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SEMINOLE COUNTY • CJ-2025-00029

American Express National Bank v. Atul Vaidya AKA Atul V Vaidya

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s cut straight to the chase: a man took out a $25,000 personal loan from American Express, didn’t pay it back, and now the bank is suing him for $23,319.41—and somehow, that’s the least dramatic part of this story. Welcome to CrazyCivilCourt, where the stakes are low, the paperwork is endless, and the real crime is not reading the fine print.

Meet Atul Vaidya—full name, full middle initial, full Oklahoma resident, full adult who definitely should’ve known better. He’s not a celebrity, not a politician, not even a TikTok drama queen. He’s just a guy who, at some point in early 2024, thought, “You know what I need? A personal loan with a 13.97% interest rate from a credit card company.” And not just any credit card company—American Express, the same folks who used to mail you gold cards like they were participation trophies. But this isn’t a rewards card. No points. No lounge access. Just cold, hard cash and a 36-page loan agreement that reads like a legal version of Fight Club: the first rule is you don’t talk about the arbitration clause, and the second rule is you definitely don’t miss a payment.

The deal was simple on paper: Amex loans Atul $25,000. He pays it back over three years in 36 monthly installments—35 of them at $854.32, and one slightly smaller final payment of $844.24. Total cost? $30,745.44. That extra $5,745? That’s the “privilege” of borrowing someone else’s money, also known as the finance charge. Classic. The first payment was due July 16, 2024. The last? June 16, 2027. Easy schedule. Set it and forget it, right?

Spoiler: he forgot it. Or ignored it. Or maybe his dog ate the payment reminder. Whatever the reason, by February 2025, Atul hadn’t paid a dime. His account was past due. His outstanding balance? $23,319.41—almost the full amount, minus a few dollars in hypothetical payments that never materialized. The January 22, 2025 invoice shows zero payments, zero credits, zero effort. Just a big red “Your Loan Account is past due” staring back at him like a disappointed parent.

So what happened? Did Atul lose his job? Was there a medical emergency? Did he blow the money on a solid gold toilet? The filing doesn’t say. And honestly, it doesn’t matter. Because in the world of debt collection, intent is irrelevant. The only thing that matters is the breach. And Atul breached. Hard.

American Express, being the polite but firm creditor they are, followed the script. They sent notices. They waited. They “accelerated the full balance due,” meaning they said, “Forget monthly payments—you owe us everything, now.” When that didn’t work, they handed the file to Zwicker & Associates, P.C., a law firm that, according to their letterhead, specializes in “debt collection.” (Yes, that’s their tagline. No shame. Just business.) And on February 25, 2025, they filed a petition in Seminole County, Oklahoma—because that’s where Atul lives, and that’s where you sue someone when you want to collect.

The legal claim? Breach of contract. Specifically, breach of the loan agreement. That’s it. No fraud. No theft. Just a broken promise to pay. The kind of case that makes up 80% of civil court dockets and 100% of “I thought I could get away with it” regrets. American Express isn’t asking for punitive damages. They’re not demanding his firstborn. They just want their $23,319.41 back, plus court costs. And honestly? That number isn’t even outrageous. For a $25,000 loan that’s barely a year old, $23k is basically the principal. They haven’t even tacked on a mountain of late fees—yet. The invoice shows no late fees for that period, probably because they’re waiting to pile them on until after the judgment.

Now, here’s the real kicker: buried in the loan agreement is a mandatory arbitration clause—a legal trapdoor that says, “If you sue us, you can’t go to court. You have to go to arbitration, alone, no class action, no jury, no drama.” But get this: American Express is the one suing Atul. And guess what? The arbitration clause doesn’t apply to them. It only applies to you, the borrower, if you want to sue them. It’s like a one-way legal force field. They can come after you in court all day, but if you try to fight back? “Sorry, pal. Sign here for JAMS mediation.”

Is that fair? Legally? Probably. Morally? Eh. But again—Atul didn’t pay. He signed a 36-page contract that said he would. He even got a Truth in Lending Disclosure Statement that spelled out exactly how much he’d owe, when, and at what rate. He could’ve prepaid it anytime without penalty. He could’ve called customer service. He could’ve declared bankruptcy. But he did none of those things. He just… vanished. Financially, at least.

