactions by means of balance transfer coupons or checks, in
accordance with such additional terms and conditions as we may offer
from time to time.
In addition, your Account may be used to guarantee, reservations at
participating establishments. You will be liable for guaranteed reservations
that are not cancelled prior to the time specified by the establishment Your
Account may be used for personal, family, household and charitable
purposes.
Prohibited Uses of Your Account Your Account may not be used to obtain
.2-
loans to purchase, carry or trade in securities, to pay any amount yyou owe.
J nder this Agreement or for any transactions that are unlawful where you
reside or where you are physically located when you use the Account to
initiate the transaction ("Prohibited Transactions").
Purchases and Cash Advances in Foreign Currencies. We convert purchases
and cash advances made in a foreign currency to U.S. dollars. We use the
rnnversidn rate used by Discover Network to process the transaction in
or the interbank exchange ra•
Reaardless'of source, the rate
depending cn the time received. Transactions in China; are converted at a
rate in effect on the date of the transaction.
Cash Advances. We may periodically offer you special rates on cash
advances for the time period specified in the offer, subject to the Default
Rates section. The offer may contain a Cash Advance Transaction Fee
Finance Charge for each cash advance After the expiration of the special
rate, the standard Annual Percentage Rate for cash advances will apply.
Balance Transfers. We may periodically offer you the opportunity to make
balance transfers from other creditors or to make other transactions to your
Account by means of balance transfer coupons or checks. Each offer will
contain an initial special rate, which will be the Annual Percentage Rate
that will apply to transferred balances for the time period specified in the
offer, sub'ect to the Default Rates section and may contain a Balance
transfer transaction Fee Finance Charge for each balance transfer made
during the term of the offer, as disclosed in the offer and asset forth in the
Pricing Schedule, if applicable. After the expiration of this time period, the
Annual Percentage Rate that applies for purchases will apply to transferred
balances. Balance transfers subject to the initial special rate are referred to.
as special rate balance transfers; balance transfers for which the initial.
special rate has expired are referred to as purchase rate balance transfers.
Each offer will contain an expiration date.. If you attempt to transfer
balances by means of a check after the expiration date, we will treat the
transaction as a cash advance. We vdl not make balance transfers
attempted by means of a coupon after the expiration date.
Credit Authorizations. Certain transactions will require our authorization,
prior to completion. In some cases, you may be asked to provide
identification. We have the right not to authorize a transaction for security
or other reasons. Also, if our authorization system is not working, we may
not be able to authorize a transaction. We will not be liabie'toyou if any of
these events happen.
Authorized Users, If you want to cancel the authority of a current
Authorized User to use your Account or a Card, you must noti{y us and
destroy amt Card in that person's possession. You can notify us by
PO Box 30943, Salt Lake City, UT 84130-0943. None of your lights under this
Agreement (other than to pay amounts owed) may be exercised by any
person not a party to this Agreement acting pursuant to a power of
attorney, without our separate written agreement (which we are not
obligated to.gnre).
Unauthorized Use. Prior to its use, each Card must be signed by the
person to whom It is issued. If a Card is lost or stolen, or if you think that
someone is using your.Account or a Card without your permission, notify
us immediately. You can notify us by telephoning 1.800•DISCOVE
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08D000_O5B0K_TL20A0506.indd 5-6
by writing Discover® Card, PO Box 30943, Salt Lake
You agree to assist us in determining the facts
or possible unauthorized use of your Account or a
iith such procedures aswe may require in connection,
Your Credit Lines. We will advise.you of your Account credit line. We may
impose a lower line that will apply to cash advances, referred to as the cash
advance credit line. We may also impose a lower line that will apply to
balance transfers, referred to as the balance transfer credit line, You agree
not to allow your unpaid balance, including finance Charges and fees, to
exceed your Account credit line, If you exceed your Account credit line, we
may request immediate payment of the amount by which you exceed your
Account Credit line.
We may increase or decrease your Account credit line, your cash advance,
credit line or your balance transfer credit line without notice. The credit
available for your use may, from time to time, be less than your Account
credit line. For purposes of determining your available credit, we reserve
the right to postpone for up to 15 business days reducing your unpaid
balances by the amount of any payment that we receive. Your availabl$
credit will not be increased by the amount of any credit balance.
MAKING PAYMENTS
Promise to Pay. You agree to pay us in U.S. dollars for all purchases,`cash
advances and balance transfers including applicable finance Charges and
other charges or tees, incurred by you or an one you authorize or permiteo
use your Account or a Card, even if you do not notify us that others are
using your Account or a Card. If you pay us in other than U.S. dollars, we
may refuse to accept the payment or charge your Account our cost to
convert your payment to U.S. dollars. All checks must be drawn on funds on
deposit in the U S. You may not use a cash advance check, balance transfer
check or coupon, or any other promotional check drawn on any Discover.
Bank credit card account to make payments on your Account If your
Account is a joint Account, each of you agrees to be liable individually and
jointly for the entire amount owed on your Account. We can accept late
payments or partial payments or checks and money orders marked
payment in full" or with any other restrictive endorsement without losing
any of our rights under this Agreement
Monthly Billing Statement We will send you a billing statement after each
monthly billing period in which you have a debit or credit balance, unless,
we waive our right to do so as permitted by law. The billing statement will
show all purchases, cash advances,, balance transfers, Finance Charges and
other charges or fees and all payments or other credits posted to your
Account duringg the billing period. R will show your New Balance, Payment,
Due Date and. Minimum Payment Due as of the end of the billing period. If
your prior month's payment is returned unpaid, your required Minimum
Payment Due maybe higher than shown on your billing statement See the
Minimum Monthly Payment section on page 5
Monthly Payment Options. You may at any time .pay the entire New
Balance shown on your billing statement, but each month you must pay at
least the Minimum Payment Due as described in the Minimum Monthly
Payment section. All payments must be made in accordance with the terms,
including the payment cutoff time, stated on your monthly billing .
statement; and. we will credit your Account in accordance with those terms:
In addition, we reserve the right to change those terms without prior notice
as permitted bylaw.
Automatic Billing Arrangements. If your Account number and/or Card
-4-
expiration date changes and our, records indicateyou have automatic billing
established, with a merchant, we will attemptto provide your new Account
information to that 'merchant. To ensure . uninterrupted billing, we
recommend thatyou verifythe merchant has your newAccount mformatioh,
You must contact the merchant directly if you do not wish to continue the
automatic billing arrangement
How We Apply Payments. We will apply payments and credits to the New
balance shown on your current billing statement in order of the Annual
Percentage Rate applicable to the balance of each transaction categgoryry (as
referenced in the Finance Char essection), enerallyfrom lowest tohighest,
beginning with the balance subject to the lowest Annual Percentage Rate,
We then apply payments and credits to any new transactions using the
same method. However, we have the fightto apply payments and ereddits to
balances with higher Annual Percentage Rates pdor balances with lower
Annual Percentage Rates, such as when there are two initial special rates
applicable to your Account and the lower Annual Percentage Rate will
expire before the higher Annual Percentage Rate.
Minimum Monthly Payment The Minimum Payment Due each month will
be the greater of
the New Balance if it is less than $15;
$15 if the New Balance is $15 or more; or
• any past due amount plus the greater of. ,
2^/0 of the New Balance (excluding current Periodic Finance Charges,
Late and Overlimit Fees) rounded up to the nearest dollar or
• current Periodic Finance Charges plus Late and Overlirnit Fees plus $15
(not to exceed 3% of the New Balance) rounded up to the nearest
dollar.
