Portfolio Recovery Associates, LLC v. Robert V Russell

IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, vs. ROBERT V RUSSELL Defendant(s). Case No. CS-24-233 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 XXXXXXXXXXXXX1722. 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 4/09/24, the balance due at time of default is as follows $5,119.64. 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 $5,119.64. 7. The date of the last payment made by the Defendant(s) is September 3, 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), ROBERT V RUSSELL in the amount of $5,119.64, 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 February 2, 2026 Nelson and Kennard, LLP By: [signature] 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 Summary of Account Activity Previous Balance $4,968.79 Payments -$0.00 Other Credits -$0.00 Purchases/Other Debits +$0.00 Fees Charged +$40.00 Interest Charged +$110.85 New Balance $5,119.64 Past Due Amount $1,199.00 Credit Limit $0.00 Available Credit $0.00 Amount Over Credit Limit $1,219.64 Statement Closing Date 04/08/2024 Next Statement Closing Date 05/09/2024 Days in Billing Cycle 31 Payment Information New Balance $5,119.64 Minimum Payment Due $1,402.00 Payment Due Date May 5, 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. 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>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>16 years $11,820</td> </tr> <tr> <td>$206</td> <td>3 years $7,425<br>(Savings = $4,395)</td> </tr> </table> If you would like information about credit counseling services, call 1-877-337-8111 (TTY: 711). Your Minimum Payment Due is $1,402.00. If you paid your non-promotional (revolving) balances and any expiring promotional balances in full on your last statement, you can avoid interest charges on any new non-promotional (revolving) balances and any expiring promotional balances if you pay $5,119.64 by 05/05/24. Otherwise, interest will accrue from your statement closing date until we receive your payment. The "How to Avoid Paying Interest on Purchases" section on page 2 has more information. Please note that if we received your pay-by-phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. TRANSACTIONS <table> <tr> <th>Trans Date</th> <th>Description</th> <th>Reference #</th> <th>Amount</th> </tr> <tr> <td>04/05</td> <td>LATE FEE</td> <td></td> <td>$ 40.00</td> </tr> <tr> <td colspan="3">TOTAL FEES FOR THIS PERIOD</td> <td>$ 40.00</td> </tr> </table> Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases you must pay the New Balance by the payment due date every billing cycle. If you do not, you will not get a grace period until you pay the New Balance for two billing cycles in a row. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an “excluded balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded promotional balance in billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, other than an excluded balance so long as you pay the New Balance less any excluded balance, plus any separately required payment on an excluded balance, in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate interest charges. For Methods C, H and M, we use a daily balance method (including current transactions) to calculate interest charges. For Method L and S, we use an average daily balance method (excluding current transactions) to calculate interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at Customer Service number on Page 1 of your statement. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay by the payment due date, at least the Minimum Payment Due. When Your Payment Will Be Credit. If we receive your mailed payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order made payable to Home Depot Credit Services. Not cash, gift cards, or foreign currency please. • Include your name and the last four digits of your account number. Payment Other Than By Mail. • Online/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. You can also enroll in AutoPay and have your payment amount automatically deducted each month from the payment Account you choose. • In-Store Payments. For your added convenience, payments can be made at The Home Depot stores with no service fee. Any payment in proper form accepted in store will be credited as of that day. However, credit availability may be subject to verification of funds. • Text to Pay (if available). Text “pay” to the Text to Pay number on Page 1 of your statement. To pay via text you must use the cell phone or mobile device number and payment accounts associated with your Account. Text to Pay is not available for debit card payments. Message and data rates may apply. • Phone. Call the Account Inquiries number on Page 1 of your statement to make a payment by phone. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on the date that you indicate on the phone. For AutoPay you also authorize us to automatically debit your specified bank account every month, in the amount and on the same date each month that you indicate on the phone, and you withdraw your authorization. You may cancel a one time phone payment or withdraw your authorization for automatic debits by calling us at the Account Inquiries number on Page 1 of your statement within the timeframe disclosed to you on the phone. • Express Mail. Send payment by express mail or courier to Consumer Payment Dept., 6076 Grade Lane, Building 9, Suite 910, Louisville, KY 40223. • Charging Payments other than by Mail. The payment cutoff time for Online or payments Text to Pay payments, Phone payments, Express Mail, and courier payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount of the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau Dispute Verification, P.O. Box 6497, Sioux Falls, SD 57117. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1. What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement, write to us at the address for billing errors and customer service inquiries shown on Page 1 of your statement. In your letter, give us the following information: 1. Account information: Your name and account number. 2. Dollar amount: The dollar amount of the suspected error. 3. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You must 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, we 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 cannot apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services. 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us at writing at the address for billing errors and customer service inquiries shown on Page 1 of your statement. While we investigate the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. KEY CREDIT TERMS NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS* on purchases of $299 or more. Interest will be charged to your account from the purchase date if the purchase balance (including premiums for optional credit insurance) is not paid in full within 6 months. With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. APR: 17.99% - 29.99%. Minimum interest charge: $2. See card agreement for details including APR applicable to you. Offer valid for consumer accounts in good standing; 6 months everyday credit offer is subject to change without notice; see store for details. A-HD·9196-0400-0005·B-00·000·29A-N-C/-E-0-X-25-/DG-P-B.-0-N-IE:7-. -N-·0·O-FL-0109/24-08/0122-20·March 8, 2024 -G/H-·•-H-·HHKB-·I-·-O-D--•/-J/·---E403M·- Page 2 of 4 Easily manage your contact information It's important we have your current contact information, so if anything changes (including your email or mailing address or phone number), please do one of the following to easily update your information: • You can update your contact information by logging into your online account via the URL located in the Customer Service section on the front of your statement, or • Call the Account Inquiries phone number located in the Customer Service section on the front of your statement Account number ending in 1722 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 04/08 INTEREST CHARGE ON PURCHASES $ 110.85 TOTAL INTEREST FOR THIS PERIOD D $ 110.85 2024 Totals Total Fees Charged in 2024 $160.00 Total Interest Charged in 2024 $417.35 ACTIVITY AND PROMOTIONS DETAIL <table> <tr> <th>Original Promotion Trans Amount</th> <th>Promotion Trans Date</th> <th>Previous Balance</th> <th>Payments & Other Credits</th> <th>Purchases, Fees & Other Debits</th> <th>Interest Charged</th> <th>New Balance</th> <th>Promotion Minimum Payment Due</th> <th>Deferred Interest Charges</th> <th>Promotion Expiration Date</th> </tr> <tr> <td colspan="9">PURCHASES</td> </tr> <tr> <td></td> <td></td> <td>$4,968.79</td> <td>$40.00</td> <td>$40.00</td> <td>$110.85</td> <td>$5,119.64</td> <td>$0.00</td> <td>$0.00</td> <td></td> </tr> <tr> <th>TOTAL</th> <td></td> <td>$4,968.79</td> <td>$0.00</td> <td>$40.00</td> <td>$110.85</td> <td>$5,119.64</td> <td>$0.00</td> <td>$0.00</td> <td></td> </tr> </table> INTEREST CHARGE CALCULATION <table> <tr> <th>Type of Balance</th> <th>Your Annual Percentage Rate (APR)</th> <th colspan="2">Balance Subject to Interest Rate</th> <th>Interest Charge</th> </tr> <tr> <td>PURCHASES</td> <td>25.99% (M)</td> <td>$5,022.22</td> <td></td> <td>$110.85</td> </tr> </table> THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 2 BILL OF SALE AND ASSIGNMENT December 2021 THD Fresh Flow Accounts THIS BILL OF SALE AND ASSIGNMENT dated May 23, 2024, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Portfolio Recovery Associates, LLC ("Buyer"), organized under the laws of the State of Delaware, with its headquarters/principal place of business at 120 Corporate Boulevard, Norfolk, VA 23502. ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated July 31, 2023 and Addendum No. 5 dated July 31, 2023, between Buyer and the Bank as amended, restated, or otherwise modified from time to time (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file and identified as PRA-THD-Fresh-Flow-0524. Citibank, N.A. By: [Signature] Name: Brandy Reardon Title: Authorized Party Portfolio Recovery Associates, LLC By: [Signature] Name Leigh Bates Title: Senior Vice President Exhibit 1 Asset Schedule The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. <table> <tr> <th>Lot</th> <th>Sale ID</th> <th># of Accounts</th> <th>Sale Balance</th> <th>Cut-Off Date</th> </tr> <tr> <td>THD Fresh Flow</td> <td>051424PR1TH1FM</td> <td></td> <td></td> <td>5/14/2024</td> </tr> </table> <table> <tr> <th>ACCOUNT NUMBER</th> <td>************1722</td> </tr> <tr> <th>PRIOR ACCOUNT NUMBER 1</th> <td>************0000</td> </tr> <tr> <th>PRIOR ACCOUNT NUMBER 2</th> <td>************0000</td> </tr> <tr> <th>PRIOR ACCOUNT NUMBER 3</th> <td></td> </tr> <tr> <th>PRIOR ACCOUNT NUMBER 4</th> <td></td> </tr> <tr> <th>PRIOR ACCOUNT NUMBER 5</th> <td></td> </tr> <tr> <th>DM9 ACCOUNT NUMBER</th> <td>************1722</td> </tr> <tr> <th>CU ACCOUNT NUMBER</th> <td>************1722</td> </tr> <tr> <th>CROSS NUMBER 1</th> <td>************0000</td> </tr> <tr> <th>CROSS NUMBER 2</th> <td>************0000</td> </tr> <tr> <th>CROSS NUMBER 3</th> <td>************0000</td> </tr> <tr> <th>CONSUMER FIRST AND MIDDLE NAME</th> <td>ROBERT V</td> </tr> <tr> <th>CONSUMER LAST NAME</th> <td>RUSSELL</td> </tr> <tr> <th>CONSUMER SSN OR SIN</th> <td>******************</td> </tr> <tr> <th>CONSUMER BIRTH DATE</th> <td>**/**/1973</td> </tr> <tr> <th>CONSUMER RESIDENCE ADDRESS 1</th> <td>5040 MALLARD DR</td> </tr> <tr> <th>CONSUMER RESIDENCE ADDRESS 2</th> <td></td> </tr> <tr> <th>CONSUMER RESIDENCE CITY</th> <td>DURANT</td> </tr> <tr> <th>CONSUMER STATE</th> <td>OK</td> </tr> <tr> <th>CONSUMER ZIP CODE</th> <td>747011055</td> </tr> <tr> <th>CONSUMER RESIDENCE COUNTRY</th> <td></td> </tr> <tr> <th>CONSUMER RESIDENCE PHONE</th> <td>********************</td> </tr> <tr> <th>BAD NUMBER INDICATOR</th> <td>B</td> </tr> <tr> <th>AWARENESS INDICATOR</th> <td>*****************</td> </tr> <tr> <th>LANGUAGE INDICATOR</th> <td>EN</td> </tr> <tr> <th>EMAIL ADDRESS</th> <td>*****************</td> </tr> <tr> <th>EMAIL CONSENT</th> <td>Y</td> </tr> <tr> <th>E-STATEMENT INDICATOR</th> <td>B</td> </tr> <tr> <th>CO-BORROWER FIRST AND MIDDLE NAME</th> <td></td> </tr> <tr> <th>CO-BORROWER LAST NAME</th> <td></td> </tr> <tr> <th>CO-BORROWER SSN OR SIN</th> <td></td> </tr> <tr> <th>SALE AMOUNT</th> <td>5119.64</td> </tr> <tr> <th>PRINCIPAL</th> <td>3670.55</td> </tr> <tr> <th>PRE CHARGE OFF INTEREST</th> <td>1089.09</td> </tr> </table> <table> <tr> <th>PRE CHARGE OFF FEES</th> <td>360.00</td> </tr> <tr> <th>POST CHARGE OFF INTEREST</th> <td>0.00</td> </tr> <tr> <th>POST CHARGE OFF FEES</th> <td>0.00</td> </tr> <tr> <th>ORIGINAL LOAN BALANCE</th> <td></td> </tr> <tr> <th>CHARGE OFF BALANCE</th> <td>5119.64</td> </tr> <tr> <th>CURRENT BALANCE</th> <td>5119.64</td> </tr> <tr> <th>ACCOUNT OPEN DATE</th> <td>Aug 8 2022 12:00AM</td> </tr> <tr> <th>DEFAULT DATE</th> <td>Oct 6 2023 12:00AM</td> </tr> <tr> <th>CHARGE OFF DATE</th> <td>Apr 9 2024 12:00AM</td> </tr> <tr> <th>LAST PAYMENT AMOUNT</th> <td>123.00</td> </tr> <tr> <th>LAST PAYMENT DATE</th> <td>Sep 3 2023 12:00AM</td> </tr> <tr> <th>LAST PURCHASE AMOUNT</th> <td>156.11</td> </tr> <tr> <th>LAST PURCHASE DATE</th> <td>May 9 2023 12:00AM</td> </tr> <tr> <th>LAST BALANCE TRANSFER AMOUNT</th> <td></td> </tr> <tr> <th>LAST BALANCE TRANSFER DATE</th> <td></td> </tr> <tr> <th>LAST CASH ADVANCE AMOUNT</th> <td></td> </tr> <tr> <th>LAST CASH ADVANCE DATE</th> <td></td> </tr> <tr> <th>TOTAL PAYMENTS POST CHARGE OFF</th> <td>0.00</td> </tr> <tr> <th>TOTAL NSF POST CHARGE OFF</th> <td>0.00</td> </tr> <tr> <th>TOTAL CREDITS POST CHARGE OFF</th> <td>0.00</td> </tr> <tr> <th>BKT6_INT_AMT</th> <td></td> </tr> <tr> <th>LAST_GOOD_PAYMENT_DATE</th> <td>Sep 3 2023 12:00AM</td> </tr> <tr> <th>LAST_GOOD_PAYMENT_AMT</th> <td>123.00</td> </tr> <tr> <th>SALE SEGMENT</th> <td>THD</td> </tr> <tr> <th>PRODUCT IDENTIFIER CODE</th> <td>91960400</td> </tr> <tr> <th>PRODUCT DESCRIPTION</th> <td>The Home Depot Consumer Credit Card</td> </tr> <tr> <th>STORECARD_INDICATOR</th> <td>Y</td> </tr> <tr> <th>SALE_ID</th> <td>051424PR1TH1FM</td> </tr> <tr> <th>LENDING LEVEL 1</th> <td>CPLR</td> </tr> <tr> <th>LENDING LEVEL 2</th> <td>THD</td> </tr> <tr> <th>ATTORNEY LAW FIRM</th> <td></td> </tr> <tr> <th>ATTORNEY NAME</th> <td></td> </tr> <tr> <th>ATTORNEY PHONE</th> <td></td> </tr> <tr> <th>ATTORNEY ADDRESS</th> <td></td> </tr> <tr> <th>ATTORNEY