So what’s our take? The most absurd part isn’t the lawsuit. It’s not even the arbitration clause. It’s that people still act surprised when debt collectors come knocking. This isn’t a scam. It’s not a predatory loan with a 999% interest rate. It’s a standard personal loan from a major bank, with terms that are, if anything, generous compared to payday lenders or credit card cash advances. Atul got the money. The bank has the contract. And now, the court will likely have the final say.

Do we root for the little guy? Sure. But the little guy here had a chance to do the right thing. He had reminders. He had options. He had a whole invoice with a QR code and a customer service number. Instead, he chose silence. And in the world of civil court, silence doesn’t mean “I’m innocent.” It means “I’m in default.”

So here’s the moral of the story: if you borrow money, pay it back. If you can’t, call someone. If you ignore it? Well, enjoy your day in court, Atul. The clerk’s already stamped the file. And Zwicker & Associates? They’ve got a whole firm full of lawyers who do nothing but cases like this. You’re not special. You’re just behind on your payments.

And in Oklahoma, that’s enough.

Case Overview

$23,319 Demand Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$23,319 Monetary
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 breach of loan agreement defaulted personal loan

Petition Text

10,227 words
IN THE DISTRICT COURT IN AND FOR SEMINOLE COUNTY, OKLAHOMA CASE NO. CJ-2025-29 DIVISION: SEMINOLE COUNTY, OKLAHOMA FILED IN THE DISTRICT COURT FEB 25 2025 ALISON S. TINSLEY, COURT CLERK BY DEPUTY AMERICAN EXPRESS NATIONAL BANK, Plaintiff Vs. ATUL VAIDYA AKA ATUL V VAIDYA Defendant(s) PETITION Plaintiff, AMERICAN EXPRESS NATIONAL BANK, by and through its attorneys, Zwicker & Associates, P.C., for its Complaint against ATUL VAIDYA AKA ATUL V VAIDYA ("Defendant(s)"), states as follows: 1. Plaintiff is a National Bank located in Utah. 2. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this Court to maintain jurisdiction and venue of Plaintiff's claims. 3. Defendant(s) entered into a loan agreement (hereafter referred to as "Agreement"). True and exact copies of the loan documents are attached hereto and marked Exhibit A. 4 Plaintiff relies upon the choice of law provision contained in the subject agreement attached hereto as the substantive governing law. 5. Funds were disbursed pursuant to the terms of the Agreement or as requested by Defendant(s). 6. Defendant(s) defaulted on the terms of the Agreement when Defendant(s) failed to make payments pursuant to the terms of the Agreement. 7. As a result of the default by Defendant(s), Plaintiff has accelerated the full balance due and owing pursuant to the terms of the Agreement. 8. Demand was made upon Defendant(s). 9. As of today's date, Defendant(s) has/have failed to pay Plaintiff pursuant to the terms of the Agreement. 10. As Defendant(s) have materially breached the terms of the Agreement, the balance due and owing to Plaintiff after deducting all just and lawful offsets, payment, and credits is the sum of $23,319.41. Account statement records or balance history records substantiating the balance due are attached hereto and marked Exhibit B. 11. 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 $23,319.41 against Defendant(s), and court costs to the extent permitted by applicable law. Respectfully submitted, Zwicker & Associates, P.C. By: __________________________ MICAMILLE 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 ಶ್ರೀ Truth In Lending Disclosure Statement Lender: American Express National Bank 115 W. Towne Ridge Parkway Sandy, UT 84070 Borrower: ATUL V VAIDYA Loan Account Number: [REDACTED] 1008 All numerical disclosures except the Late Payment Fee disclosure are estimates and subject to change. See your Loan Agreement for more details. ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate 13.97% FINANCE CHARGE The dollar amount the credit will cost you $5,745.44 Amount Financed The amount of credit provided to you or on your behalf $25,000.00 Total of Payments The amount you will have paid when you have made all scheduled payments $30,745.44 <table> <tr> <th>Number of Scheduled Payments</th> <th>Amount</th> <th>When payments are due</th> </tr> <tr> <td>35</td> <td>$854.32</td> <td>Your first payment is due on 07/16/2024 and then monthly thereafter. Payments are due on the same date each month.</td> </tr> <tr> <td>1</td> <td>$844.24</td> <td>Your last payment is due on 06/16/2027.