AMERICAN EXPRESS NATIONAL BANK v. JESSICA WHITENER AKA JESSICA J WHITENER

IN THE DISTRICT COURT IN AND FOR CHEROKEE COUNTY, OKLAHOMA CASE NO. CS-2026-127 DIVISION: AMERICAN EXPRESS NATIONAL BANK, Plaintiff, Vs. JESSICA WHITENER AKA JESSICA J WHITENER Defendant(s) PETITION The Plaintiff, AMERICAN EXPRESS NATIONAL BANK, (hereinafter "Plaintiff") sues the Defendant(s), JESSICA WHITENER AKA JESSICA J WHITENER (hereinafter "Defendant(s)") and says: 1. Plaintiff is a National Bank located in Utah. BREACH OF CONTRACT 2. This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 3. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit A). 4. Plaintiff relies upon the choice of law provision contained in the subject agreement attached hereto as the substantive governing law. 5. A record of the account statement is attached. See Exhibit B. 6. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account. 7. The Defendant(s) owes the Plaintiff $2,431.17. 8. Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). Wherefore, Plaintiff demands judgment in the amount of $2,431.17 against Defendant(s), and court costs to the extent permitted by applicable law. ZWICKER & ASSOCIATES, P.C. CAMILLE EDMISON, ESQ. OKLAHOMA BAR #35350 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 400 WEST CAPITOL AVE SUITE 1700 LITTLE ROCK, AR 72201 (800)397-6589 [email protected] Attorney for Plaintiff EXHIBIT A Cardmember Agreement: Part 1 of 2 As of: 11/24/2010 Blue from American Express Issuer: American Express Centurion Bank Credit Limit: $2,200 (Cash Advance Limit: $400) Cardmember Name: Jessica J Whitener Account Ending In 2000 Rates and Fees Table <table> <tr> <th colspan="2">Interest Rates</th> </tr> <tr> <td>Annual Percentage Rate (APR) for Purchases</td> <td><b>10.24%</b><br>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <td>APR for Balance Transfers</td> <td>10.24% for any balance transfer requests we may accept.<br>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <td>APR for Cash Advances</td> <td><b>25.24%</b><br>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <td>Penalty APR and When it Applies</td> <td><b>27.24%</b><br>This APR will vary with the market based on the Prime Rate.<br>This APR will apply to your account if you:<br>1) make one or more late payments; or<br>2) make a payment that is returned.<br><b>How Long Will the Penalty APR Apply?</b> If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.</td> </tr> <tr> <td>Paying Interest</td> <td>Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date.</td> </tr> <tr> <td>For Credit Card Tips from the Federal Reserve Board</td> <td>To learn more about factors to consider when applying for or using a credit card, visit the website of the Federal Reserve Board at http://www.federalreserve.gov/creditcard.</td> </tr> <tr> <th colspan="2">Fees</th> </tr> <tr> <td>Annual Membership Fee</td> <td>None</td> </tr> <tr> <td>Transaction Fees<br>Balance Transfer<br>Cash Advance<br>Foreign Transaction</td> <td>Either $5 or 3% of the amount of each transfer, whichever is greater.<br>Either $5 or 3% of the amount of each cash advance, whichever is greater.<br>2.7% of each transaction after conversion to US dollars.</td> </tr> <tr> <td>Penalty Fees<br>Late Payment<br>Returned Payment<br>Overlimit</td> <td>Up to $35<br>Up to $35<br>None</td> </tr> <tr> <td colspan="2">How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2.</td> </tr> <tr> <td colspan="2">Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.</td> </tr> </table> How Rates and Fees Work Rates Calculating APRs and DPRs The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. <table> <tr> <th>Rate Description</th> <th>Prime + Margin</th> <th>APR</th> <th>DPR</th> </tr> <tr> <td>Purchase</td> <td>Prime + 6.99%</td> <td>10.24%</td> <td>0.0281%</td> </tr> <tr> <td>Balance Transfer</td> <td>Prime + 6.99%</td> <td>10.24%</td> <td>0.0281%</td> </tr> <tr> <td>Cash Advance</td> <td>Prime + 21.99%</td> <td>25.24%</td> <td>0.0691%</td> </tr> <tr> <td>Penalty</td> <td>Prime + 23.99%</td> <td>27.24%</td> <td>0.0746%</td> </tr> </table> Penalty APR for new transactions The penalty APR applies to new transactions if: you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which it is due, you do not pay at least the Minimum Payment Due by the Payment Due Date 2 times in 12 billing periods, or your payment is returned by your bank. If the Penalty APR applies to a balance, it will apply to charges added to that balance 15 or more days after we send you notice. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed. Penalty APR for existing balances If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may still apply to other balances as described above). Fees We add fees to a purchase balance, unless we tell you otherwise. <table> <tr> <th>Annual Membership</th> <td>This fee is on the Rates and Fees Table on page 1 of Part 1.</td> </tr> <tr> <th>Late Payment</th> <td>Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new transactions and Penalty APR for existing balances above.</td> </tr> <tr> <th>Returned Payment</th> <td>Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transactions above.</td> </tr> <tr> <th>Returned Check</th> <td>$38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount.</td> </tr> <tr> <th>Overlimit</th> <td>None. See Credit limit and cash advance limit in Part 2.</td> </tr> <tr> <th>Statement Copy</th> <td>$5 for each statement you request, except for the 3 most recent billing periods.