CITY</th> <td></td> </tr> <tr> <th>ATTORNEY STATE</th> <td></td> </tr> <tr> <th>ATTORNEY ZIP CODE</th> <td></td> </tr> </table> <table> <tr> <th>DEBT MANAGER ADDRESS</th> <td>*****************</td> </tr> <tr> <th>DEBT MANAGER EMAIL1 CONSENT</th> <td></td> </tr> <tr> <th>DEBT MANAGER EMAIL1 USABILITY</th> <td>Y</td> </tr> <tr> <th>DEBT MANAGER EMAIL2 ADDRESS</th> <td></td> </tr> <tr> <th>DEBT MANAGER EMAIL2 CONSENT</th> <td></td> </tr> <tr> <th>DEBT MANAGER EMAIL2 USABILITY</th> <td></td> </tr> <tr> <th>DSA NAME</th> <td></td> </tr> <tr> <th>DSA ADDRESS 1</th> <td></td> </tr> <tr> <th>DSA ADDRESS 2</th> <td></td> </tr> <tr> <th>DSA CITY</th> <td></td> </tr> <tr> <th>DSA STATE</th> <td></td> </tr> <tr> <th>DSA ZIP CODE</th> <td></td> </tr> <tr> <th>DSA OFFICE PHONE</th> <td></td> </tr> <tr> <th>DSA EMAIL</th> <td></td> </tr> <tr> <th>BANKRUPTCY CHAPTER</th> <td></td> </tr> <tr> <th>BANKRUPTCY FILE DATE</th> <td></td> </tr> <tr> <th>BK PROOF OF CLAIM PRINCIPAL</th> <td></td> </tr> <tr> <th>BK PROOF OF CLAIM INTEREST</th> <td></td> </tr> <tr> <th>BK PROOF OF CLAIM FEE</th> <td></td> </tr> <tr> <th>BANKRUPTCY CASE NUMBER</th> <td></td> </tr> <tr> <th>BANKRUPTCY TRUSTEE</th> <td></td> </tr> </table> EXHIBIT 3 Card Agreement This Card Agreement is your contract with us. The enclosed Facts About Interest and Fees ("Fact Sheet") is part of this Agreement. Please read this Agreement, including the Fact Sheet, carefully. Keep them for your records. Definitions account means the relationship established between you and us by this Agreement. APR means an annual percentage rate. authorized user means any person you allow to use your account. card means one or more cards or other access devices that we give You to get credit under this Agreement. This includes account numbers. we, us, and our mean Citibank, N.A., the issuer of your account. Citibank, N.A. is located in Sioux Falls, SD. you, your, and yours mean the person who applied to open the account. It also means any other person responsible for complying with this Agreement. Your Account You agree to use your account in accordance with this Agreement. You must pay us for all amounts due on your account. This Agreement is binding on you unless you close your account within 30 days after receiving the card and you have not used or authorized use of the card. Your account must only be used for lawful transactions. Authorized Users. You may request additional cards for unauthorized users. You must pay us for all charges made by authorized users. You must pay us even if you did not intend to be responsible for those charges. You must notify us to withdraw any permission you give to an authorized user to use your account. Joint Accounts. If this is a joint account, each of you is responsible individually and together for all amounts owed. Each of you is responsible even if the account is used by only one of you. You will continue to be liable for the entire balance of the account, even if your co-applicant is ordered by a court to pay us. You will remain liable to us if your co-applicant fails to pay as ordered by the court. Your account status will continue to be reported to the credit bureau under each of your names. The delivery of notices or billing statements to either of you serves as delivery to each of you. We may rely on instructions given by either of you. We are not liable to either of you for relying upon such instructions. Credit Limit. The full amount of your credit limit is available to use where the card is honored. We may reduce or increase your credit limit at any time for any reason as permitted by law. We will notify you of any change, but the change may take effect before you receive the notice. You should always keep your total balance below the credit limit. However, if the total balance goes over your credit limit, you still must pay us. If your account has a credit balance, we may reduce the credit balance by any new charges on your account. You may not maintain a credit balance in excess of your credit limit. Billing Statement. Your billing statement shows the New Balance. This is the total amount you owe us on the Statement Closing Date. To determine the New Balance, we begin with the total balance at the start of the billing cycle. We add any purchases. We subtract any credits or payments. We then add any interest charges or fees and make other adjustments. Your billing statement also shows your transactions; the Minimum Payment Due and payment due date; your credit limit; and your interest charges and fees. On the billing statement, a regular purchase balance will appear under the heading "regular revolve credit plan." Account APRs. For the APRs on your account, see the Fact Sheet. Effect of APR Increases. If an APR increases, interest charges