</td> </tr> </table> Late Payment Fee Late Payment Fee is $39. If a payment is late, you will be charged $39. Prepayment If you pay off your loan early, you will not have to pay a penalty and you may be entitled to a refund of part of the finance charge. See your Loan Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds. Itemization of the Amount Financed Itemization of the Amount Financed of $25,000.00 $0.00 Amount paid to others by American Express National Bank on your behalf $25,000.00 Amount given to you directly $ 0 Prepaid finance charge Interest Rate Calculation Your interest rate for this loan is 13.99%. This rate is based on your creditworthiness and other factors at the time of pre-approval and will remain fixed for the term of your loan. Interest will not be charged on your first Loan Invoice Date. Interest will be charged starting on your second Loan Invoice Date, and will continue to be charged on each subsequent Loan Invoice Date until you repay your loan in full. The first Invoice Date for your loan will be 06/21/2024. Subsequent Loan Invoice Dates will be shown on your loan invoice. See your Loan Agreement for how we calculate interest. Loan Account Number: 341291651211008 American Express® Personal Loans Loan Agreement Carefully read this Loan Agreement. Section 22 of this Loan Agreement includes an arbitration clause. Unless you are a Covered Borrower (defined in Section 25), it will restrict your ability to have claims heard in court or resolved by a jury. It will also restrict your ability to participate in a class action. If you are a Covered Borrower, then Section 25, and not Section 22, will apply to you. Your loan is issued by American Express National Bank. We, us, our, and American Express mean American Express National Bank. You and your mean the person who applied for a loan and to whom we issued the loan. Table of Contents <table> <tr> <th>1.</th> <th>Your Personal Loan</th> <th>13.</th> <th>Credit Reports and Reporting to Credit Reporting Agencies</th> </tr> <tr> <td>2.</td> <td>Your Truth in Lending Disclosure Statement</td> <td>14.</td> <td>Privacy</td> </tr> <tr> <td>3.</td> <td>No Benefits</td> <td>15.</td> <td>Sending Notices, Disclosures and Communications to You</td> </tr> <tr> <td>4.</td> <td>Acceptance of Loan Agreement</td> <td>16.</td> <td>No Warranties</td> </tr> <tr> <td>5.</td> <td>Your Promise to Pay</td> <td>17.</td> <td>Limitation of Liability</td> </tr> <tr> <td>6.</td> <td>Prepayments, Overpayments and Late Payments</td> <td>18.</td> <td>Severability</td> </tr> <tr> <td>7.</td> <td>How We Calculate Interest</td> <td>19.</td> <td>Assignment</td> </tr> <tr> <td>8.</td> <td>How to Make Your Loan Payments</td> <td>20.</td> <td>No Waiver</td> </tr> <tr> <td>9.</td> <td>Electronic Debits</td> <td>21.</td> <td>Governing Law; Jurisdiction</td> </tr> <tr> <td>10.</td> <td>How We Apply Your Payments</td> <td>22.</td> <td>Claims Resolution</td> </tr> <tr> <td>11.</td> <td>Fees</td> <td>23.</td> <td>Entire Agreement</td> </tr> <tr> <td>12.</td> <td>Default and Acceleration</td> <td>24.</td> <td>State Disclosures</td> </tr> <tr> <td></td> <td></td> <td>25.</td> <td>Protections for Members of the Armed Forces and their Dependents</td> </tr> </table> 1. Your Personal Loan You authorize us to send disbursements in the amounts you requested to the bank(s) you designate using the disbursement method you selected in your loan application. We refer to each such disbursement made by American Express as a <i>Loan Disbursement</i>. All Loan Disbursements are made by electronic means only. We do not issue Loan Disbursements by check or other non-electronic means. We rely on the accuracy, authenticity and completeness of any account or other information you provide to us to make a Loan Disbursement. However, we may attempt to verify the account and bank to which the Loan Disbursement will be made, which may delay our Loan Disbursement. You promise that any account or other information that you provide or that we have on file for you, to which we will make a Loan Disbursement, is true, accurate and correct and shall remain true, accurate and correct for the duration of this Loan Agreement. In some cases, we may be unable to complete one or more Loan Disbursements. For example, your bank may refuse to accept a Loan Disbursement from us. If this occurs, we will reduce your Amount Financed by the failed Loan Disbursement, adjust your Scheduled Payment Amount and refund you any credit balance. You will not be required to repay the failed Loan Disbursement amount. No interest will be charged on any failed Loan Disbursements. *If the Loan Disbursement does not post to your designated account within two weeks, contact your bank and us. We are not responsible for any disputes you may have with your bank. We are not liable for any loss or injury resulting from any failed or delayed Loan Disbursements.