PORTFOLIO RECOVERY ASSOCIATES, LLC v. LAURIE STEWART

IN THE DISTRICT COURT OF WAGONER COUNTY STATE OF OKLAHOMA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, vs. LAURIE STEWART Defendant(s). Case No. CS-26-255 PETITION COMES NOW the Plaintiff, by and through counsel, Nelson and Kennard, LLP, and herewith alleges the following and seeks redress as hereafter delineated. 1. Plaintiff is a national debt collection agency, which transacts business within the State of Oklahoma. 2. Venue is proper in this County, as the Defendant(s) reside(s) in this County at the commencement of this action, or the contract which is the subject matter of this action was made, executed, and delivered in this County. 3. The last four (4) digits of the Defendant’s account number, used by the original creditor as of the date of default are XXXXXXXXXXXXX8825. 4. Plaintiff’s claim arises when the Defendant(s) opened a credit account and failed to make the required monthly payments as agreed. The credit account charged off for non-payment on 1/28/24, the balance due at time of default is as follows $2,735.33. A true and accurate copy of the last periodic statement provided to the Defendant(s) prior to charge-off is attached hereto as Exhibit 1. A true and accurate copy of the ownership of the credit card account is attached hereto as Exhibit 2. A true and accurate copy of the Terms and Conditions of the account is attached as Exhibit 3. 5. The Defendant(s) breached the Contract by failing to make the required periodic payments. 6. As a direct and proximate result of the Defendant(s) default, the total amount of debt claimed is $2,735.33. 7. The date of the last payment made by the Defendant(s) is July 28, 2023. 8. Plaintiff seeks court costs, and for such further relief as the Court may deem proper in the premises. WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC prays for judgment against the Defendant(s), LAURIE STEWART in the amount of $2,735.33, plus all costs herein expended, including but not limited to, court costs, sheriff’s fees, and special process server fees, attorney fees; and for such other and further relief as the Court may deem proper in the premises. Dated this January 27, 2026 Nelson and Kennard, LLP By: ____________________________ Ashton Dewayne Sears, OBA # 35737 12596 W. Bayaud Ave., Ste. 120 Lakewood, CO 80228 Phone: 866-920-2295 [email protected] Attorney for the Plaintiff EXHIBIT 1 Account Number 8825 December 09, 2023 - January 08, 2024 PAYMENT INFORMATION New Balance $2,735.33 Minimum Payment Due $1,009.08 Payment Due Date 02/05/2024 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $40.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: <table> <tr> <th>If you make no additional charges using this card and each month you pay ...</th> <th>You will pay off the balance shown on this statement in about ...</th> <th>And you will end up paying an estimated total of ...</th> </tr> <tr> <td>Only the Minimum Payment</td> <td>17 years</td> <td>$6,952.00</td> </tr> </table> If you would like information about credit counseling services, call 844-471-0708. SUMMARY OF ACCOUNT ACTIVITY <table> <tr> <th></th> <th>Previous Balance</th> <th>$2,621.16</th> </tr> <tr> <td>Payments</td> <td></td> <td>$0.00</td> </tr> <tr> <td>Other Credits</td> <td></td> <td>$0.00</td> </tr> <tr> <td>Purchases and Adjustments</td> <td>+<br>+<br>+<br>+<br>+<br>+</td> <td>$0.00<br>$0.00<br>$0.00<br>$0.00<br>$40.00<br>$74.17</td> </tr> <tr> <td>Balance Transfers</td> <td>+<br>+</td> <td>$0.00<br>$0.00</td> </tr> <tr> <td>Cash Advances</td> <td>+<br>+</td> <td>$0.00<br>$0.00</td> </tr> <tr> <td>Fees Charged</td> <td>+<br>+</td> <td>$40.00<br>$74.17</td> </tr> <tr> <td>New Balance</td> <td></td> <td>$2,735.33</td> </tr> <tr> <td>Statement End Date</td> <td></td> <td>January 08, 2024</td> </tr> <tr> <td>Days in Billing Cycle</td> <td></td> <td>31</td> </tr> <tr> <td>Past Due</td> <td></td> <td>$868.70</td> </tr> <tr> <td>Overlimit</td> <td></td> <td>$735.33</td> </tr> </table> CREDIT LINE SUMMARY <table> <tr> <th>Total Credit Line</th> <th>$0.00</th> </tr> <tr> <th>Credit Line for Cash</th> <th>$0.00</th> </tr> <tr> <th>Total Available Credit</th> <th>$0.00</th> </tr> <tr> <th>Available Credit for Cash</th> <th>$0.00</th> </tr> </table> REWARDS SUMMARY <table> <tr> <th>Previous Balance</th> <th>638</th> </tr> <tr> <td>Earned</td> <td>+<br>0</td> </tr> <tr> <td>Redeemed</td> <td>-<br>0</td> </tr> <tr> <td>Other Adjustments</td> <td>+<br>0</td> </tr> <tr> <td>Current Balance</td> <td>=<br>638</td> </tr> </table> Account Ending 8825 New Balance $2,735.33 Minimum Payment Due $1,009.08 Payment Due Date 02/05/24 Amount Enclosed ________ Pay Online, Mobile, Phone or Mail Online www.mercurycards.com Mobile App In your favorite app store Phone 866-686-2158 Mail PO BOX 70168 Philadelphia PA 19176-0168 For correspondence only: Customer Service, PO BOX 84064, Columbus GA 31908-4064 Please tear at perforation and make payment payable to Card Services. SEE REVERSE FOR IMPORTANT INFORMATION. CARD SERVICES PO BOX 84064 COLUMBUS GA 31908-4064 Card Ending 8825 New Balance $2,735.33 Minimum Payment Due $1,009.08 Payment Due Date 02/05/24 Amount Enclosed ________ Payments: You may pay all or part of your Account balance, at any time. However, you must pay at least the Minimum Payment Due by the Payment Due Date each Billing Period. We cannot accept wire transfers or payments that are electronically transmitted directly to us using our bank routing number. If you are enrolled in automatic payments (AutoPay), we reserve the right to cancel enrollment without prior notice. Please do not send post-dated checks as they will be deposited upon receipt. Late payments, partial payments or payments marked "payment in full" or with any other restrictive endorsement can be accepted by us without losing any of our rights under your Cardmember Agreement. We may re-present to your financial institution any payment that is returned unpaid. We may delay increasing your available credit by the amount of any payment that we receive for up to 10 Business Days. When Your Mailed Payment Will be Credited. If we receive your mailed payment in proper form at the proper address by 5 p.m. Eastern Time, on a Business Day, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next Business Day. If the payment due date falls on a day when we do not receive or accept payments, the