increase. Your minimum payment may increase as well. Promotions We may offer promotional terms for all or a part of any balances. Any promotional terms may apply for a limited period of time. They will be governed by the terms of the promotional offer and this Agreement. Your promotional terms will end when the promotional period expires or, to the extent permitted by law, if you make a late payment. The promotional offer will tell you if we require a separate minimum payment on the promotional balance. If a promotional offer is a deferred interest offer, no interest charges will be imposed on the deferred interest balance if you pay the balance in full by the end of the promotional period for that deferred interest balance. We will impose interest charges on the deferred interest balance at the APR for regular purchases from the date of purchase if you do not pay the balance in full by the end of the promotional period. Interest Charges Based on APRs Interest Charges. We impose interest charges when we apply APRs to your account balances. We do this every day by using a daily periodic rate. To get a daily periodic rate, we divide the APR by 365. When Interest Charges Begin. We begin to impose interest charges the first day we add a charge to a daily balance. The charges we add to a daily balance include purchases, interest charges and fees. We continue to impose interest charges until we credit your account with full payment of the total amount you owe us. Grace Period on Purchases. You can avoid interest charges on purchases. This is called a grace period on purchases. The grace period is at least 25 days. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. If you do not, you will not get a grace period until you pay the New Balance for two billing cycles in a row. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an "excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded promotional balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. How ever, you will continue to get a grace period on purchases, other than an excluded balance so long as you pay the New Balance less any excluded balance, plus any separately required payment on an excluded balance, in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens Calculation of Interest Charges - Daily Balance Method (Including Current Transactions). We calculate interest charges each billing cycle. To do this: • We start with each of your different balances. These balances include, for example, regular balances. (When we calculate interest charges, we treat each deferred interest transaction separately even if it has the same terms as another deferred interest transaction.) • We calculate the daily balance for each of your different balances. To get a daily balance, we start with the balance as of the end of the previous day. We add any interest charge on the previous day's balance. (This results in daily compounding of interest charges.) We add any new charges. We then subtract any new credits or payments. • We multiply each daily balance by the daily periodic rate that applies to it. We do this for each day in the billing cycle. This gives us the daily interest charges for each of your different balances. • We add up all the daily interest charges. The sum is the total interest charge for the billing cycle. Payments Minimum Payment Due. You must pay at least the Minimum Payment Due by the payment due date for each billing cycle. The sooner you pay the New Balance, the less you will pay in interest charges. The Fact Sheet shows the minimum payment calculation method that applies to your account. Application of Payments. Payments in excess of the Minimum Payment Due are applied in accordance w ith law. This means that we will generally apply payments in excess of the Minimum Payment Due to higher APR balances first. How ever, excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance first in the last two billing cycles of the promotional period. Payments equal to or less than the Minimum Payment Due and credits are applied at our discretion in a way that is most favorable or convenient for us. This may include applying such payments and credits to lower APR balances first. Payment Instructions. We credit your payments in accordance with our payment instructions on the billing statement. You must pay us in U.S. dollars. To do so, you must use a check, similar instrument, or electronic debit that is drawn on and honored by a bank in the U.S. Do not send cash. We can accept late or partial payments, or payments that reflect "paid in full" or other restrictive endorsements, without losing our rights. We also reserve the right to accept payments made in foreign currency and instruments drawn on funds on deposit outside the U.S. If we do, we select the currency conversion