* Credit Card Disbursement. If you were approved to use your Personal Loan for credit card debt consolidation, you authorize us to send Loan Disbursements directly to the credit card account(s) you designated in your application for debt consolidation purposes. We will not send any Loan Disbursements directly to you. American Express Card accounts are not eligible for debt consolidation through Personal Loans. Not all U.S. banks may be paid with Loan Disbursements. Your credit card bank may delay posting a Loan Disbursement to your account. Be sure to make all required payments on your credit cards. We are not liable for your failure to make any required payments to your credit cards. Direct Deposit. If you were approved and choose to deposit your Personal Loan directly into your bank account, you authorize us to electronically disburse funds to your designated bank account in the amount of your Loan Disbursement (or, if necessary, to electronically debit your bank account to correct errors). You promise that (1) you will use your loan only as indicated on your application, and (2) you will not use any portion of your loan to repay any outstanding debt or satisfy any obligation to any of our affiliates, including, without limitation, American Express Travel Related Services Company, Inc. If you do not have an eligible bank account on file with us, we will ask you to designate a personal checking account after you sign your Loan Agreement. You will have three (3) days from the date you sign your Loan Agreement to add a bank account, otherwise you will not receive your Loan Disbursement. In some cases, we may need to verify your account by asking you for personal information. If you are unable or unwilling to satisfy these conditions or we are otherwise unable to verify your new bank account, you will not receive your Loan Disbursement and this Loan Agreement, in its entirety, shall be deemed void, unenforceable, and of no effect, as if there was no agreement. 2. Your Truth in Lending Disclosure Statement Your Truth in Lending Disclosure Statement provides important information about your loan. It includes the cost of your loan as a yearly rate (Annual Percentage Rate), your total number of payments due, the amount of each payment (Scheduled Payment Amount) and when each Scheduled Payment Amount is due (Payment Due Date). The total amount you will pay if you make all Scheduled Payment Amounts on their Payment Due Date (Total of Payments) is: (1) the total interest payable on your loan, reflected as the dollar amount your loan will cost you (Finance Charge), plus (2) the total amount of credit provided to you or others on your behalf (Amount Financed). The Annual Percentage Rate, Finance Charge, Amount Financed, Total of Payments, and repayment schedule (including your Scheduled Payment Amount) are estimates of what you should expect to pay if (1) all Loan Disbursements are processed during the first loan invoice period (see Section 7) and accepted by your designated bank(s), and (2) you pay all Scheduled Payment Amounts on their Payment Due Date. Interest on your loan will be charged as described in the section How We Calculate Interest. The actual amount of interest you pay may differ from the Finance Charge. For example, you may pay more interest if you make a late payment. You may pay less interest if you make an overpayment or if you pay off your loan early. 3. No Benefits A Personal Loan is not a Card product. Unlike American Express credit and charge Cards, you will not receive any Card benefits, rewards programs or insurance with your loan. For example, you will not get Membership Rewards® points or Reward Dollars from American Express with your loan or any Loan Disbursements. 4. Conditions and Acceptance of Loan Agreement You may only agree to this Loan Agreement by providing your electronic signature below. Once you sign, you may not cancel your loan or any Loan Disbursement except as permitted by law. You promise that you are 18 years or older and a U.S. citizen or resident of the U.S. or its territories. You promise that (1) any information that you provide to us regarding your loan, including the bank or credit card account information you provided in your loan application, is true and accurate and will remain true and accurate for the duration of this Loan Agreement; (2) you have not misrepresented your identity, or described, presented or portrayed yourself as a person other than yourself; and (3) you are solvent and are not contemplating any insolvency or bankruptcy proceeding, nor have you initiated or been a party in any insolvency, bankruptcy, receivership, or assignment for the benefit of your creditors and no such action or proceeding has been filed or is pending against you during