We may also include some or all the amount by which you exceed your
Account credit line. If more than 90% of your New Balance consists of
special-rate balance transfers, we may, at our discretion, increase your
Minimum Payment Due to a maximum of 4% of the New Balance if it would
otherwise be less than that We may subtract certain fees to calculate the
Minimum Payment Due. The Minimum Payment Due will never exceed the
New Balance. Paying the Minimum Payment Due may be insufficient to
bring your Account balance below your Account credit line and,
consequently, mayy not avoid the imposition of an additional Overlimit Fee
described in the Overlimit Fee section:
Skip -A-Payment Offers. We may from time to time allow you to not make
a minimum monthly payment and will notify you when this.option b
available If you take advantage of this offer and do not make a minimum
F,nrt'A'ao','nt yment, finance charges and any applicable fees will accrue onin accordance with this Agreement and you must pay the
imum Payment Due for the following billing periods.
Credit Balances. We will refund any credit balance within seven business
days from 'receipt of your written request If you do not request a refund,
we will automatically refund credit balances-greaterthan $1 that remain in
your Account after 6 months.
FINANCE CHARGES
How We Calculate Periodic Finance Charges. Periodic Finance Charges are
.imposed on all transactions from the date thetransaction is posted toyour
Account until the date you pay your entire New Balance, by making
payments or receiving'credits,'However, if you paid the New Balance on
your previous billing statement by the Payment Due Date shown on that
statement and you pay the New Balance by the Payment Due Date on your
current billing statement, we will not impose Periodic Finance Charges on
new purchases, that is, purchases first appearing on the current statement.
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I 08D000_0580K_TL20A0508.1ndd 7-8
We call this the 'grace period! There is no grace period on balance
transfers or cash advances.
We sort your transactions into groups of purchases; cash advances and,
balance transfers and then further sort the transactions within each group
use the following equation to compute Periodic Finance Lharges Tor eacn
transaction category.
Average Daily Balance x days in billing period x Daily Periodic Rate:
(You may refer to the finance charge summaryon your billing statement for
these amounts,) Then we add up the Periodic Finance Charges for each
transaction category to get the total Periodic FinanceCharges for your
Account The Average Daily Balance is shown as zero if, because of the
grace period, no Periodic Finance Charges apply to the balance in a trans-
action category. '
How We Calculate Your Balances. We compute the Average Daily Balance
gg
for each transaction category by adding up all the daily balances in a billin
period for a transaction category and dividing the total by the number of
days in the billing cycle. We compute the daily balance for each transaction
category on each day by first adding the following to the previous days
daily balance: transactions made that day, fees charged that day and
Periodic finance Charges accrued on the previous day's daily balance; and
by then subtracting any credits and payments that are applied against the
balance .of the transaction category on that day. In calculating the dail
balance for the previous billing period, we consider the 'previous days
daily balance' to have been zero on the first day of the billing period. I a
transaction is posted to your Account after the close of the billing period in
which, it occurs, we will treat the transaction as having occurred on the first
day of the billing period in which it is posted to your Account
All fees charged to your Account are added to the standard purchase
transaction category with the exception of Cash Advance Transaction Fee
Finance Charges which are added to the applicable cash advance
transaction category and Balance Transfer Transaction Fee Finance Charges
whidh are added to the applicable balance transfer transaction category.
When the special rate expires, we move the unpaid balance of the balance
transfer and the Balance Transfer Transaction Fee Finance Charges to the.
standard purchase transaction, category. However, if the special rate has
been terminated under the Default. Rates section, we leave the unpaid
balance of the balance transfer and the Balance Transfer Transaction Fee
Finance Charges in the applicable balance transfer transaction category
All the special rate would have expired.
on the billing statement you recf
the Pavment Due Date shown on
statement, we will
first appeared onf
Finance Charges on the purchases on your previous billing statement
Variable or Fixed Interest Rates. The Daily Periodic Rate and corresponding
-6•
Annual Percentage, Rate that apply to each transaction category are either
fixed rates or variable rates as set forth in your Pricing Schedule or in any
special offers you receive from us. The Daily Periodic Rate is 11365th of the
corresponding Annual. Percentage Rate. Variable Annual Percentage Rates
aatermincrl by addinn a meufied number of Dercentacle points to the
ay Rates sec
month. Tf
the lowest
the Prime Rate changes, i na mange wrp pe erreorve uCywnmy wry, u is
first day of the billing period that begins .during the same month as the
change in the Prime Rate. An increase in the Annual Percentage Rate may
increase your Minimum Payment Due.
Default Rates. Each time you do not make a required payment on time and
each time you exceed your Account credit line twee in a twelve month
period, we will increase the standard ANNUAL PERCENTAGE RATES for
purchases and cash advances to fixed rates, up to a maximum of 30,99%
(the 'Default Rates'). Any speaal rates on purchases, balance transfers or
cash advances will end and a Default Rate will apply. We will base your
Default Rates on factors such as:
Your current purchase APR
• your payment history with us
• your payment history with other lenders
Any increased rate and change in ttyype will apply beginning with the first
day of the billing period in which 01 we did not receive at. least the
Mimmum Payment Due by the Payment Due Date or (ii) you exceeded your
Account credit line for the second time in a twelve month period. If your
standard Annual Percentage Rate for purchases was increased under this or
any previous version of the Default Rates section and, for any nine
consecutive billing periods you pay at least the Minimum Payment Due, if
any, by the Payment Due Date, then your Annual Percentage Rate for your
new purchases will be reduced and your Annual Percentage Rate for your
existing purchase balance maybe reduced. Any reduced Annual Percentage
Rates vn l apply beginning with the first day of your tenth billing period. `
Gash Advance Transaction Fee Finance Charges. Unless otherwise specified
in a cash advance offer, we All charge you a Cash AdvanceTransaction Fee
Finance Charge of A of the amount of each new rash advance with a
minimum Cash Advance Transaction Fee FINANCE CHARGE of $5 and no
maximum. The imposition of Cash Advance Transaction Fee Finance Charges
may result in an Annual Percentage Rate for cash advances that is higher
than the nominal Annual Percentage Rate. All forms of cash advances,
including the use of Discover Card checks, regardless of the purpose for
which used, are subject to Cash Advance Transaction Fee Finance Charges.
To obtain the total Finance Charge on rash advances for each billing period;
we add any Cash Advance Transaction Fee Finance Charges for the billing
period, charged under this section to any Periodic Finance Charges
calculated under the Periodic Finance Charges section for each cash advance
transaction category and add up these amounts.
Balance Transfer Transaction Fee Finance Charges. If the balancetransfer
offer you receive corrtains a Balance Transfer Transaction Fee Finance
Charge, we will charge you a Balance Transfer Transaction fee Finance
Charge for the amount of each balance transfer made under that offer, if
there is a Balance Trans* Transaction Fee Finance Charge in conjunction
7--
I O8DCCO_05BOK_TL20AO508Jndd 9.10
the
for
Late Fee. We will charge you a Late Fee if you have failed, as of the Payment
Due Date, to make the Minimum Payment Due that was required to be paid
for that billing period. The amount of the Cate Fee is based on the sum of
all outstanding purchases, cash advances, balance transfers, other charges,:
other fees and Finance Charges at the end of the billing period for which
we did not receive timely payment If the sum is $250 or less, the fee is $19;
if it is greater than $250, the fee is $39.
OverlimitFee, We will charge you an Overlimit Fee each time that, as of the
close of a.billing period, your outstanding Account balance exceeds your
Account credit line. This fee may tie charged even if the transaction which
causes you to exceed your Account credit line is authorized by us or if you
exceedyour Account credit line due to the posting of Finance Charges or
fees to:yourAccount The amount of the Overlimit Fee is based on the sum
of all outstanding purchases, cash advances, balance transfers, other,
charges, other fees and Finance Charges at the end of the billingg period. If
the sum 1s equal to or less than $500 and you exceed your cred'it line, the
Overlimit Fee is $15. If the sum is greater than $500 and you exceed your
credit line, the Overlimit Fee is $39.