payment will not be treated as late if it is credited the next Business Day. Business Day means Monday through Friday, excluding federal holidays. Allow at least 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or not sent to the correct address. The correct address for regular mail is the 'Payment To' address on the front of the payment coupon. The correct address for express mail is Lockbox Services, Box #70168, 400 White Clay Center Dr, Newark, DE 19711. Proper Form: For a payment sent by regular or express mail, proper form is a single check or money order, in U.S. dollars, drawn on a U.S. institution, with a single payment coupon from your billing statement. Include your name and the last four digits of your Account number. Unless sent by express mail, please use the envelope we provided. No cash or foreign currency. No staples or paper clips. No extra pieces of paper. Payment online, by phone or mobile: Payments made through our website, www.mercurycards.com, through the phone number shown on the front of your statement or through our mobile app and completed on a Business Day by midnight Eastern Time, will be credited as of that day. Otherwise, it will be credited on the next Business Day. Electronic Check Conversion: When you provide a check as payment on this Account, you authorize us to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we receive your payment, and you will not receive your check back from your financial institution. How to Avoid Paying Interest on Purchases: Your due date is at least 23 days after the close of each Billing Period. You will not be charged interest on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. If you don't pay your New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the date they post to your Account, subject to applicable law. You will pay interest on Balance Transfers and Cash Advances from the date these Transactions post to your Account. How We Calculate Interest: We calculate interest separately for each different balance. Your billing statement shows each balance in the "Balance Subject to Interest Rate." We use the "Average Daily Balance Method (including Current Transactions)." For each balance, to determine an average daily balance, we start with the beginning balance each day. The beginning balance for the first day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments or credits applied to that balance; and make other adjustments. We add Balance Transfer fees to the applicable Balance Transfer balance. We add Cash Advance Fees to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance. This gives us the daily balance. A credit balance is treated as a balance of zero. Then, we add up all the balances of that balance type for the Billing Period, and divide the total by the number of days in the Billing Period. This gives us the Average Daily Balance for the balance. We multiply the applicable daily periodic rate by the Average Daily Balance by the number of days in the Billing Period. Variable rates: vary with the market based on the Prime Rate. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If you think we reported inaccurate information to a credit bureau, write to us Card Services - Dispute Resolution, PO Box 84064, Columbus, GA 31908-4064. Change of Address: If the information on the front of this statement is incorrect, please provide updated information: Please call us for any address change requests outside of the United States, including the US territories. Name: ________________________________ Address: ________________________________ City: ___________________________ State: __________ Zip: __________________ Home Phone Number: ________________ Work Phone Number: ________________ Cell Phone Number: ________________ By giving us your telephone number, you authorize us and our service providers to contact you at that number regarding your account. Your consent allows contact by text messaging, artificial or prerecorded voice messages and automatic dialing technology for periodic informational and service calls. These communications may be monitored or recorded. Message and data rates may apply. You can opt out of text messaging by responding "STOP." If you have <table> <tr> <th colspan="2">FEES</th> <th></th> <th></th> </tr> <tr> <td>01/05</td> <td>01/05</td> <td>Late Fee</td> <td>$40.00</td> </tr> <tr> <td colspan="3">Total Fees for this Period</td> <td>$40.00</td> </tr> <tr> <th colspan="2">INTEREST CHARGED</th> <th></th> <th></th> </tr> <tr> <td>01/08</td> <td>01/08</td> <td>Interest Charge-Purchases</td> <td>$74.17</td> </tr> <tr> <td colspan="3">Total Interest for this Period</td> <td>$74.17</td> </tr> <tr> <th colspan="4">2024 TOTALS YEAR-TO-DATE</th> </tr> <tr> <td colspan="3">Total Fees charged in 2024</td> <td>$40.00</td> </tr> <tr> <td colspan="3">Total Interest charged in 2024</td> <td>$74.17</td> </tr> <tr> <th colspan="4">INTEREST CHARGE CALCULATION</th> </tr> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>Purchase</td> <td>33.24%(v)</td> <td>$2,626.32</td> <td>$74.17</td> </tr> <tr> <td>Balance Transfer</td> <td>33.24%(v)</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Cash Advance</td> <td>33.24%(v)</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td colspan="4">(v) = variable rate</td> </tr> </table> Enroll in AutoPay to ensure your payment is made by the due date each month. Simply log in to www.mercurycards.com and select Set Up AutoPay to enroll today. How to Report a Lost or Stolen Card: Call customer service at 866-686-2158. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at Card Services - Dispute Resolution, PO Box 84064, Columbus, GA 31908-4064. In your letter, give us the following information: • Account Information: Your name and Account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all of the following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50. (Note: Neither of these is necessary if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a Check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. If all of the criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at Card Services - Dispute Resolution, PO Box 84064, Columbus, GA 31908-4064. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Customer Service Address: Card Services, PO Box 84064, Columbus, GA 31908-4064. EXHIBIT 2 EXHIBIT G BILL OF SALE AND ASSIGNMENT OF ACCOUNTS (Pool #) – Fresh Flow – January 2024 First Bank & Trust, organized under the laws of South Dakota with a place of business at 520 6th Street, Brookings, South Dakota 57006 ("Seller"), in consideration for the transfer of any and all liabilities or obligations associated with ownership of the Accounts, hereby absolutely sells, transfers, assigns, sets-over and conveys to Portfolio Recovery Associates, LLC, a limited liability company organized under the laws of Virginia with its principal place of business at 120 Corporate Boulevard, Norfolk, Virginia 23502 ("Buyer") without representations or warranties, express or implied, of any type, kind or nature except as expressly agreed to between Seller and Buyer (hereinafter defined): (a) all of Seller’s right, title, and interest in and to each of the Accounts identified in the Account schedule attached hereto as Schedule 1 (the "Accounts"), and (b) all principal, interest, or other proceeds of any kind with respect to the Accounts but excluding any payments or other consideration received by or on behalf Seller on or prior to 01/31/2024, with respect to the Accounts. DATED: January 29, 2024 ______________________________ By: [signature] Title: SVP <table> <tr> <th>CREDIT_CARD_NUMBER</th> <td>************8825</td> </tr> <tr> <th>BCUS_CREDIT_CARD_NUMBER</th> <td></td> </tr> <tr> <th>EXTNL_ACCT_ID</th> <td>************4082</td> </tr> <tr> <th>CREDIT_CARD_ACCOUNT_ID</th> <td>************5210</td> </tr> <tr> <th>NAME</th> <td>LAURIE STEWART</td> </tr> <tr> <th>SSN</th> <td>*****************</td> </tr> <tr> <th>DATE_OF_BIRTH</th> <td>**/**/1961</td> </tr> <tr> <th>ADDRESS1</th> <td>29139 E 154TH ST S</td> </tr> <tr> <th>ADDRESS2</th> <td></td> </tr> <tr> <th>CITY</th> <td>COWETA</td> </tr> <tr> <th>STATE</th> <td>OK</td> </tr> <tr> <th>ZIP</th> <td>744294115</td> </tr> <tr> <th>HOME PHONE</th> <td></td> </tr> <tr> <th>WORK PHONE</th> <td></td> </tr> <tr> <th>CELL_PHONE</th> <td>********************</td> </tr> <tr> <th>EMAIL</th> <td>********************</td> </tr> <tr> <th>COAPP_NAME</th> <td></td> </tr> <tr> <th>COAPP_SSN</th> <td>********************</td> </tr> <tr> <th>GROSS_LOSS_AMT</th> <td>2735.33</td> </tr> <tr> <th>ACCOUNT_OPEN_DATE</th> <td>2021-11-21</td> </tr> <tr> <th>LAST_STATEMENT_DATE</th> <td>2024-01-08</td> </tr> <tr> <th>LAST_PAYMENT_DATE</th> <td>2023-07-28</td> </tr> <tr> <th>AMOUNT_OF_LAST_PAYMENT</th> <td>17.16</td> </tr> <tr> <th>STATEMENT_PAYMENT_DUE_DATE</th> <td>2024-02-05</td> </tr> <tr> <th>PURCHASE_APR</th> <td>0.00</td> </tr> <tr> <th>CASH_APR</th> <td>0.00</td> </tr> <tr> <th>CREDIT_LIMIT</th> <td>2000</td> </tr> <tr> <th>PRINCIPAL_BALANCE</th> <td>1925.57</td> </tr> <tr> <th>CHARGEOFF_DATE</th> <td>2024-01-28</td> </tr> <tr> <th>DATE_FIRST_DLQ</th> <td>2023-06-08</td> </tr> <tr> <th>PAYMTS_AMT_AFTER_CHARGEDOFF</th> <td>0</td> </tr> <tr> <th>NUMBER_OF_PAYMTS_AFTER_CHARGEDOFF</th> <td>0</td> </tr> <tr> <th>PRINCIPAL_BALANCE_CHARGEDOFF</th> <td>1925.57</td> </tr> <tr> <th>TOTAL_AMT_INTEREST_CHARGEDOFF</th> <td>320</td> </tr> <tr> <th>TOTAL_AMT_FEE_CHARGEDOFF</th> <td>489.76</td> </tr> <tr> <th>TOTAL_AMT_CHARGEDOFF_BALANCE</th> <td>2735.33</td> </tr> <tr> <th>DATE_LAST_PURCH</th> <td>2023-05-09</td> </tr> <tr> <th>AMT_LAST_PURCHASE</th> <td>14.22</td> </tr> </table> Sale File: TO_PRA_CHARGE_OFF_REPORT_20240129.XLSX <table> <tr> <th>PRODUCT</th> <td>Mercury® Mastercard®</td> </tr> <tr> <th>ORIGINATING CREDITOR</th> <td>First Bank & Trust</td> </tr> <tr> <th>SEC POOL ID</th> <td>MMT001</td> </tr> <tr> <th>CPC</th> <td>REW</td> </tr> </table> EXHIBIT 3 MERCURY MASTERCARD* CARDMEMBER AGREEMENT FO3-Y309-1 -1020 This Agreement governs the use of your Account. The enclosed Pricing Schedule is part of this Agreement. Please read this Agreement, including the Pricing Schedule, and keep them for your records. DEFINITIONS: *Account* means your Mercury MasterCard* Account with us established by this Agreement. *Affiliate* means our parent corporations, subsidiaries and affiliates. *Authorized User* means any person you allow to use your Card on your Account. *Billing Period* means the period of time that begins on the date of this Agreement and ends on the statement date of your Account. A Billing Period is usually 28 to 31 days. *Billing Statement* means the period of time covered by the billing statement we send to you. A Billing Period is usually 28 to 31 days. *Business Day* means Monday through Friday, excluding federal holidays. *Card* means a card or other access devices, including your Account number or virtual card, that we issue to you, or someone you authorize, to receive credit under this Agreement. *Cash Advance* means use of your Card to obtain cash from an ATM, financial institution, or other location; to make a payment to load a stored value card or accessible card such as a prepaid card, electronic gift card, lottery ticket, money orders, casino chips, foreign currency, or similar items. It also means use of a Check we provide to you for use as a Cash Advance. *Check* means any Check we may, in our discretion, send you to enclose with your Account statement. *Covered Borrower* means a Covered Borrower pursuant to a determination made in accordance with 32 C.F.R. 232.5(b). A Consumer ceases to be a Covered Borrower when their Annual Percentage Rate exceeds the U.S. Prime Rate plus 5% as published in the Money Rates section of The Wall Street Journal on the last Business Day of the month. *Prime Rate* means the highest rate of interest listed as the U.S. Prime Rate in the Money Rates section of The Wall Street Journal on the last Business Day of the month. *purchase* means the use of your Account to buy or lease goods or services at participating merchants. However, the purchase of foreign currency or of cash equivalents like casino chips or lottery tickets, is treated as a Cash Advance not a Purchase. *We*, "*us" or "*our*" refer to First Bank & Trust, Brookings, SD, the issuer of your Card. *You*, "*your*", or "*yours*" refer to you and any other person who is also contractually liable under this Agreement. AGREEMENT ACCEPTANCE You accept this Agreement if you use the Account. You also accept this Agreement if you do not cancel the Account within 40 days of the Account open date. This Agreement and the enclosed Pricing Schedule (including the Jury Trial Waiver and Arbitration Clause) will have a substantial effect on your rights, including your right