rate. We will then credit your account in U.S. dollars after deducting any costs incurred in processing your payment. Or we may bill you separately for these costs. Optional Pay by Phone Service. You may use our optional Pay by Phone Service to make your payment by phone. To do so, call us to request the service. You agree to pay us the Pay by Phone fee shown in the Pay by Phone section on the back of the billing statement when a representative of ours helps expedite your payment. Our representatives are trained to tell you this amount when you use this service. Default You default under this Agreement if you fail to pay the Minimum Payment Due by its due date; go over your credit limit; pay by a check or similar instrument that is not honored or that we must return because it cannot be processed; pay by electronic debit that is returned unpaid; file for bankruptcy; or fail to comply with the terms of this Agreement. If you default, we may close your account and, to the extent permitted by law, demand immediate payment of the total balance. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. Credit Reporting We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may report account information in your name and the names of authorized users. We may also obtain follow-up credit reports on you. If you think we reported incorrect information to a credit bureau, write us at the Customer Service address on the billing statement. We will investigate the matter. We will then tell you if we agree or disagree with you. If we agree with you, we will contact each credit bureau to which we reported and request a correction. If we disagree with you, we will tell you that. Information Sharing You authorize us to share information about you as permitted by law. This includes information we get from you and others. It also includes information about your transactions with us. Please see our Privacy Notice for details about our information sharing practices. Changes to this Agreement We may change the rates, fees, and terms of this Agreement from time to time as permitted by law. The changes may add, replace, or remove provisions of this Agreement. We will give you advance written notice of the changes and a right to opt out to the extent required by law. also close your account or suspend account privileges at any time for any reason. We may do this without prior notice to you. We may also reissue a different card at any time. You must return any card to us upon request. Refusal of the Card, Closed Accounts, and Related Provisions BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your account, a previous related account or our relationship (called "Claims"). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they're based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, authorized user, employee, agent, representative or an affiliated/parent/subsidiary company Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. How ever, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration shall be conducted by the American Arbitration Association ("AAA") according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. You can obtain copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7679. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending law suit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court law suit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. • The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. • The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute. Paying for arbitration fees • We will pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other expenses unless the arbitrator awards such fees or expenses to you or us based on applicable law. The final award • Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. The arbitration appeal shall be determined by a panel of 3 arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law. Survival and Severability of Terms This arbitration provision shall survive changes in this Agreement and termination of the account or the relationship between you and us, including the bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us. Governing Law and Enforcing our Rights Governing Law. Federal law and the law of South Dakota, where we are located, govern the terms and enforcement of this Agreement. Enforcing this Agreement. We will not lose our rights under this Agreement because we delay in enforcing them or fail to enforce them. Collection Costs. To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action. Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party. For Further Information Call us toll-free for further information. Call the toll-free Customer Service telephone number shown on the billing statement or on the back of your card. You can also call local or toll-free Directory Assistance to get our telephone number. 