Returned Payment Fee. We will charge you a Returned Payment fee of $35
each time you pay us with a check or other instrument that is returned
unpaid. This fee will also apply if a debit transaction to a deposit account
from which }rou have authorized us in writing, electronically or orally to
periodically deduct all or a.part of an amount you owe us under tha
Agreement isretumed unpaid. We will charge you this fee the first time any
payment u returned unpaid, even if it is paid upon resubmission.
Returned Discover Card Check Fee, We will charge you a Returned Discovef
Card Check Fee of $35 each time we decline to honor a Discover Card cash
advance check, balance transfer' check, promotional purchase check, or
otherpromotional check.
Pay-By-Phone Fee. We may from time to time allow you to make payments
by 'authorizing us over the telephone to transfer or pay funds from a
deposit accib6tto your Account We. will charge a Pay-By-Phone fee of $10
for each such transfer or payment
Research Fee. We may charge you a Research Fee of $5 for each copy of a
billin8 statement, orsales slo that you request However, we will not charge
a fee if you request copies in connection with a billing error.
DEFAULT AND CANCELLATION
Types of Default You are in default if you become insolvent; if you file a
banlwptry petition or have one filed against you; if we have a reasonable
belief that you are unable or unwilling to repay your obligations to us; if
yyou are declared incompetent by a court or if a courtappoints a guardian
for you or a conservator for your assets, If,yyou die; if you fail to comply with
the terms.of this Agreement, including failing to make a required payment
when due, exceeding your Account credit. line or using your Card or
-8- -
for a Prohibited Transaction; or if you fail to make a required
when due on any other account you have with us.
balance of your Account immediately due and payabie wthout nonce. IT we
refer the collection of your Accountto an attorney or employ an attorney
to represent us with regard to recovery of money that you owe us, we may
charge you reasonable attome 'fees and court or other collection costs as
permitted by law and as actuagy incurred by us, including fees and costs in
connection with any appeal. We may delayy enforcing or not enforce any of
our rights under thisAgreement withoutlosing or varying any of them.
Cancellation. You may cancel your Account by notifying us in writing or by
telephone and returning or destroying every Card and unused check that
we have provided you. You can notify us by telephoning 1-800-DISCOVER
(1-800 347-2683), or by writing Discover Card, PO Box 30943, Sak Lake City,
UT' 8413G-0943. Of course, you will still be responsible to pay any amount
you owe us according to the terms of this Agreement If your Account is a
) nt Account eitherCardmember may cancel the Account, but you will
both remain responsible to pay any amount owed to us according to the
terms of this Agreement We may cancel or suspend your Account at any
time without notice. We may, choose not to renew your Account (beyond
the expiration date shown on the face of a Card) without notice. You must
return any Card or unused checks to us upon request
PRNACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Policy, We , may from time to time review your credit,
employment and income records. We respect the privacy of information
about you and your Account Our Privarypolicry includes a summary of the
personal information we collect, when it maybe shared with others, how
we safeguard the confidentiality and security of information and the steps
you may take to limit our sharing of such information with others. Please
read it carefully as it is part of your Cardmember Agreement
Reporting to C -dh Reporting Agencies. As indicated in our Privacy Policy,
we may report to credit reporting agencies and other creditors the status
and payment history of your Account, including negative credit information..
Late payments, missed payments or other defaults on your Account may be
reflected in your credit report We normally report to such credit reporting
agencies each month. If you believe that our report of your Account status
is inaccurate or incomplete, please write us at the following address;
Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include
your name, address, home telephone number and Account number.
Our Communications with You. Our personnel may listen. to or record,
telephone calls between you and our representatives without additional
notice to you as permitted by law. We may use any medium, including but
not limited to marl, live telephone calls, automated telephone equipment,
prerecorded telephone calls, e-mail and may make calls to your cell phone
to contact you about your Account or offer you products or services that
may be bf value to you: If you prefer not to be contacted in one or more of
these ways telephone la at 1-800-DISCOVER (1-600 347-2683) or write to us.
.a nG..,..,..:??r Dfl Gnv 1C3C/1 1?IminrrfnnT1F 1gRSn:
an
ermission, in addition to as provided in ourPrivacy Policy or as requirea by
Paw. Our security measures cannot insure against unauthorized inquiries.,
You agree that we Will not be responsible for the release of information to
anyone who, even if without your authorization or permission, has gained
9-
I 05a0K TL20A050$.indd 11-12
possession of a Card or has learned other identifying characteristics about
you such as your personal identification number, Account number or social
security number. '
Electronic Notices to You. We may offer you the opportunity to receive
certain notices from us electronically rather than through the mail,
including monthly billing statements and change of terms notices. The
terms and conditions for receiving these electronic communications will be
described in the offer.
Notices - Changes to Your Information. If you change your e-mail address,
mailing address or telephone number you must notify us of your new
address or telephone number within 15 days. You can notify us by
telephoning 1400-DISCOVER (1-80D-347.2683) or by writing Discovers Card,
PO Box 30943, Salt Lake City, UT 84130-0943. If your Account is a Joint
Account, any notice we mail to an address you have provided for the
Account will serve as notice to both Cardmembers.
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible for the refusal of anyone to
accept or honor a Card or to accept checks that we have provided you. If a
merchant fails to provide your purchase to your satisfaction and you request
a `Credit to your Account, we will investiggate the dispute. If we resolve the
dispute in your favor, we will issue a cred'd to your Account and you will be
deemed to have assigned to us your claim against the merchant and/or any
third party for the credited amount Upon our request you agree to
provide us with written evidence of such assignment
Claim Notices. In the event that you or we have a claim that arises from or
relates to your Account, any prior account you had with us, your appli
cation, the relationships which result from your Account or the enforce-
ability of the Agreement or any prior agreement, before initiating; joining
or participating in any judiual or arbitration proceeding as eer an
individual litigant or member of a class ('Proceeding'), the complaining
party shall give the other party: (1) a written notice of the claim ("Claim
Notice"), at least 1- days before initiating any Proceeding, explaining in
reasonable detail the nature of the claim, and any support rig facts; and (2)
a;reasonable good faith opportunity to resolve the claim without the
necessity of a Proceeding. This includes any claims involving our parent,
corporation, subsidiaries, affiliates (including, without limitation, DFS
Services L1C), predecessors, successors, assigns, as well as the officers,
directors and employees of eadl ofthese entities. Any Claim Notice shall be
sent to us at Discover Card, PO Box 3024, New Albany, OH 43054 (or such,
other address as we shall subsequently provide to you (the "Claim Notice
Address") or to you at your address appearing in our records or, if you are
represented by counsel, to your attorney at your attorney's office. .
Arbitration of Disputes. Agreement to arbitrate. In the event of any past;
present or future claim or dispute (whether based upon contract, tort;
statute, common law or equity) between you and us arising from or relating
to your Account, any prior accountyou have had with us, your application,
the relationships which result from your Account or the enforceability or
scope of this arbitration provision, of the Agreement or of any prior
agreement, you or we may elect to resolve the claim or dispute by binding
arbitration. IF.EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO
HAVE A JURY TRIAL ON THAT CLAIM, PRE-HEARING DISCOVERY RIGHTS
AND POST-HEARING APPEAL RIGHTS WILL BE UMrrED.'NEITHER YOU NOR
WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION
BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER
ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A
-10-
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY ("Class Action Waiver").
Notwithstanding anything else to the contrary in this arbitration provision,
only a court, and not an arbitrator, shall determine the validity and effect
of the Class Action Waiver, Even if all parties have opted to litigate a claim
in court, you or wei may'elect arbitration with respect to any claim made by
a new parry or any new claims later asserted in that lawsuit and, nothing
undertaken therein shall constitute a waiver of any rights under this
arbitration provision,: We will not invoke our right to arbitrate an individual
claim you bring in small claims court or your state's equivalent court, if any,
unless such action is transferred, removed or appealed to a different court.