to bring or participate in a class action or have a jury trial in the event of a Dispute between you and us. However, you may reject the Jury Trial Waiver and Arbitration Clause ("opt-out") by following the steps noted in that section within 60 days after you have accepted the Agreement. CHANGES TO YOUR ACCOUNT This Agreement, including the Jury Trial Waiver and Arbitration Clause, may change and we may add or delete any term. When required by law, we will provide advance written notice of any changes and any right to reject the changes. ACCOUNT USE Permitted Uses – Your Account may be used for Purchases, Balance Transfers and Cash Advances. The Account may not be used for illegal transactions. This Account is to be used for consumer purposes, not for business purposes. However, even if the Account is used for business purposes, this Agreement will still apply to those transactions and you are responsible for repayment. The Account must be closed if it is used for business purposes. Check – When you use the Card to make payments on your Account, it will be charged to your Credit line. You may not use a Check to pay any amount you owe us. We may elect to not honor a Check if the Check may cause your Account balance to exceed the Cash Advance or other applicable credit line on your Account statement. You can stop payment on any Check by calling us within three (3) business days of the date issued or before the Check is paid. If the Check is not stopped, we will not be able to stop payment if we have already sent you payment request after we have started processing the Check. Please see the Fees section in this Agreement for information regarding the Check Stop Payment Fee. Purchases and Cash Advances in Foreign Currencies – If you make a transaction in a foreign currency (including, for example, online Purchases from foreign merchants, international telephone charges, bank fees, or international or foreign travel), the Charge Amount will be calculated according to the rate in effect when the time the transaction is processed. Currently, they use a wholesale market rate or a government mandated rate. These procedures may change without notice. The Charge Amount will be converted into U.S. Dollars based on the exchange rate applicable at the time of payment. A merchant or other third party may convert a transaction into U.S. Dollars or another currency, using a rate they select, before sending it to Visa or Mastercard. Credit Line – We assign a credit line for your Account. You must keep your Account balance below your credit line. We may request immediate payment of any amount that goes over your Account credit line. Your Account credit line may be increased or decreased at any time, without advance notice. We may delay increasing your available credit by the amount of any payment or transfer until the payment or transfer is received. Credit Authorizations – Transactions may not be authorized for security or other reasons. If we decline to authorize a transaction, or if anyone refuses your Card, Check or Account number, we will not be liable to you. Automatic Billing Arrangement – If you have an automatic billing arrangement with a merchant, you are responsible for providing updated Card or Account expiration date information to the merchant. You also authorize us to provide updated Card or Account information to a merchant at our sole discretion. If you want to stop participation in an automatic billing arrangement, contact the Merchant to remove your account number or Card. Unauthorized Use – If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should immediately call us at the telephone number listed on the back of your Card or at the customer service number shown on the front of your Card. Mobile Device – With your written consent, a Mobile Device can be used to access the Account or process a Transaction. Any Transaction conducted using your Mobile Device is covered by this Agreement. Secure your Mobile Device. Anyone who can access your Account or Card using your Mobile Device can make charges to your Account. Applications that allow you to access your Account via Mobile Device are available at www.mercureycards.com. Joint Accounts – If this Account is a Joint Account, each of you agrees to be individually and jointly liable for the entire amount owed on the Account. Each of you also agrees to notify us if either of you will serve as notice to both of you. AUTHORIZED USERS Liability – Use of your Account by an Authorized User is subject to the terms of this Agreement. You will be liable for all transactions and any fees or charges resulting from unauthorized use of your Card. Your Account is for your use only. An Authorized User is not entitled to obtain credit on your Account, including transactions for which you may not have intended to be liable, even if the amount of those transactions causes a credit line to be exceeded. If an Authorized User uses any other person’s Card to make Transactions, both of you will be jointly liable for all Transactions, fees, and charges as well. If this Account is a Joint Account, each of you agree to be individually and jointly liable for the entire amount owed on the Account. Information – Authorized Users of this Account may have the same access to information about the Account and its users as the Account holders. Additional Card for Authorized User – You may request an additional Card for an Authorized User. Before you make this request, you must: • Let us know that you want an Additional Card. • Agree to be responsible for the Account and any activity related to the Additional Card. • Obtain their permission to share their Information with us and for us to utilize it as allowed by applicable law. Canceling an Authorized User – You must notify us if you wish to cancel the authority of an Authorized User to use your Account. In some cases, we may close your Account without notice and without refund or replacement Card(s) if we determine that the Authority has not been canceled. Cancelling or Deleting an Authorized User, even if the post-date shown on your statement for that Transaction occurs after the date you notify us to cancel the authority of an Authorized User to use your Account. FEES (See our Pricing Schedule for Additional Fees) Minimum Interest Charge – If you are charged Interest, the charge will be no less than the amount shown in your Pricing