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 the address for billing inquiries and correspondence shown on the front of your statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement showing the address for billing inquiries and correspondence shown on the front of your statement. While we investigate the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing inquiries and correspondence shown on the front of your statement. ©2020 Citibank N.A. (form code = EA-THDP-0120) Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you Fact Sheet Pricing Information Table <table> <tr> <th colspan="2">Interest Rates and Interest Charges</th> </tr> <tr> <td>Annual Percentage Rate (APR) for Purchases</td> <td>25.99%</td> </tr> <tr> <td>Paying Interest</td> <td>Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.</td> </tr> <tr> <td>Minimum Interest Charge</td> <td>If you are charged interest, the charge will be no less than $2.00.</td> </tr> <tr> <td>How We Calculate Your Balance</td> <td>Daily Balance (including current transactions)</td> </tr> </table> <table> <tr> <th colspan="2">Fees</th> </tr> <tr> <td>Annual Fee</td> <td>None</td> </tr> <tr> <td>Penalty Fees<br>• Late Payment</td> <td>The fee will be $29; or $40 for any additional past due payment during the next six billing cycles after a past due payment. However, the fee will not exceed the amount permitted by law.</td> </tr> </table> <table> <tr> <th>Details About Your Interest Rates and Interest Calculations</th> <th>Periodic Rate as of 02/01/2020</th> <th>For variable rates: U.S. Prime Rate Plus</th> </tr> <tr> <td>Regular Purchases</td> <td>0.07120% (D)</td> <td>N/A</td> </tr> </table> (D) = Daily periodic rate. A daily periodic rate is the APR divided by 365. Effect of APR Increases. If an APR increases, interest charges increase. Your minimum payment may increase as well. Daily Balance (including current transactions). We calculate the daily balance for each of your different balances. To get a daily balance, we take the balance at the end of the previous day, add the interest on the previous day's balance and new charges, and subtract new credits or payments. We figure the interest charge by multiplying the daily balance by its daily periodic rate each day in the billing cycle. We then add up all the daily interest charges and the total is the interest charge for the billing cycle. Variable Terms Information Minimum Payment Due. You must pay at least the Minimum Payment Due by the payment due date each billing cycle. The sooner you pay the New Balance, the less you will pay in interest charges. We calculate the Minimum Payment Due as follows. We begin with any past due amount. We add any amount specified in a promotional offer. We add any amount required by the Promotion Calculation. We also add the largest of the following: • The Calculated New Balance if it is less than $29; • $29 if the Calculated New Balance is at least $29; or • 1% of the Calculated New Balance plus the amount of your billed interest charges on that balance, any minimum interest charge allocated to that balance, and any applicable late fee. (The result is rounded up to the nearest dollar.) However, we subtract interest charges that accrued during prior billing cycles on a deferred interest balance that ended during the billing cycle covered by the statement. The Calculated New Balance equals the New Balance on the billing statement less balances subject to the Promotion Calculation and less any balances subject to either of two types of promotional terms. The first type are terms that do not require a minimum payment. The second type are terms that require an additional amount as part of the Minimum Payment Due. If you have a deferred interest transaction balance subject to the Promotion Calculation, the Promotion Calculation will equal 1% of this balance during the promotion period. (The result is rounded up to the nearest cent.) After the promotion period, any such remaining promotional balance will be included in the Calculated New Balance. The Promotion Calculation will apply if, based on the amount of the transaction as shown on the first statement that displays the transaction and the dollar amount in the Minimum Payment Due calculation in effect at the time of the transaction, we determined that paying such dollar amount each billing cycle would result in repayment of the promotional balance before the end of the promotion period. The Minimum Payment Due may reflect adjustments to the New Balance. The Minimum Payment Due is never more than the Calculated New Balance plus two amounts. The first is any amount required by a promotional offer. The second is any amount required by the Promotion Calculation.