Governing Law and Rules Your Account involves interstate commerce and
this provision shall be governed by the Federal Arbitration Act (FAA). The
arbitration shall be conducted, at the option of whoever files the
arbitration claim, by ether the American Arbitration Association (AAA) or
the National Arbitration Forum (NAF) in accordance with their procedures
in effect when the claim is filed, For a copy of their procedures, to file a
claim or for other information, contact AAA at 335 Madison Ave., Floor 10,
New York, NY 10017-5905, wwwadr,Qrg (phone 1-800-778-7879) or NAF at
PO Box 50191, Minneapolis, MN 55405 (phone 1-8004742311). No other
arbitration forum will be permitted, except as agreed topumantto either
the Changes to this Agreement section or a' writing signed b both parties.
Unless consented to by all parties, no arbitration may be administered by
any administrator that has any formal or informal pol'K7, rule or procedure
that is Inconsistent with or purports to override the terms of this section. if
w, ;elect to resolve a claim or dispute by binding'arbitration and the
arbitrator issues an award in your favor on a claim or daims with respectto
which you would not otherwise be entitled to recover your arbitration
filing, administrative and hearing fees, reasonable attorneys' fees and/or
other arbitration cos% we will be responsible for paying or reimbursing
such costs and fees if awarded by the arbitrator.
Fees and Costs. At your written request, we will advance any arbitration
filing, administrative and hearing fees which you would be required to
pay to pursue a claim or dispute as a result of our electing to arbitrate
that claim or dispute; Send requests to Discover Card; PO Box 15192,
Wilmington, DE 19886-1020. The arbitrator-will decide who will ultimately
be responsible for paying those fei&.You will only be responsible for paying
or reimbursing our arbitration filing, administrative orhearing fees to the
extent you would have been responsible for paying'attomeys' fees and
court or other collection costs" had the action proceeded in court In no
event will you be required to pay any fees or costs incurred by us in
connection with an arbitration proceeding where such a payment or
reimbursement is prohibited by applicable law.
Hearings and Decisions. Any arbitration hearing will take place in the
federal ' dicial district where. you reside, The arbitrator shall follow
appf'Kable substantive law to the extent consistent with the FAA and
applicable statutes of limitations and shall honor claims of privilege
recogn'b:ed at law and shall be authorized to award all remedies permitted
by the substantive laws that would apply if the action were pending in
court If re bested by any party, the arbitrator shall write an opinion
containing the reasons for the award. The arbitrator's decision will be final
and binding except for any appeal rights under the FAA and except that if
the amount in controversy exceeds $100,000, any party ma, appeal the
award within 30 days to a three-arbitrator panel, which shall review the
award de novo. Unless applicable law provides otherwise, the appealing
party will pay the cost of the appeal, regardless of its outcome. However,
-11-
OBD000_o5B0K_TL20AO506.indd 13-14
we will consider in good faith any reasonable request for us to bear the fees
charged by the arbitration administrator and the arbitrators in connection
with the appeal. Judgment upon any award by the arbitrator may be
enforced in any court having jurisdiction.
Other Beneficiaries of this Provision. Our rights and obligations under this
arbitration provision, shall inure to the benefit of and be binding upon our
parent corporations, subsidiaries, affiliates (including, without limitation,
DFS Services LLC), predecessors; successors, assigns, as well as the officers;
directors and employees of each of these entities, and will also inureto the
benefit of any third party named as a co-defendant with us or with any of
the foregoing in a daim which. is subJ)"ect to this arbitration provision. Your
rights and obliggations under this arbitration provision shall inure to the
benefit of and be binding upon all persons contractually liable under this.
Agreement and all Authorized Users of the Account
Survival of this Provision. This arbitration provision shall survive termination
of your Account as well as voluntarypayment in full by you, any legal
proceedings by us to collect a debt owed by you, any bankruptcy by you and
any sale by us of your Account
Right to Reject Arbitration. You may reject the Arbitration of Disputes
section by providing us a notice of rejection within 30 days after receiving'
a Card, at the following' address; Discover Card, PO Box 30938, Saft lake
City, UT 84130.0938. If you were previously subject to arbitration with.
respect to any account with us, this right to reject arbitration will'not apply,
to you. Your rejection notice must include your name, address, telephone
number, Account number and signature and must not be sent with any
other correspondence. Calling us to indicate that you reject the Arbitration
of Disputes section or sending a.rejediori notice in a manner or formatthat
does not comply with all applicable requirements is insufficient notice. In
order to processyour notice, we require thatthe notice be provided b you
directly and not through a third. party; Rejection of arbitration wnll not
affect your other rights or responsibilities under this Agreement or your
obligation to arbitrate disputes under any, other account as to which you
and we have agreed to arbitrate disputes. If you do not send a rejection
notice, you Wll be obligated by the Arbitration of Disputes section with
respectto this and any prior accountyou have had with us, even if you have
ith respell to that prior account:
previously sent a rejection notice ill
not
uch you and we are involved, then the Arbitration
be void with respect tothat 'proceeding.
rt Rate dintlations. We Intend that this Agreement
cable interest rate limitations; You will not be
thanes or other charges at a rate that is greater
iLr-g-es and other charges will be reduced to the maximum lawful amount:.
Any excess amount that you have already paid will .be used to reduce the
outstanding balance of your Account or will be refunded to you by means
of a check in our discretion.
Governing Law. This Agreement and anyclaim or dispute arising out of this
Agreement will be governed by applicable federal law and, to the extent
state law apppes, Delaware law:
-12-
ASSIGNMENT OF ACCOUNT
We maysell, assignor transfer your Account or any portion thereof without
notice toyou. You may not sell, assign or transfer your Account without first
obtaining our prior written consent
CHANGES TO THIS AGREEMENT
We may change any term or part of this Agreement, including, but not
by
to
do,'youniust notify ui in writing within 15 days after the mailing or the
notice of change at the address provided in the notice of change, in which
case your Account will be closed and you must pay ru the balance that you
owe us under the existing terms of the unchanged Agreement. otherwise;
you will have agreed to the changes in the notice. Use of your Account
after the effective date of the change will be deemed acceptance of the
new terms as of such effective date, even if you previously notified us that
you did not agree to the change.
We may also change any term of any product, service or benefit offered in
connection with your Account We will notify you as required by law or by.
the terms, of, the product, service or benefit
PRIVACY POLICY
We are required byy federal law to provide you with a copy of our Privacy
Policy each year, If you have previously notified us about' your privacy
preferences, as described in Section 4, it is not necessary to do so again
unless you dedde to change your preferences.
We Respect Your Privacy
Our mission is to provide you with superior products and services, along
with the peace of mind knowing that the security of your personal
information is our top priority. We understand your concerns about guard-
ing Information about you and your Account We want to assure you that
we havetaken steps, and will continue to take steps, to safeguard that
information,
This Privacy Policy describes our efforts to meet these objectives. It includes
a summary of the following important information:
• A listing of the personal information we collect;
• The circumstances in which we may share information with other.,
• The Ways we safeguard the confidentiality and securely of information;
and
• The steps you may take to limit our sharing of such information with
others. See Section 4 for complete details.'
Please read our Pflvacy Policy carefully. It will help you understand how we
tolled and share information.
1. What Personal Information Do We Collect?
To serve you better and manage our business, it is important that we collect
and maintain accurate personal information about you. We obtain this
information from applications and other forms you submit to us, from your
dealings with us and others, from consumer reporting agencies and from
-13-
08D000_O5BOK TL2OAO508Jndd 15-16
other sources, such as our Web sites. For example:
• We may obtain information such as your name, address and date of birth
from applications and other forms you submit to us.
We may obtain information such as Account balances, payment history,
your use of your Account and the types of services you prefer from your,
transactions and other dealings with us and others.