the four months preceding the date of this Loan Agreement. You agree that you will not use your loan to pay for post-secondary educational expenses, for real estate, for business, for securities, for vehicle purchases (other than as a down payment) or for any purpose prohibited by law or not otherwise permitted under this Loan Agreement. This Loan Agreement in its entirety, and all obligations on the part of American Express contained herein, are subject to and conditioned upon your promises being true, accurate, and correct in all material respects as of the date of this Loan Agreement and for the duration of this Loan Agreement. You authorize American Express to conduct such due diligence, inquiries, or investigations as we deem necessary to verify the accuracy of your promises, including those concerning your identity, bank account or credit card information. We will not make any Loan Disbursements under this Loan Agreement until we have verified, to our satisfaction, the accuracy of your promises. In the event that we are unable to verify the accuracy of your promises, to our sole and complete satisfaction, we shall notify you that a condition of this Loan Agreement has not been satisfied. If any condition of this Loan Agreement is not satisfied prior to us making any Loan Disbursements under this Loan Agreement, then this Loan Agreement, in its entirety, shall be deemed void, unenforceable, and of no effect, as if there was no agreement. *If a condition of this Loan Agreement is not satisfied after we have made a Loan Disbursement under this Loan Agreement, then our obligations shall terminate, but your obligations under this Loan Agreement will continue in full force and effect, with respect to the Loan Disbursement that we made to you under this Loan Agreement.* 5. Your Promise to Pay You promise to pay each Scheduled Payment Amount, plus any Fees, and past due amounts (collectively the Monthly Payment Due) by the Payment Due Date. You further promise to pay any additional interest charged as part of your final Monthly Payment Due by the Payment Due Date. The Monthly Payment Due and Payment Due Date are shown on each loan invoice that we send you. You must pay each Monthly Payment Due by the Payment Due Date even if you do not receive a loan invoice. You may not apply any credits you have on any American Express Card account to your loan balance. 6. Prepayments, Overpayments and Late Payments The Outstanding Loan Balance shown on your loan invoice represents the total Loan Disbursements made to you or on your behalf, less payments or credits, plus any Fees and interest charges, that are outstanding as of the Loan Invoice Date. The Outstanding Loan Balance is calculated as follows: • We start with the Outstanding Loan Balance that appeared on your prior loan invoice (shown as the "Previous Outstanding Loan Balance" on your current loan invoice); • Then we add any new Loan Disbursements made during the current loan invoice period; • Then we add any Fees incurred during the current loan invoice period; • Then we subtract any payments and credits applied during the current loan invoice period; and • Finally, we add the Monthly Interest Charge, calculated as described herein. Prepayment. You may prepay all or part of the Outstanding Loan Balance at any time without penalty. To pay your loan in full, you must pay the Outstanding Loan Balance shown on your current loan invoice by the Payment Due Date shown on that invoice. However, you will still be responsible for paying any additional charges, including additional interest and Fees, that you may have incurred but have not yet been added to your Outstanding Loan Balance. You can avoid paying any interest on your loan if you prepay the Amount Financed in full prior to the Next Invoice Date shown on your first loan invoice. Overpayment. If you pay more than the Monthly Payment Due, this will not change your Scheduled Payment Amount; however, your final Monthly Payment Due may be lower than the final Scheduled Payment Amount. This may occur, for example, if the additional payment reduces your principal loan balance and interest charges. Late Payment. If you do not pay at least the Monthly Payment Due by the Payment Due Date, any unpaid amounts will be added to your next Monthly Payment Due and you may incur a Late Payment Fee. You may also incur additional interest charges which will be added to your final Monthly Payment Due. If additional interest causes your final Monthly Payment Due to exceed the sum of your regular Scheduled Payment Amount, any Fees and past due amounts, the excess interest charges will appear as a new Monthly Payment Due on an additional loan invoice. 