Schedule. Balance Transfer Fee – We may charge you this Fee for each Balance Transfer. See our Pricing Schedule for the fee amount. Cash Advance Fee – We may charge you this Fee for each Cash Advance. Foreign Transaction Fee – A Foreign Transaction Fee may be charged for any Purchase that is made in a foreign currency and that is made outside the U.S. (A Purchase is made outside the U.S. unless it is made with a U.S. merchant and processed completely in the U.S.) See your Pricing Schedule for the fee amount. This Fee is in addition to any Exchange Fee. We will not charge this Fee if you pay at least the Minimum Payment Due by the Payment Due Date. Late Fee – A Late Fee may be charged if you do not pay at least the Minimum Payment Due by the Payment Due Date. The Late Fee is $25 and, if you make another Late Payment within the next 9 Billing Periods, the Late Fee will be $40. The amount of your Late Fee will never be higher than your Minimum Payment Due immediately prior to payment. Returned Payment Fee – A Returned Payment Fee may be charged if you make a payment that is not honored by your financial institution, even if the payment is honored by your financial institution within 30 days of its return to us. If your payment is not honored by your financial institution we will assess the Returned Payment Fee. If your payment is honored by your financial institution within 30 days of its return to us, we will not assess the Returned Payment Fee. Returned Check Fee – We may charge you a Returned Check fee of $25 if we return a Check unpaid because it exceeds the available credit line at the time it is received. However, we may assess additional fees for unauthorized charges, or if you do not comply with the instructions regarding the Checks. The amount of the Returned Check Fee will not exceed the amount of the returned Check. Over Limit Fee – None. We do not charge you an Over Limit Fee if your balance exceeds your credit limit. Charge Stop Payment Fee – If you request us to stop payment on a Check, we may charge you our Stop Payment Fee of $25. Expedited Card Fee – If you request expedited delivery for a replacement Card, for example, to replace a lost or stolen Card, we may charge you an Expedited Card Fee of $25. Duplicate Statement Fee – If you request a duplicate copy of a monthly statement, for any purpose other than to assert a billing error, we may charge you a $30 fee for each statement copy requested. ANNUAL PERCENTAGE RATES (APRs) (Rates and APRs are based on the APRe that apply to your Account) Variable APR* – Your Pricing Schedule may include variable APRe. A Variable APR is an APR that can change each Billing Period. These APRe are determined by adding a certain percentage amount (called the Margin) to the Prime Rate. Variable APRs will increase or decrease whenever the Prime Rate increases or decreases. An increase in the Variable APR will result in increase in your Total finance charges and may increase your Minimum Payment Due. The New APR will apply to balances outstanding as of the beginning of the next Billing Period. Minimum Payment Due – Each Billing Period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing statement. To calculate your Minimum Payment Due, we start with any amount past due, then we add the larger of the following: (1) $50 (2) 1% of the New Balance (excluding any billed Interest or minimum Interest charge and any late Fee or Returned Payment Fee for the Billing Period) and then we subtract any applicable Adjustment to minimum Interest charge and any late Fee or Returned Payment Fee for the Billing Period, and round the total to the nearest cent. The Minimum Payment Due may also include amounts by which you exceed your Account Credit Line. It will not exceed the New Balance. You may pay more than the Minimum Payment Due to avoid finance charges or to pay off the Account. See our Pricing Schedule for the charge amount. How We Apply Payments and Credits – Payment for up to the Minimum Payment Due amount will be applied first to fees and interest charges, other than any Interest charged on the minimum Interest charge, and second to the installment payments owed, then later to the highest APR balance. Payments in full, or substantially in full, will satisfy the obligation to pay. If we reduce or eliminate your fees and other charges, we may increase your Minimum Payment Due. Minimum Payment Due – Each Billing Period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing statement. To calculate your Minimum Payment Due, we start with any amount past due, then we add the larger of the following: (1) $50 (2) 1% of the New Balance (excluding any billed Interest or minimum Interest charge and any late Fee or Returned Payment Fee for the Billing Period) and then we subtract any applicable Adjustment to minimum Interest charge and any late Fee or Returned Payment Fee for the Billing Period, and round the total to the nearest cent. The Minimum Payment Due may also include amounts by which you exceed your Account Credit Line. It will not exceed the New Balance. You may pay more than the Minimum Payment Due to avoid finance charges or to pay off the Account. See our Pricing Schedule for the charge amount. How We Apply Payments and Credits – Payment for up to the Minimum Payment Due amount will be applied first to fees and interest charges, other than any Interest charged on the minimum Interest charge, and second to the installment payments owed, then later to the highest APR balance. Payments in full, or substantially in full, will satisfy the obligation to pay. If we reduce or eliminate your fees and other charges, we may increase your Minimum Payment Due. How your Monthly Payments May Impact Your Grace Period – If you do not pay the New Balance shown on your statement in full by the Payment Due Date each month, depending on the balance to which we apply your payment, you may not receive a grace period on new Purchases. INTEREST CHARGES Note: Certain interests – Average Daily Balance Method (including Current Transactions) – We calculate Interest separately for each different balance (for example, Purchases at the current rate, Balance Transfers at the current rate, Cash Advances at the current rate, and different promotional balances). Your billing statement will show the average daily balance for each balance category. We divide the total Interest charge by the number of days in