We may obtain information such as the balances of your loans with other
lenders and your payment history with, others from consumer reporting
agencies.
We may obtain information such as your Internet service provider, your
e-mail address, your computer's operating system and Web browser, your
Web site use and your product and service preferences from your Visits to
Web sites.
2. Is Personal Information Shared with Others?
We limit the sharing of information with others. Many of the offers you
receive for products and services are provided directly to you from us. For
example, a retailer that accepts the Discover* Card may come to us with a'
special offer for Cardmembers, such as a discount certificate or product
upgrade, After careful consideration of the nature of the offer and the
company, we will create a list of Cardmembers who may be interested in the
offer based on certain characteristics. We will send the offer directly to
those Cardmembers on behalf of the retailer by, for example, including an.
insert in their monthly'billing statement or mailing the offer ourselves. We
control the 1hformation used to make the offer, we do not sharethe list or
any information about our Cardmembers with the retailer. However, please
understand that if you do receive this type of offer from us and choose to
take advantage of it the retailer may then learn information about you
because only tardmembers with certain characteristics received the offer.
There are, however, circumstances in which we may share the information
we collect about you, as described in Section 1, with other companies in
orderto provide you with accessto products and services and to service your
Account effectively, as detailed below. We require these companies to
adhere to our privacy standards and to use this information only for the
limited purpose for which it was shared. We do not allow them to disclose
it to others without our prior approval.
a. Sharing Personal Information with Our Corporate Family
our corporate family offers a variety of products and services that can help
you manage your finances. In order to provide you with access to these
products and services, we may share the information we collect about you,
as described in Section 1, with other members of our corporate family'
These companies include financial service providers that offer credit
protection, card servicing and payment processing services. .
b. Sharing Personal Information with Non-Affiliated Parties for
Marketing Purposes
We may share the information we collect about you, as described in Section
to you. These companies
nce companies. and non-
c. Sharing Personal information with Others
We may share the information we collect about you as described in Section
with companies that perform support or marketing services on our
behalf, such as mailing, market research and data processing; other
-14-
financial institutions with which we have jloint marketing agreements; or
companies that are our partners for cobrand credit card programs or
reward programs, We may also share such information as permitted by
law.
3. How Do We Protect the Confidentiality, Security and Integrity of
Information about You?
We maintain physical, electronic and procedural safeguards to protect the
information we collect about you. Access to such information is restricted to
individuals who need it in order to service our Account or provide products
and services to you and who are trained in the proper handling of such
information. Employees who violate these confidentiality requirements are
subject to our disciplinary process. Where third.parties provide support
servces, we require them to conform to our privacy standards.
It is important that the information we maintain about you is accurate and
complete. If you see information in your monthly billing statements or
elsewhere which suggests that our information is incomplete or inaccurate,
please write to us at Discover Card, PO Box 30943, Salt Lake City, UT 84130-
0943 so that we can update this information.
4. How Can You Limit Sharing of Information About You?
We respect your privacy and offer you choices as to whether we may share
information about you with others. You have the option to tell us not to
share the information we collect about you, as described in Section 1, with
non-affiliated third parties. You also have the opthon to tell us not to share
the information we collect about you, as described in Section 1, with
companies in our corporate family. If you indicate a preference for either of
these options, please understand that you may not receive offers for
roducts and seances provided by other companies that could help you.
Power your costs, maximize your financial resources or manage your
finances,
sate your preferences, please callus at 1-800-225-5202 or writeto
over Card, PO Box 30961, Salt Lake City, UT 84130-0961. If you he
sly notified us aboutyourprivacy preferences; k is not necessary
again unless you decrde'to change your preferences. Your wi tti
t should include your name, address, telephone number and Accou
r(s)and should not be sent with any other correspondence. In ord
:ess your request, we require that the request be provided by yi
r and not through a third party, You will need to provide us with yo
!ncesfor each credit card account you have with us.
ay notify us about your preferences at any time. Your tequest H
in effect until you notify us otherwise. We will honor your requf
it share this inforrrration, except as permitted, by law. For .exampl
not share any information about you, except as permima cry raw, Tor mrrty
days after we provide this Policyto you in order to give you an oppportunity
to inform us about your preferences. If you are an existing Cardmember,
please understand that you may continue to receive marketing offers
directly from other companies thatwere already in production prior to the
processing of your request
This Priva,? Policy is provided to the primary Cardmember listed on the
Account %Wever, any joint Cardmember has the right to notify us about
preferences and we will treat that request as applying to the entire
Account We do not share information about former customers, except as
permitted by law. This notification supersedes all previously issued Privacy
-15-
08D000_05B0K-TL20A0508Jndd 17.18
Policies. We reserve the right to amend this Privacy Policy from time to time
and we will notify you if we do so.
This Privacy Policy is provided to you by Discover Bank and its subsidiaries,
which currently include GTC Insurance Agency, Inc and Discover Products
Inc. Unless otherwise specified, it applies to the family of Discover* Card for
is . Will not be shared? It is part of your Cardmember Agreement ana
vides a further explanation of how we collect and sharer information.
i may have other rights under state laws that apply to this information.
ise note that you will also receive privacy notices for other credit card
aunts you have with us, as well as other financial products and services
vided to Zr b us and our affiliates. You will need to indicate your
ferences foeach of these separately as disclosed in the notice.
Mont Residents - Your state lawrequires financial institutions to obtain
r consentpprior to sharing information about you with others. Except as
miffed bylaw, we will not share information we collect about you with
affiliated third parties or companies in our corporate family unless you
us at'1-600-DISCOVER (1-800347-2683) and authorize us to do so.
fornia Residents-Your state law requires financial institutions to obtain
r consent prior to sharing information. about you with non-affiliated .
d parties. Except as permitted by law, we will notshare information we
ect about you with non-affiliated third parties while you are a resident
'nli4nmin.
Your Billing Rights
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our
responsibilities under the Fair Credit Billing Act
1. Notify Us in Case of Errors or Questions About Your Bill
if you think your bill is wrong or if you need more information about a
transaction on your bill, write us on a separate sheet of paper at the address
listed on yourbill for Notice of Billing Errors. Write to us as soon as possible.
We must hear from you no later than 60 days after we sent you the first bill
on which the error or problem appeared. You can telephone us, butdoing
so Will not preserve your rights.
In your letter, give us the following information;
• your name and Account number.
• your dollar amount of the suspected error,
• describe the error and explain, if you can, why you believe there is an
error. If you need more information, describe the item you are not sure
about
If you have authorized us to pay your credit card bill automatically from
yoursavings or checking account, you can stopthe payment on any amount
yyou,think is wrong. To stop the payment, your letter must real us three
business days before the automatic payment is scheduled to occur.
1. Your. Rights and Our Responsibilities After We Receive Your
Written Notice
We must acknowledge your letter within 30 daysr.unless we have corrected
the error by then. Within 90 days, we must either correct the error or
explain why we believe the bill was correct
-16-
After we receive your letter, we cannot try to collect any amount you
question or report you as delinquent. We can continue to bill you ff the
amount you question, including finance charges and we can apply an
unpaid amount against your Account credit limit You do not have to payy
any questioned amount while we are investigating,. but you are still
obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake. on your bill,. you will not have to pay any
finance charges related to any questioned amount If we didn't make a
mistake, you may have to pay the finance dlarges, and "you will have to
make up any missed payments on the questioned amount in either case,
we will sendyyou a statement of the amount you owe and the date that it
is due:
If you fail to pay the amount that we think you owe, we may report you as
delingqvent However, if our explanation does not satisfy you and you write
us within ten days telling us that you still refuse to pay, we must tell anyone
we report you to that you have a question about your bill. And, we must,
tell you the name of anyone we reported you to. We must tell anyone we
report you to that the matter has been settled between us when it finally
is, If we don't follow these rules, we can't collect the first $50 of the
questioned amount, even if your bill was correct
3. S*al Rule for Credit Card Purchases
if you have a problem with the quality, of goods or, services that you
purchased with a credit card, and you 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 goods or services. There are two limitations
on this right
(a) you must have made the purchase in your home state or, if not within
your home state, within 100 miles of your current mailing address; and
(b) the purdtase price must have been more than $50.