</td> </tr> <tr> <th>Account Re-opening</th> <td>$25 if your Account is cancelled, you ask us to re-open it, and we do so.</td> </tr> <tr> <th>Balance Transfer</th> <td>3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer.</td> </tr> <tr> <th>Cash Advance</th> <td>3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance.</td> </tr> <tr> <th>Foreign Transaction</th> <td>2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges made in a foreign currency in Part 2.</td> </tr> </table> Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. Cardmember Agreement: Part 2 of 2 Introduction About your Cardmember Agreement This document together with Part 1 make up the Cardmember Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you use the Account (or you sign or keep the card), you agree to the terms of the Agreement. Changing the Agreement We may change this Agreement, subject to applicable law. We may do this in response to the business, legal or competitive environment. We cannot increase the interest rate on existing balances except in limited circumstances. Changes to some terms may require 45 days advance notice, and we will tell you in the notice if you have the right to reject a change. We cannot change certain terms during the first year of your Cardmembership. Words we use in the Agreement We, us, and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for this Account and for whom we opened the Account. You and your also mean anyone who agrees to pay for this Account. You are the Basic Cardmember. You may request a card for an Additional Cardmember (see About Additional Cardmembers in Part 2). Card means any card or other device that we issue to access your Account. A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods or services. A cash advance is a charge to get cash or cash equivalents. A balance transfer is a charge to pay an amount you owe on another credit card account. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. At our discretion, we may permit you to make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You may arrange for certain merchants to charge your Account at regular intervals. We may (but are not required to) tell these merchants about your Account status or changes to your card number or expiration date. You must notify the merchants directly if you want them to stop charging your Account. Keep your card safe and don't let anyone else use it. If your card is lost or stolen or your Account is being used without your permission, contact us right away. You may not use your Account for illegal activities. Promise to pay You promise to pay all charges, including: charges you make, even if you do not present your card or sign for the transaction, charges that other people make if you let them use your Account, and charges that Additional Cardmembers make or permit others to make. Credit limit and cash advance limit We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period. The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default. You agree to manage your Account so that: your Account balance (including fees and interest) is not more than your Credit Limit, and your cash advance balance (including fees and interest) is not more than your Cash Advance Limit. We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we may do this include suspected fraud and our assessment of your creditworthiness. This may occur even if the charge would not cause you to go over your Credit Limit and your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card. About your payments When you must pay You must pay at least the Minimum Payment Due by the Payment Due Date. The Minimum Payment Due and Payment Due Date are shown on each billing statement. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. For your payment to be considered on time, we must receive at least the Minimum Payment Due in such time and manner by the Payment Due Date shown on your billing statement. Each statement also shows a Closing Date. The Closing Date is the last day of the billing period covered by the statement. Each Closing Date is about 30 days after the previous statement's Closing Date. How to make payments Make payments to us in U.S. dollars with: a single check drawn on a U.S. bank, or a single negotiable instrument clearable through the U.S. banking system, for example a money order, or an electronic payment that can be cleared through the U.S. banking system. When making a payment by mail: make a separate payment for each account, mail your payment to the address shown on the payment coupon on your billing statement, and write your Account number on your check or negotiable instrument and include the payment coupon. If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time disclosed in your billing statement. If we receive it after that time, we will credit the payment on the day after we receive it. If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late fees and additional interest charges (see How Rates and Fees Work on page 2 of Part 1). If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us to use a particular rate. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement. How we apply payments and credits Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. If your Account has balances with different interest rates, here is how we generally apply payments in a billing period: We apply your payments, up to the Minimum Payment Due, first to the balance with the lowest interest rate, and then to balances with higher interest rates. After the Minimum Payment Due has been paid, we apply your payments to the balance with the highest interest rate, and then to balances with lower interest rates. In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. About your Minimum Payment Due How we calculate your Minimum Payment Due To calculate the Minimum Payment Due for each statement, we start with the *highest* of the following three amounts: (1) 2% of the New Balance (excluding late fees on the statement); *or* (2) interest charged on the statement plus 1% of the New Balance (excluding late fees and interest on the statement), not to exceed 4% of the New Balance; *or* (3) $15. Then we add late fees on the statement, round to the nearest dollar, and add any amount past due. However, your Minimum Payment Due will not exceed your New Balance. EXAMPLE: Minimum Payment Due Assume that your New Balance is $3,000, interest is $29.57 (see the example on the next page), and you have no late fees or amounts past due. (1) \( 2\% \times \$3,000 = \$60.00 \) (2) \( \$29.57 + 1\% \times (\$3,000 - \$29.57) = \$59.27 \) (3) \$15.00 The highest of the three amounts is \$60.00. So the Minimum Payment Due is \$60.00. Adjusting your Minimum Payment Due If you regularly pay more than the Minimum Payment Due described above, we may adjust it in future billing periods. This may let you make a smaller minimum payment from time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1% of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. ...continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $90 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as described below. However, you cannot avoid paying interest on cash advances and balance transfers. If you pay the New Balance on every statement by the Payment Due Date, we will not charge interest on purchases. If you pay the New Balance on a statement by the Payment Due Date and then you pay less than the New Balance on the following statement by the Payment Due Date, we will not charge interest on the portion of the purchase balance that we apply that payment to. But we will charge interest on unpaid purchases. If you do not pay the New Balance on a statement by the Payment Due Date and then: you pay the New Balance on the next statement by the Payment Due Date, we will not charge interest on purchases from the date of your payment to the Closing Date of the billing period in which you made that payment. But we will charge interest on purchases from the beginning of that billing period until the date of your payment. you pay the New Balance on each of the next two statements by their Payment Due Dates, we will not charge interest on purchases on the following statement. Also, we will not charge interest on purchases on a statement if the Previous Balance on that statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions such as purchases and cash advances may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance. Interest The interest charged for a balance in a billing period, except for variations caused by rounding, equals: Average Daily Balance (ADB) × Daily Periodic Rate (DPR) × number of days the DPR was in effect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. If the daily balance is negative, we treat it as zero. DPR A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 1. EXAMPLE: Calculating Interest Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period. The DPR is 15.99% ÷ 365 days = 0.0438% Interest is $2,250 × 0.0438% × 30 days = $29.57 Daily Balance For each day a DPR is in effect, we figure the daily balance by: taking the beginning balance for the day, adding any new charges, subtracting any payments or credits; and making any appropriate adjustments. We add a new charge to a daily balance as of its transaction date. Beginning balance For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest. When an interest rate changes, the new DPR may come into effect during not just at the beginning of the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get the beginning balance on the first day for this new balance, we multiply the previous day's daily balance by the old DPR and add the result to that day's daily balance. Other methods To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. Determining the Prime Rate We use the Prime Rate from the Money Rates section (or successor section) of The Wall Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing period. The Wall Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. Other important information About Additional Cardmembers At your request, we may issue cards to Additional Cardmembers. They do not have accounts with us but they can use your Account subject to the terms of this Agreement. You are responsible for all use of your Account by Additional Cardmembers and anyone they allow to use your Account. You must pay for all charges they make. You authorize us to give Additional Cardmembers information about your Account and to discuss it with them. If you want to cancel an Additional Cardmember's right to use your Account (and cancel their card) you must tell us. Converting charges made in a foreign currency If you make a charge in a foreign currency, we will convert it into U.S. dollars on the date we or our agents process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us for that date. The rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use. Changing your billing address You must notify us immediately if you change the: mailing address to which we send billing statements; or e-mail address to which we send notice that your billing statement is available online. If you have more than one account, you need to notify us separately for each account. We may update your billing address if we receive information that it has changed or is incorrect. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending your Account We may: cancel your Account, suspend the ability to make charges, cancel or suspend any feature on your Account, and notify merchants that your Account has been cancelled or suspended. If we do any of these, you must still pay us for all charges under the terms of this Agreement. We may do any of these things at our discretion, even if you pay on time and your Account is not in default. If your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after a cancellation. If we do this, we may: reinstate any additional cards issued on your Account, charge you any applicable annual fees, and charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: you violate a provision of this Agreement, you give us false information, you file for bankruptcy, you default under another agreement you have with us or an affiliate, you become incapacitated or die, or we believe you are unable or unwilling to pay your debts when due. If we consider your Account in default, we may: suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your Account balance immediately. Collection costs You agree to pay all reasonable costs, including attorneys fees, that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources. And you agree that we may use such information for any purposes, subject to applicable law. You agree that we may give information about your Account to credit reporting agencies. We may tell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your credit record. If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us your Account number and the specific information you believe is incorrect. Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. We may contact you From time to time, we may contact you about topics ranging from servicing to marketing offers to collecting amounts you owe. We may monitor and record phone calls between you (or any Additional Cardmembers on your Account) and us. We do this to ensure the quality of customer service or when it is required by law. You can choose to not receive marketing offers from us. To do this, call us at 1-800-297-8378 or log on to www.americanexpress.com/communications About insurance products We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf. Our affiliates may get additional compensation when Amex Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about. We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information. How we handle electronic debits from your checking account When you pay us by check, you authorize us to electronically deduct the amount from your bank or other asset account. If we do this, your payment may be deducted from your bank or other asset account on the same day we receive your check. Also, you will not receive that cancelled check with your bank or asset account billing statement. If we cannot collect the funds electronically, we may issue a draft against your bank or other asset account for the amount of the check. ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. Privacy Act of 1974 notice Some federal agencies may accept the card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register. Convenience checks Convenience checks (including balance transfer checks) are checks that we may send you to access your Account. The following terms will apply to use of those checks unless otherwise disclosed with the check. If you use a convenience check, we may decline it. If we decline it, you may have to pay returned check fees or other penalties to whomever you wrote the check. If you use a convenience check and we honor it, we will charge interest beginning as of the date we receive the check. You cannot avoid paying interest on convenience check transactions. We will charge a fee for each convenience check transaction. This fee is 3% of the transaction, with a minimum of $5. This fee is a finance charge. We will add the fee to the same balance that we add the convenience check transaction to. We will charge $29 each time you ask us to stop payment on a convenience check. A convenience check is not a card. You may not use convenience checks to pay this or any other account with us or our affiliates. If you use a convenience check, we will apply the: cash advance APR if you make it payable to cash, to you, or to a bank, brokerage or similar asset account, or to a mortgage or insurance provider. purchase APR if you make it payable to a merchant. balance transfer APR if you use it to transfer a balance from another creditor. penalty APR if it applies to your Account. Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so. We do not waive our rights We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the circumstances and procedures under which claims may be arbitrated instead of litigated in court. Definitions As used in this Arbitration provision, the term claim means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements, except for the validity, enforceability or scope of this Arbitration provision. For purposes of this Arbitration provision, you and us also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of claims. Claim includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Claim also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the card, third parties who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is a party in connection with the claim. The term claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under this Arbitration provision for any claim that you properly file and pursue in a small claims court of your state or municipality so long as the claim is individual and pending only in that court. Initiation of Arbitration Any claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time the claim is filed (code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association (AAA), as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 30 days after you receive notice of our selection. For a copy of the code, to file a claim or for other information, contact either: JAMS (1920 Main St #300, Irvine, CA 92614 or jamsadr.com) or AAA (335 Madison Ave, New York, NY 10017 or adr.org). In addition to the organizations listed above, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration subsection set forth below. Significance of Arbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator's authority to resolve claims is limited to claims between you and us alone, and the arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision of this Agreement (including but not limited to the Continuation subsection below) and without waiving either party's right to appeal such decision, should any portion of this Restrictions on Arbitration subsection be deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) shall not apply. Arbitration Procedures This Arbitration provision is made pursuant to transactions involving interstate commerce and shall be governed by the FAA. The arbitration shall be governed by the applicable code, except that this Agreement shall apply if there are any conflicts. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Any party may request that the arbitrator expand the scope of discovery by doing so in writing and copying any other parties, who shall have 15 days to make objections. The arbitrator will notify the parties of his/her decision within 20 days of any objecting party's submission. The arbitrator shall take reasonable steps to preserve privacy. The arbitrator's award shall be final and binding, except for any right of appeal provided by the FAA; however, either party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. continued on next page... ...continued from previous page The organization will then appoint a three-arbitrator panel which shall consider anew any aspect of the decision objected to by the appealing party. The panel shall issue its decision, by majority vote, within 120 days of the appealing party’s written notice. Judgment upon any award rendered by the arbitrator or panel may be entered in any court having jurisdiction. Location of Arbitration Arbitration hearings you attend shall take place in the federal judicial district of your residence. Payment of Fees You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address that would have had jurisdiction. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of any arbitration fees. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. Continuation This Arbitration provision shall survive termination of your Account; voluntary payment of the Account balance in full by you; any legal proceeding by you or us to collect a debt owed by the other; any bankruptcy by you or us; and any sale by us of your Account (in the case of a sale, its terms shall apply to the buyer of your Account). If any portion of this Arbitration provision, except as otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: American Express PO Box 981535 El Paso TX 79998-1535 In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: American Express PO Box 981535 El Paso TX 79998-1535 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. EXHIBIT B Blue from American Express® JESSICA J WHITENER Closing Date 08/28/22 Account Ending 5003 New Balance $2,431.17 Minimum Payment Due $527.00 Includes the past due amount of $434.17 Payment Due Date 09/22/22 Late Payment Warning: If we do not receive your Minimum Payment Due by the Payment Due Date of 09/22/22, you may have to pay a late fee of up to $40.00 and your APRs may be increased to the Penalty APR of 29.99%. Minimum Payment Warning: If you have a Non-Plan Balance and make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your Non-Plan Balance. For example: <table> <tr> <th>If you make no additional charges and each month you pay...</th> <th>You will pay off the balance shown on this statement in about...</th> <th>And you will pay an estimated total of...