the Billing Period, and apply the daily periodic rate by the Average Daily Balance by the number of days in the Billing Period. To get a daily periodic rate, we divide the APR by 365. You estimate the daily periodic rate by dividing the APR by 365. The Average Daily Balance includes any balances owed and any Interest charges that are added to that balance at the end of the Billing Period. This total interest charged for a Billing Period equals the sum of the interest charged on each balance. For each balance, to determine an "Average Daily Balance," we calculate a daily balance each day of the billing period. Interest charges accrue on a Purchase, Balance Transfer, or Cash Advance from the day the Charge Amount is posted to your Account statement. For Balance Transfers, there is no Effective Date. The balance for the first day of the Billing Period is the balance at the end of the prior Billing Period. Each day, we add any new transactions and fees; subtract any payments; adjust for any returns; and arrive at an "Average Daily Balance." We will calculate the Interest charge on the resulting balance and add that interest to the Balance Amount to the applicable Cash Advance balance. We generally add other fees to the standard Purchase balance. This gives us the daily balance. A credit balance is added to the effective payment amount for that balance type for the Billing Period, and divide the total by the number of days in the Billing Period. This gives us the Average Daily Balance for the balance. When Interest Charges Begin – We will begin charging Interest on Cash Advances, Balance Transfers and Purchases on the transaction date. However, you can avoid paying Interest on these charges if you pay the New Balance in full by the Payment Due Date, or if you pay off the charges in full during the Grace Period. Transfers and Cash Advances from the transaction date until you pay the total amount you owe us. How we Calculate Interest on Purchases in a Billing Period – Our interest rates on Purchases in a Billing Period in which you pay the New Balance in full by the Payment Due Date. If you don't pay the New Balance in full by the Payment Due Date in a Billing Period, you'll pay interest on existing Purchases, and new Purchases in that billing period, from the transaction date, subject to applicable law. ADDENDUM TO AGREEMENT Default – You default if you don't pay at least the Minimum Payment Due by the Payment Due Date, you have a Returned Payment, you exceed your Credit line, you use your Account for illegal transactions, you file for bankruptcy or emergency proceeding is filed by or against you, you become bankrupt, insolvent, or in any other way unable to repay your obligations, if a Consumer Reporting Agency reports you as insolvent or permanently incapacitated, or if you do. If you default we may declare the entire Account balance immediately due and payable, without notice, to the extent allowed by law, and close your Account. Closed Accounts remain subject to your Agreement. If we notify you in writing that your Account is closed, the Account remains subject to your Agreement. If you notify us in writing at the Customer Service address on your billing statement or at www.mercureycards.com, you will remain responsible for any amount owed on your Account until paid. Any Account that is closed for any reason will remain subject to your Agreement except as otherwise required by applicable law. If you have any questions or need assistance with your Account, contact us at the number on your statement or at www.mercureycards.com. You may also call us toll-free at 1-855-426-7663. Collection by Contractors – If you fail to pay as agreed, we will notify a collection agency. Collection agencies may contact you by telephone to seek payment of the amounts owed. Collection agencies may contact you by telephone at any time, including evenings and weekends. Collection agencies may contact up to five times per week. They may leave up to five messages per week. Collection agencies may contact you at your home, work or mobile phone number. Collection agencies may contact you at a business or residence address you provide. Collection agencies may contact you at a phone number you provide to them. Contact Authorization – You agree that we, and any other owner or servicer of your Account, may contact you <table> <tr> <th>Question</th> <th>Short Answer</th> <th>Further Detail</th> </tr> <tr> <td>Is there a referral process?</td> <td>Yes</td> <td>You may refer your references or update your contact information at www.verizonwireless.com or by calling the Customer Service number shown on the front of your billing statement.</td> </tr> <tr> <td>Access To Your Mobile Subscriber Details</td> <td>You authorize your wireless operator (AT&T, Sprint, T-Mobile US, Comcast Verizon, or any other branded wireless operator) to provide you, and any other entity to which you direct such access, customer type, telephone number, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you provide with your wireless operator Account profile. You give express consent to this provision by signing the Privacy Policy.</td> <td></td> </tr> <tr> <td>Governing Law</td> <td>This Agreement is governed by applicable federal law and by South Dakota law, without regard to South Dakota's conflict of laws principles.</td> <td></td> </tr> <tr> <td>Severability</td> <td>If any part of this Agreement conflicts with applicable law, that provision will be considered modified to conform to applicable law. However, if you are a Covered Borrower under the Military Lending Act, Sections 1051-1061 of Title 12 of the United States Code ("the Act"), then you must be notified in writing of any provision of this Agreement that would be contrary to the Act, and, if you so request in writing, then you and we agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this Agreement to arbitrate shall continue in full legal force and effect. In addition, your waiver of the right to bring or participate in a class or representative action is unenforceable, then this Agreement to arbitrate shall be of no force or effect.</td> <td></td> </tr> <tr> <td>Enforcing This Agreement</td> <td>We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.</td> <td></td> </tr> <tr> <td>Assignment of Account</td> <td>We may assign any or all of our rights and obligations under this Agreement. You may not assign any of your rights or obligations under this Agreement.