These limitations do not apply if we own or operate the merchant or if we
mailed you the advertisement for the goods or services.
4. Purchases Made with Checla or Cash Advances
The Special Rule for Credit Card Purchases does not apply to purchases
made with a balance transfer 6edk, cash advance or promotional purchase
check Therefor e, if ou have a problem with the quality of goods or services
that you purchase with a balance transfer check, promotional purchase
check, cash advance check or the proceeds of a rash advance, you do not
have the right to ,withhold payment of the amount due.
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE
Discover® Cardmembers are provided with •$500,000 Scheduled Air Travel
Accident Insurance.* You, your Spouse, Domestic Partner or eligible
Dependent Children for whom a ticket was purchased on your Card (as
defined below) will be automatically insured against Accidental Loss of life
arising from and occurring on a Covered Trip while you, your Spouse,
Domestic Partner or eligible Dependent Children for whom a ticket was
purchased on your Card are riding as a passenger in or entering, exiting or
being struck by a Scheduled Aircraft or a conveyance operated by a. military
transport service or riding as a passenger in or entering or exiting any
conveyancelicensed to carry the public for a fee and while traveling directly
to or from the airport immediately preceding the departure of a Scheduled
Aircraft on which the Insured Person has purchased passage and immediately
-17-
I TL20A0508.indd 19.20
following the arrival of a Schedule Aircraft on which the insured Person was
a passenger.
*Coverage is underwritten by Federal Insurance Company, a member
insurer of the Chubb Group of Insurance Companies. Certain limitations and
exclusions apply.
PLAN FEATURES.
THE BENEFITS: The full Benefit Amount (`i50mo00) is payable for Accidental
Loss of Life,. The Loss must occur within one year of the Accident
MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person suffers
a Loss in the same Accident the Company will not pay more than the
maximum limit of insurance ($20,000,000) per Accident If an Accident
results in Benefit Amounts becoming payable, which when totaled, exceed
the applicable limit of insurance shown above, the maximum limit of
insurance will be divided proportionally among the Insured Persons, based
on each applicable Benefit Amount In the event of multiple Accidental
deaths per Account arisingg from any one Accident, the Company's' liability
toy all such Losses will be I'united to a maximum limit of insurance equal to
two times the applicable Benefit Amount for Loss of Life. Benefits will be
rcportionately, divided among the Insured Persons up to the maximum
Pmit of insurance,
Accident or Accidental means a sudden, unforeseen and unexpected event
happening "by chance;'and includes unavoidable exposure to elements
arising from a covered Hazard.
Acddental Bodily Iniur fiesl means bodily injury which is Accidental, is the
directsource of a Loss, is independent of disease, illness or other cause and
occurs while this policy is in force.
Account means a Card account
86nefit un means the Loss amount at the time-the entire cost of the
passenger fare is charged to an Account
Q means the Discover Card.
_CpgbAmber means the holder of the Card whose name appears on the
credit card.
Company means the Federal Insurance Company.
Covered Trip means travel on a Scheduled Aircraft when the entire cost of
the' passenger fare for such transportation, less redeemable certificates,
voudiers orcoupons has beencharged to the Insured Person's Account
)eh,4-t Child or Children means those children, including adopted
children and those children placed for adoption, who are primarily
dependent upon the Insured Person for maintenance and support and who
are, (1) under the age of 19 and reside with .lhe insured Person; (2) beyond
the aqe of 19, permanently mentally orphysically challenged, and incapable
at an institution of higher learning,
Domestic Partner means a person who: (1) is at least 18 years of age and
by blood; (3) has exclusively lived with the Insured Perso
year priorto the date of enrollment; (4) is not legally mar
and (5) as of the date of enrollment has with the Insuri
two of the following financial arrangements: (a) a joint n
(b) a joint bank account; (Q joint title to or ownership of a
status as a joint lessee on a 'motor vehicle lease; or (d) a
account with a financial institution. Neither the Insure)
Domestic Partner can be married to, nor in a civil union H
18-
in the Hazards form, as described on' page 1 of this Description of
Loss means the Loss of Life.
Hazard means the, covered circumstances for which this insurance is
providetl as stated in Section 111 of the Declarations, Hazards, and described
Coverage,-
Insured Person means all Cardmembers, their spouses, Domestic Partners
and Dependent Children, as well as authorized users of the Account
Loss of Ufe means death, including clinical death determined by the local
governing medical authorities.
policyholder means DES Services LLC, the entity responsible for the payment
of premnam,
Scheduled Aircraft means an aircraft owned and/or operated by a
War means hostilities following.a declaration of War by a government
DISAPPEARANCE BENEFITS: If t he Ensured Person has not been found within.
one year of the disappearance, stranding, sinking, wrecking or breakdown
ELIGIBILITY: This insurance plan is provided to Insured Persons automatically
EFFECTIVE GATES; Your insurance under this insurance plan is effective on
Scheduled Airline means an airline which is either of United 5tatesreg`istiy
and certified by the United States government, to carry passengers on a
regularlysrheduledbasis or of foreign registetand approved by the United.
States government and the appropriate foreign authority
authority. It there is no .declaration of War, then {t,} armed, open and.
continuous hostilities between two tountnes or {>.) armed, open. and
continuous hostilities between two factions, each in control of territory, or
claiming jurisdiction over the site of the area of hostility.
of any Scheduled Aircraft or conveyance in which the Insured Person was
covered as an occupant, it will be assumed, subject to all other terms of the
polity, that the Insured Person has suffered Loss of Life covered under the
polity.
EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements
arising from a covered Hazard.
when the entire cost of the passenger fare(s) on a Scheduled Airline is
charged to the Cardmember's Account while the insurance is effective. It is
not necessary for you to notify the Policyholder or the Company when
Scheduled Airline tickets are purchased.
the later of 1) April 1, 2007; or 4 the date you become an eligible
Cardmember. Your insurance coverage under this insurance plan will cease
on the earlier of (1) the date the insurance coverage is terminated; or (2)
the date you cease to be an eligible Cardmember.
COST: This insurance plan is provided at no additional cost to eligible
Insured Persons for Covered Trips: Policyholder pays the full cost of the
insurance.
O esignated by yor,. if no such designation has been made, that benefit I'll
THE BENEFICIARY: The Loss of Life benefit will be paid to the benefida ry.
Oil be paid to
a beneficiary
tor vehicle or Avenue, Omaha, NE 66164arafl3enefciaryrequest@The DirectMG.com:
it credit card
rson nor the EXCLUSIONS: This insurance plan. does not cover Loss resulting from: (i) an
rayc v, the plan administrator at The Direct Marketing Group, Inc., 1jLb5 1SepTOrO
anyone else. - Accident occurring while an Insured Person is in, entering, or exiting anyy
aircraft owned, leased or operated by this Poliryholder or any aircraft
-19-
OBDCCO_05BOK_TL20A050B.indd 21-22
insurance while in effect Complete policy provisions are contained in the
Master Policy, which can be obtained from the Policyholder.,
Policy # 9906-18-D6
Polity Underwritten By Plan Administrator
Federal Insurance Company The Direct Marketing Group, Inc.
a member insurer of the 13265 Bedford Avenue
Chubb Group of Insurance Companies , Omaha, NE 66164.