</th> </tr> <tr> <td>Only the Minimum Payment Due</td> <td>6 years</td> <td>$3,218</td> </tr> </table> If you would like information about credit counseling services, call 1-888-733-4139. See page 2 for important information about your account. Your account is cancelled. Please refer to the IMPORTANT NOTICES section on page 5. Customer Care: 1-888-258-3741 TTY: Use Relay 711 Website: americanexpress.com Visit www.membershiprewards.com Account Summary <table> <tr> <th></th> <th></th> </tr> <tr> <td>Previous Balance</td> <td>$2,391.17</td> </tr> <tr> <td>Payments/Credits</td> <td>-$0.00</td> </tr> <tr> <td>New Charges</td> <td>+0.00</td> </tr> <tr> <td>Fees</td> <td>+$40.00</td> </tr> <tr> <td>Interest Charged</td> <td>+$0.00</td> </tr> </table> <table> <tr> <th></th> <th></th> </tr> <tr> <td>New Balance</td> <td>$2,431.17</td> </tr> <tr> <td>Minimum Payment Due</td> <td>$527.00</td> </tr> <tr> <td>Credit Limit</td> <td>$2,200.00</td> </tr> <tr> <td>Available Credit</td> <td>$0.00</td> </tr> <tr> <td>Cash Advance Limit</td> <td>$0.00</td> </tr> <tr> <td>Available Cash</td> <td>$0.00</td> </tr> </table> ↓ Please fold on the perforation below, detach and return with your payment ↓ Payment Coupon Do not staple or use paper clips Pay by Computer americanexpress.com/pbc Pay by Phone 1-800-472-9297 Account Ending 5003 Enter 15 digit account # on all payments. Make check payable to American Express. Payment Due Date 09/22/22 New Balance $2,431.17 Minimum Payment Due $527.00 $ ________ • ________ Amount Enclosed JESSICA J WHITENER 8421 22ND AVE S APT 303A BLOOMINGTON MN 55425-1821 See reverse side for instructions on how to update your address, phone number, or email. AMERICAN EXPRESS PO BOX 96001 LOS ANGELES CA 90096-8000 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5 p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement. If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on your Account. Call the Customer Care number on page 3 for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADB and interest results in daily compounding of interest. Paying Interest: Your due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you pay each month your entire balance (or Adjusted Balance if applicable) by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you make a Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.70% of the converted US dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. 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. 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: American Express, PO Box 981535, El Paso TX 79998-1535 You may also contact us on the Web: www.americanexpress.com 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 (or electronically). 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 or electronically at: American Express, PO Box 981535, El Paso TX 79998-1535 www.americanexpress.com 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. Change of Address, phone number, email - Online at www.americanexpress.com/updatecontactinfo - Via mobile device - Voice automated: call the number on the back of your card - For name, company name, and foreign address or phone changes, please call Customer Care Please do not add any written communication or address change on this stub Blue from American Express® JESSICA J WHITENER Closing Date 08/28/22 Customer Care & Billing Inquiries International Collect Cash Advance at ATMs Inquiries Large Print & Braille Statements 1-888-BLUE-741 1-888-258-3741 1-336-393-1111 1-800-CASH-NOW 1-888-BLUE-741 1-888-258-3741 Hearing Impaired Online chat at americanexpress.com or use Relay dial 711 and 1-888-258-3741 Website: americanexpress.com Customer Care & Billing Inquiries P.O. BOX 981535 EL PASO, TX 79998-1535 Payments PO BOX 96001 LOS ANGELES CA 90096-8000 Fees <table> <tr> <th>Date</th> <th>Description</th> <th>Amount</th> </tr> <tr> <td>08/22/22</td> <td>Late Payment Fee</td> <td>$40.00</td> </tr> <tr> <td colspan="2">Total Fees for this Period</td> <td>$40.00</td> </tr> </table> Interest Charged <table> <tr> <th>Total Interest Charged for this Period</th> <th>Amount</th> </tr> <tr> <td></td> <td>$0.00</td> </tr> </table> About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This is called "trailing interest". Trailing interest is the interest charged when, for example, you didn't pay your previous balance in full. When that happens, we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full (or if you have a Plan balance, by paying your Adjusted Balance on your billing statement) by the due date each month. Please see the "When we charge interest" sub-section in your Cardmember Agreement for details. 2022 Fees and Interest Totals Year-to-Date <table> <tr> <th>Total Fees in 2022</th> <th>Amount</th> </tr> <tr> <td></td> <td>$149.00</td> </tr> <tr> <th>Total Interest in 2022</th> <th>Amount</th> </tr> <tr> <td></td> <td>$90.90</td> </tr> </table> Interest Charge Calculation Days in Billing Period: 31 Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th rowspan="2">Transactions Dated</th> <th colspan="2">Annual Percentage Rate</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <th>From</th> <th>To</th> <th></th> <th></th> </tr> <tr> <td>Purchases</td> <td>07/16/2021</td> <td></td> <td>12.49% (v)</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>Cash Advances</td> <td>07/16/2021</td> <td></td> <td>27.49% (v)</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td><b>Total</b></td> <td colspan="3"></td> <td></td> <td><b>$0.00</b></td> </tr> </table> (v) Variable Rate JESSICA J WHITENER Account Ending 5003 EFT Error Resolution Notice In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-2122 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay. You may also write us at American Express, Electronic Funds Services, P.O. Box 981531, El Paso TX 79998-1531, or contact online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.