</td> <td></td> </tr> </table> ARBITRATION This Jury Trial Waiver and Arbitration Clause does not apply to you if you are a Covered Borrower under the Military Lending Act. JURY TRIAL WAIVER AND ARBITRATION CLAUSE By accepting this Agreement, you agree to this Jury Trial Waiver and Arbitration Clause ("Clause"). This Clause is in question and answer form to make it easier to understand. All agreements signed by both parties are legally binding. Under this Clause, you waive the right to have any Dispute heard by a judge and jury and you waive the right to bring or participate in a class action or private attorney general action regarding any Dispute. You may "opt out" of this Clause in the manner set out in the section of the Clause entitled "*is this Clause Required..."* BACKGROUND AND RATIONALE <table> <tr> <th>Question</th> <th>Short Answer</th> <th>Further Detail</th> </tr> <tr> <td>What is arbitration?</td> <td>An alternative to court</td> <td>In arbitration, a third party arbitrator ("TPA") decides Disputes.</td> </tr> <tr> <td>Is it different from court and jury?</td> <td>Yes</td> <td>There is no jury. It may be less formal, faster, and has expensive than a lawsuit. Pre-hearing fact-finding (called "discovery") is limited. Appeals are limited. Courts rarely overturn arbitration awards.</td> </tr> <tr> <td>Is this Clause required?</td> <td>No</td> <td>If you do not want this Clause to apply to Disputes, you must send us a signed notice within 60 calendar days after receipt of this Clause. (See below.) If you do not notify us by this date, this Clause is legally binding. Under this Clause, you waive the right to have any Dispute heard by a judge and jury and you waive the right to bring or participate in a class action or private attorney general action regarding any Dispute. You may "opt out" of this Clause in the manner set out in the section of the Clause entitled "*is this Clause Required..."*</td> </tr> <tr> <td>What is this Clause about?</td> <td>The parties' agreement to arbitrate Disputes</td> <td>You and we, and certain "Related Parties"</td> </tr> <tr> <td>Who does the Clause cover?</td> <td>Us, you, and certain "Related Parties"</td> <td>The Clause governs you and us. It also covers certain "Related Parties". These include: (1) our parent companies; (2) any subsidiary or affiliated companies (such as wireless resellers); and (3) any person or entity that we or our assert is potentially liable for the conduct at issue in a Dispute.</td> </tr> <tr> <td>What Disputes does the Clause cover?</td> <td>All Disputes</td> <td>"Dispute" means any claim, counterclaim, cross-claim, complaint, cross-complaint, controversy, or dispute between you or us arising out of or related to this Agreement, including all claims and/or disputes relating to breach, termination, renewal, modification, or cancellation of this Agreement. Without limiting the generality of the foregoing, the term Dispute shall include any claim, controversy or dispute relate to the formation, interpretation, performance, breach, enforcement, or defense of this Agreement, whether the relief sought is legal or equitable, including claims for compensatory monetary and/or punitive damages, recovery of property, injunctive relief, and/or declaratory relief. Clause also includes any claim, controversy or defense or dispute concerning the formation, existence, validity, enforceability, modification or scope of this Clause.</td> </tr> <tr> <td>Who is the arbitration company?</td> <td>Usually AAA or JAMS</td> <td>The arbitration company will be one of the following: - AAA, 1-800-372-6891, www.jamsadr.org - JAMS, 1-800-352-0287, www.jamsadr.org - AAA or JAMS will select an independent company agreed to by you and us. If all three above options are unavailable, AAA will appoint an arbitration company to administer the arbitration. However, the court may not select an arbitration company if that company's arbitration rules would permit class arbitration contrary to this Clause. This Clause requires AAA or JAMS to select the arbitration company, provided that neither AAA nor JAMS are disqualified from serving as the arbitration company. </td> </tr> <tr> <td>How is the TPA selected?</td> <td>By agreement or by the arbitration company</td> <td>You and us try to agree on the TPA. However, if you and we cannot agree, then the arbitration company will select the TPA.</td> </tr> <tr> <td>Can Disputes be litigated?</td> <td>Sometimes</td> <td>Either party may bring a lawsuit subject to the other party's right to demand arbitration. We will not demand arbitration unless the Dispute involves more than $5,000,000.00. If you want to start a lawsuit instead of arbitration, you must start the lawsuit within 120 days of demand arbitration. However, if such complaint, cross-claim or counterclaim is not brought on an individual only basis or is transferred or removed to federal court, then you lose your right to arbitrate the Dispute according to this Clause.</td> </tr> <tr> <td>Does arbitration involve giving up any rights?</td> <td>No</td> <td>For Disputes subject to this Clause, you give up your right to: 1. Have jury trial and decide the Dispute. 2. Have some other than a written agreement, decide Disputes. 3. Serve as a private attorney general or in a representative capacity. 4. Bring or be a class member in a class action or class arbitration. </td> </tr> <tr> <td>Is a class arbitration permitted?</td> <td>No</td> <td>We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate. The Clause states that we cannot use a class or collective proceeding under any law. For example, we cannot use any state attorney general or representative basis. All Disputes subject to this Clause must be decided in an Individual arbitration or an Individual small-claims action. Any arbitration award on a class basis will be void and shall not be subject to confirmation and no judgment shall enter thereon. </td> </tr> <tr> <td>May a California borrower arbitrate a claim for public injunctive relief under this Clause?</td> <td>Yes</td> <td>This Clause shall not be construed to prevent you from seeking in the arbitration the remedy of public injunctive relief if (a) you reside in California; (b) you resided in California at the time you entered into this Clause, or (c) the billing address for your account was a California address. </td> </tr> <tr> <td>Will borrower actions invalidate this Clause immediately?