CLAIM NOTICE: Written claim notice must be given to the Company within
9o days after the occurrence of any to" covered by this policy or as soon as
reasonably possible. Failure to give notice within 90 days will not invalidate
or reduce any otherwise valid daim if notice is given as soon as reasonably
possible,
CLAIM FORMS: When the Company receives notice of a claim, the Company
Will send you forms for giving proof of Loss to us Wthin 15 days. If you do
not receive the forms, you should send the Company a written description
of the toss,
CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company
within 90 days after the date of Loss, or as soon as reasonably posible
Failure to give complete proof of Loss within these time frames will not
invalidate any otherwise valid daim if notice is given as soon as reasonable
possible and in no event later than one year after the deadline to submit
complete proof of toss.
CLAIM PAYMENT: The Company will pay you or your beneficiary the
applicable Benefit Amount within 60 dayyss after complete proof of toss is
received and if you, the Policyholder andlor the beneficiary have complied
with all the terms of the policy.
ARBITRATION: In the event of a dispute under this policy, either the Com-
pany or the Insured Person may make a written demand for arbitration. In
that case, the Company .and, the Insured Person will each select an arbitra-
tor. The two arbitrators will select a third. if they cannot agree within 15
days, either the Company or the insured Person may request that the choice
of arbitrator be submitted to the American Arbitration Association. The
arbitration will be held in the state of the Insured Person"s principal
residence.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CAUL THE CLAIMS
SERVICE CENTER AT 1-600-CLAIMS-0 (1-800-252-4670).
You can also go to the Company Website (vwvw.chubb.coml, click
on Report . a Loss, select Accident, Benefits and life claims, select the
approppnate form, print out the claim form,fll out and mail. You can file a
claim by mail or fax..
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700;
CHESAPEAKE, VA 23327.4.700
Fax Number: 1-600.300-2538
As a handy reference guide, please read this and keep it in a safe place with
your other insurance documents. This description of coverage is not a
contract of insurance but is a summary of the principal provisions of the
-20- .
DESCRIPTION OF COVERAGE
SECONDARY RENTAL CAR COLLISION COVERAGE
DiscoverO Cardmembers can benefit from the security and safe tY offered
through Excess Collision Damage Waiver. If you rent a vehicle for 31
consecutive days or less (or 45 days under certain circumstances described
below) with your Card (as defined below), you may be eligible for benefits
under this coverage. Excess Collision Damage Waiver is an insurance
program, underwritten by Federal Insurance Company Policy # 9906-17-63
(the "Policy").
DEFINITIONS:
Account means a Card account
fisAt rash Value means the cost to repair or replace the Rented
Automobile at the time of loss, less depreciation. .
candmernber means the holder of the Card whose name appears on the
credit card.
Sd means the Discover Card,
Collision Damage means the direct and accidental damage to a Rented
Automobile caused by upset or collision with another object Collision
Damage does not indude loss caused by missiles, falling objects, fire, theft.
or larceny, explosion, earthquake, windstorm, hail, wat&j,Iood, malicious
of or vandalism, riot or civil commotion,
. Deny means the Federal Insurance Company.
IO tYt€d means Cardmenibers and authorized users of the Account
policyholder means DFS Services LLC, the entity responsible for the payment
1s a commercial automobile rental company licensed
e applkable jurisdiction.
means a four-wheeled private passenger type motor
manufactured and designed to transport a maximum
and used excursively to carry passengers. A Rented
designed .for travel on public roads and rented from
TO GET LUYtKAUr:
The Collision Damage Waiver Coverage is provided to you, as an Insured,
automatically when the entire rental fee for the Rented Automobile is
charged or debited to your Account. It is not necessary for you to notifythe
Company at the time the rental fee is charged or debited to your Account:.
You must decline the Loss/Damage Waiver offered by the vehicle
Rental Agency.
• You must rent the vehicle in your own name and sign the vehicle rental
agreeroenttcontract
The coverage period will not exceed 31 consecutive days, or 45
consecutive days if the Insured is an employee of an organization which
has provided a Card to the Insured for business use.
-21-
I 23-24
THE KIND OF COVERAGE YOU RECEIVE:
in consideration of the premium paid by the Policyholder as required, and
subject to all the terms of the Policy, the Company agrees to reimburse on
an Actual Cash value basis either the Insured or the Rental Agency for
repair or replacement of the Rented Automobile as a result of Collision -
Damage to the Rented Automobile. The Company's liability will be for a
maximum reimbursement of 125,000. In no event will the Company be
liable beyond the amounts actually paid by the Insured or the Rental
Agency.
• If you or an Insured''s primary vehicle insurance or other coverage has
made payments for a covered loss, Excess Collision Damage Waiver will
cover your deductible and any other eligible amounts not covered by
other insurance.
• This coverage is not all-inclusive, which means it does not cover such
things aspersonal inJjury or personal liability. It does not cover you for any
damagesto other vehicles or property. It does not cover you for any injury
to any party.
WHO IS COVERED:
• Discover Cardmembers
EXCLUDED RENTAL VEHICLES:
Ofi-road, antique or limited edition motor vehicles; trucks; recreational
vehicles, campers, pickup truckt and mini-buses; limited edition motor
vehicles or high value, exotic, higgh performance or collector type. High
value motor vehicles are motor vehicles whose replacement value exceeds
$50,000, and antique motor vehicles are defined as any vehicle over25 years
old, or any vehicle which has not been manufactured for IQ years or
more.
WHERE YOU ARE COVERED:
• Coverage applies to vehicles rented in the United States and Canada
only.
• Coverage is not available where prohibited bylaw.
WHAT IS NOT COVERED:
Coverage does not appl to loss resulting from the following;
• Anydishonest, fraudulent or criminal act of the Insured.
• Forgery by the Insured.
• Loss due to war or confiscation by authorities.
• Loss due to nudear reaction or radioactive contarnination.
The Insured being intoxicated, as defined by the laws of the jurisdiction.
where the'loss occurred, or under the influence of any narcotic unless`
prescribed by a physician.
• Use of the Rented Automobile to carry passengers and property for hire.
• Use of the Rented Automobile by a person other than the one authorized
to operate the Rented Automobile by the terms of the Rental
Agreement
• Loss of use of the Rented Automobile. -
• Intentional damage to the Rented Automobile by the insured.
• Damage which is due and confined to wear and tear, freezing, mechanical
or electrical breakdown or failure:
• Damage to tires unless the loss is coincident with a covered loss.
• Use of the Rented Automobile in tests, races or contests.
The Rented Automobile being operated or located in any territory
prohibited by the terms of the Rental Agreement.
-22-
FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS:
To the extent that this plan provides insurance against damage to a rented
motor vehicle, the followng terms and conditions apply. (t) the period of
insurance coverage will not exceed 31 consecutive days, or 45 consecutive
days if the.Insured rs an employee of an or which has provided
of
use outside the United States, its territories ana possessions; to) me msurea
is an employee of an organization which has provided the Card to the
insured for business use; and Q the Rented Automobile is rented without a
driver.
HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER:
In the event of a claim, written or verbal notice must be provided as soon
as reasonably possible.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS
SERVICE CENTER AT:1.8DD-CLAIMA (1.800 252-4670).
.You can also go to the Company Website (wvv,N Chubb comdick on Report
a Loss, select Accident, Benefits and Life daims, select the appropriate form,
print out the claim form, fill out and mail, You can file a claim by mail
or fax.
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number. 1-80x300-2538
CLAIM PROCEDURE;
The Insured must send the Company written noticeof a claim, includin the
Insured's name and Policy number, within 90 days after a covered loss
occurs, if notice cannot be given within that time, it must be given as soon
as reasonably possible. To file a sworn Proof of Loss, the Insured must send
the following information to the Company or its authorized
representative:
• A copy of the Account statement showing the automobile rental
transaction.
• A copy of the automobile rental agreement
• A copy of the police report.