</td> <td>No</td> <td>This Clause stays in force even if you: (1) close the Account; (2) default, renew, prepay or pay your Account in full; or (3) go into or through bankruptcy. </td> </tr> </table> PROCEDURES <table> <tr> <th>Question</th> <th>Short Answer</th> <th>Further Detail</th> </tr> <tr> <td>What must you or we do before starting a lawsuit or arbitration?</td> <td>Send a written Dispute notice and work to resolve the Dispute</td> <td>Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must include the complaining party's name, address, and contact information and reasonably detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and return receipt) to us at the address listed in this Clause. If you are represented by an attorney, your attorney representing you must sign the notice and must provide a phone number where you (or your attorney) can be reached during normal business hours. The other party must respond in writing within 20 days of receiving the notice. If the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an informal basis. Otherwise, the Dispute may be resolved by either party filing a lawsuit or arbitration or both.</td> </tr> <tr> <td>How does arbitration start?</td> <td>Following the rules of the selected arbitration company</td> <td>In effect at the time the arbitration is commenced. But, arbitration rules that conflict with this Clause do not apply.</td> </tr> <tr> <td>Will any hearing be held before the TPA?</td> <td>Yes</td> <td>Only for bad faith</td> </tr> <tr> <td>What about appeals?</td> <td>Very limited</td> <td>The TPA can require you to pay its fees (and possibly the TPA's and your attorney's fees). If you are prevailed, the TPA cannot recover any fees or interest. The TPA can require you to pay costs. The TPA cannot refuse a motion for more than two such TPIAs appointed by the arbitration company, which will reconsider from the start anything in the initial Award that is agreed upon in a final and binding, except for any FAA appeal right. Any appropriate court may enter Judgment upon the arbitrator's award.</td> </tr> </table> ARBITRATION FEES AND AWARDS <table> <tr> <th>Question</th> <th>Short Answer</th> <th>Further Detail</th> </tr> <tr> <td>How are arbitration fees and awards collected?</td> <td>Usually, we do.</td> <td>Arbitration fees are fees charged by the arbitration company or the TPA. We will pay all filing, administrative, hearing and TPA fees if you cannot get a waiver of such fees, and ask us to pay.</td> </tr> <tr> <td>Who bears arbitration fees?</td> <td>If you win</td> <td>It is unlikely that you will be asked to pay the fees. If you are successful, the other party will pay these fees. You may also pay these amounts if required under applicable law or the arbitration company's rules or if payment is required to enforce this Clause. If we fail to start or do not complete the lawsuit, refund fees you paid.</td> </tr> <tr> <td>Will you ever owe arbitration or attorneys' fees?</td> <td>Only for bad faith</td> <td>The TPA can require you to pay its fees (and possibly the TPA's and your attorney's fees). If you are prevailed, the TPA cannot recover any fees or interest. The TPA can require you to pay costs. The TPA cannot refuse a motion for more than two such TPIAs appointed by the arbitration company, which will reconsider from the start anything in the initial Award that is agreed upon in a final and binding, except for any FAA appeal right. Any appropriate court may enter Judgment upon the arbitrator's award.</td> </tr> <tr> <td>Can a failure to resolve a Dispute result in a larger recovery for you?</td> <td>Yes</td> <td>Not likely. Most Disputes are not resolved by the TPA, but rather by the parties themselves. Arbitrators are not bound and awards are strictly confidential. They may not be used in any proceeding by either party except to justify a minimum recovery of $5,000.</td> </tr> <tr> <td>Can an award be explained?</td> <td>Yes</td> <td>A party may request an explanation from the TPA, within 14 days of the ruling. Upon such request, the TPA will explain the ruling in writing.</td> </tr> </table> YOUR BILLING RIGHTS Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think a charge on your bill is wrong, write to us at: Card Services - Dispute Resolution PO Box 46834 Columbus, GA 31908 In your letter, give us the following information: • Statement Date: The date you received your bill. • Dollar Amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the bill appeared on your statement. • Within 60 days before payment is due on your statement, if you want to avoid paying the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question until the matter is resolved. What Will Happen After We Receive Your Letter? When we receive your letter, we must do two things: • Within 30 days after we receive your letter, we must credit your account within 30 days of receiving your letter. We will also tell you if we have already corrected the error. • Within 90 days of receiving your letter, we must either correct the error or explain why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot deny you service for the amount in question. If you have paid an amount you believe you should not have to pay, your payment should be refunded or a credit issued for the amount. • We will not report the amount in question on your credit report until corrected, unless you request us to do so. If you believe we have made a mistake on your bill, you may need to follow these steps, depending on your state: If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you have the right not to pay the remaining amount due on the purchase. 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. If the product is a car, house, boat, or aircraft, the purchase price must have been more than $1,000. If the product is groceries or services, the purchase price must have been more than $100. 2. You must notify us in writing within 60 days after making the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must send the company your credit card cardholder number, expiration date, and signature. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Card Services - Dispute Resolution PO Box 46834 Columbus, GA 31908 While we investigate, the same rules apply to the disputed amount as discussed above. After we