A,copy of the initial claim report submitted to the automobile Rental
Agency.
• A copy of the paid claim presented by the automobile Renta I Agency for
the Collision Damage for which the insured is responsible.
• Proof 'of submission of the loss to, and the results, of any settlement or
denial by the applicable insurance carrier(s).
• If no other insurance is applicable, a notarized statement fromthe insured
to that effect
Reminder. Please refer to the Insurance Disclosures section.
INSURANCE DISCLOSURES
As a handy reference guide, please read this document and keep it in a safe
place with your other insurance documents. This Summary of Coverage is
not a contract of insurance but is simply an informative statement to
-23-
o8D000_o5BOK TL20A0508.indd 25-26
eligible Insureds of the principal provisions of the insurance while in effect
=provisions pertaining to this plan of insurance are contained in
the master policy on file with DFS Services LLC; herein referred to as the
Policyholder. If a statement in this Summary of Coverage and any provision
in the policy differ, the policy will govern.
Policy Underwritten By. ; Plan Administrator
Federal Insurance Company ("Company") The Direct Marketing Group Inc.
a member of the 13265 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 68164
15 Mountain View. Road, PO Box 1615
Warren, New Jersey 07061-1651
Master Policy Number..9906.17-63
Effective date of benefits: Effective April 1, 2007, this guide replaces all
prior disclosures, program descriptions, advertising and/or brochures by any
party. Policyholder and Company reserve the right to change the benefits
and features of these programs at any time,
Cancellation: Policyholder can cancel these benefits at any time or choose
not to. renew the insurance coverage for all authorized Cardmembers, If
Policyholder does cancel these benefds,you will be notified at least 60 days
in advance. If the Company terminates, cancels, or chooses not to renew the
coverage to Policyholder, you will be notified as soon as is practicable,
Insurance benefits will still apply for any benefits you were eligible for prior
to the date of such terminations, cancellation or non-renewal, subject to
the terms and conditions of coverage.
Benefits to you: These benefits apply only to Cardmembers whose cards are
issued by U.S. financial institutions. The United States is defined as the 50
United States, the District of Columbia, American Sa moa, Puerto Rico, Guam
and the U.S. Urgin Islands. No person or entity other than the Cardmember
shall have an legal'or equitable right, remedy, or claim for insurance
proceeds snI damages under or arising out of this coverage. These
penefits do not apply, if your Card privileges
nsurance have been cancelled. However,
benefits will still apply for any benefit you were eligible for prior
to the datethatyourAccountissusperiLd orcancelled subjedto the terms
and conditions of coverage of yourCardmember Agreement
rransfer of ri ghts or benefits: No rights or benefits provided under these
nsurance benefits maybe assigned without the prior written consent ofhe
is representation and fraud: Coverage of.the Insured will be void if, at any
ne, the insured has concealed or misrepresented any material fact or
cumstance concerning this coverage or the subject thereof or the interest
the Insured herein, or in case of any fraud or false swearing by ;he
cured relating thereto.
Nerage for an insured will be void if, whether before or after a loss,
e Policyholder or. its subscribing organization(s) has concealed or
srepresented any material fact or circumstance concerning this coverage
the subject thereof or the interest of the Insured therein, or in
Addition of New Insureds; All. eligible persons will be automatically insured
under this Policy.
Examination Under Oath: It is a condition of this insurance that the insured
and the Polcyiaolder, as often as may be reasonably required by the
Company, veil(( submit, and within its power cause others to submit, to
-24-
examinations under oath and will produce for examination all writings,
books of account, bills, invoices and other vouchers, or certified copies,
thereof if originals Re lost, at such reasonable time and place as may be
designated by the Company or its representative, and will permit extracts'
and copies, thereof to be made. No such examination 'under oath,
examination of documents or any other act of the Company, its employees
or representatives in connection with the inaestigation of any, oss or claim
Will be deemed a waiver of any defense and such acts shall be deemed to
have been made or done without prejudice to the Companys liability
No Benefit to Others: This coverage will in no way inure directly or indirectly
to the benefit of any insurer, person or organization or other bailee,
Subrogation, It is a condition of this insurance that if the Company pays the
Insured fora loss, it will require the insured to assign and transfer any daim
or right of action against any individual, firm or corporation for such lass to
the Company or subrogate or hold in trust all such rights to the extent of
the amount paid. The Insured will agree to take action as requested by the
Company to enforce such rights. Upon payment by the Company to the,
Insured, the Insured agrees to direct enforcement of such rights as
reasonably requested by the Company and to return to the Company any
recovery to the extent payment of loss has been made by the Company.
Arbitration: In the eventof a dispute under this policy, .either the Company
or the insured may make a written demand for arbitration. In that case, the
Company and the Insured will each select an arbitrator. The two arbitrators
will select a third. if they cannot agree within 1,5 days, either the Company
or the Insured may request that the choke of arbitrator be submitted to the
American Arbitration Association. The arbitration will be held in the state
of the Insured's principal residence.
GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS
The Global Traveler's Hotline provides Cardmembers and their families a
wide range of free travel assistance benefits. It is operated by AXA
Assistance USA, Inc Visit Discovercard.comltravel to learn more,
Eligibility, You must be a Cardmember whose Account is in good standing,
the Cardmember's spouse or dependent child traveling with the
Cardmember or an Authorized User of an Account in good standing.
Third-Party Charges. Global Traveler's Hotline is not insurance, so you wall
be responsible for all third-Party fees and expenses for services requested,
such as professional or medical fees
Availability of Services. Certain services may not be available in all areas.
Call us at 1-800-DISCOVER (1-800.347-2683) for assistance or if you have
questions about specific destination. Outside the U.S., call us collect at
1-801-902-3100. While AXA Assistance will make every reasonable effortto
provide the. services, neither AXA Assistance nor Discover Bank or our
respective affiliates will be liable if a tervice is not provided or for any
services that are provided by third parties. Theservices and these terms and
conditions are subject to change without notice.
25-
08DCC0_0580K_TL20A0508.indd 27-28
EXHIBIT "C"
New Balance Minimum Payment Due Account Number ending in 4900
DISC' YER $13,353.67 $13,353.67 Enter Amount Enclosed Below '
CARD
Payment Due Date $
DUE IMMEDIATELY
08 SDSN6A01 0003752
WILLIAM ZERBE
409 ROSS AVE APT 5
NEW CUMBERLND PA 17070-2604
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the some day. Visit
Discover.com/payments today.
PO BOX 6103 11111111111 11111111111111
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
000001986459388856977133536700000001335367
Discover More Card Account Summary
Closing Date: July 8, 2009 page 1 of 1
Account number ending in 4900 Previous Balance $13,353.67
Payment Due Date August 7, 2009 Payments And Credits 0.00
Minimum Payment Due $13,353.67 Purchases + 0.00
Credit Limit $11,500.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance = $13,353.67
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
Cashback Banus®-Anniversary - - - - - - - - - - - - - - - - - -
Date: March 8
How Can We Help You?
p 1. Visit Discover.com to pay your bil for no cost, view your
l
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d
d
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d
It's your choice - 3 ways to help a
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ccount
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ormat
on, earn an
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more
2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service
Please have your Discover Card available. options or to speak with a Customer Service Account Manager
For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
Finance Charge Summary ?
Nominal -
Transaction
Average Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rgtes RATES RATES CHARGES CHARGES
current billing period: 30 days
Purchases $0 0.08216% 29.99% F 29.99% $0 $0
Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
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STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D. #13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
Plaintiff
VS.
WILLIAM H. ZERBE
409 Ross Avenue
Apartment 5
New Cumberland, PA 17070-2604
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 09-7839 CIVIL TERM
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above captioned case
DATE: l)-/ -0
EDWARD
tinued.
OF 4WNWARY
1099 NOV 18 PM 2= 02
PENNSAINMA