7. How We Calculate Interest Your loan bears interest at the Interest Rate found in your Truth in Lending Disclosure Statement. Your Interest Rate is fixed and will not change during your loan term. We will not charge interest, and you will not owe any interest, on any Loan Disbursement as part of your Monthly Payment Due on your first Loan Invoice Date. Your first loan invoice period begins when you sign your Loan Agreement and ends on the "first Loan Invoice Date" found in your Truth in Lending Disclosure Statement. After your first Loan Invoice Date, interest will be charged on subsequent Loan Invoice Dates as further described below. You will not be charged interest on Late Payment Fees or Returned Payment Fees. Interest The method used to calculate interest is monthly compounded interest. Interest will be assessed on the last day of each loan invoice period (the "Loan Invoice Date") until you have repaid your loan in full. This is your Monthly Interest Charge. The Monthly Interest Charge is calculated in the following way: • First, we take your Interest Rate, divide that by 12, and then round to the nearest one ten-thousandth of a percentage point. This is your Monthly Percentage Rate ("MPR"). • Then, we (1) multiply your MPR by the Previous Outstanding Loan Balance (less any Fees that were included in that Previous Outstanding Loan Balance) as shown on your current loan invoice, and then (2) round that result to the nearest penny. For example, assume your loan invoice periods end on the last day of each month. The Monthly Interest Charge assessed at the end of your April loan invoice period (April 30) is your MPR multiplied by the Previous Outstanding Loan Balance (less any unpaid Fees included in that Previous Outstanding Loan Balance). The Previous Outstanding Loan Balance was calculated by taking the Outstanding Loan Balance from your February loan invoice and adding any Loan Disbursements made, and Fees incurred, during the March loan invoice period (March 1 through March 31). We then subtracted any payments or credits applied during the March loan invoice period. We then added the Monthly Interest Charge that was assessed at the end of the March loan invoice period (on March 31). In most cases the Outstanding Loan Balance that appears on your first loan invoice will equal your Amount Financed. In limited cases, there may be a delay by American Express in processing your Loan Disbursement(s). As a result, the delayed Loan Disbursement(s) may not appear as part of your Outstanding Loan Balance before your first Loan Invoice Date. If this happens, you will not be charged interest until the next Loan Invoice Date after the disbursement is processed. To account for the delay, we may adjust your repayment schedule by extending it by one or more months, as necessary, after the final payment date disclosed in your Truth in Lending Disclosure Statement. Any delay in disbursing a Loan Disbursement will not change your Scheduled Payment Amount (unless your Outstanding Loan Balance is less than the Scheduled Payment Amount) or the Payment Due Date. However, any such adjustment to your repayment schedule will not result in additional Finance Charges, or any increase in your Total of Payments. 8. How to Make Your Loan Payments You may make a payment 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: • mail your payment to the address shown on the loan invoice, and • write your loan account number on your check or negotiable instrument and include the payment coupon attached to your loan invoice. If your payment meets the above requirements, we will credit it to your loan as of the day we receive it, as long as we receive it by the time disclosed in your loan invoice. 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 the payment to your loan. This may result in a Late Payment Fee and additional interest charges. We will not accept a payment made in a foreign currency or payment drawn on an account at a bank located outside of the U.S. If we process a late payment, a partial payment, or a payment marked with any restrictive language (including payments marked as "paid in full"), it will have no effect on our rights and will not change the terms of this Loan Agreement. 9. Electronic Debits When you pay us by check, you authorize us to electronically deduct the amount from your bank or other asset account. We may process the check electronically by transmitting to your financial institution: the amount, the routing number, the account number, and the check serial number. 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. 10. How We Apply Your Payments We generally apply each payment we receive to your Monthly Payment Due as follows: • we apply your payment first to any interest, then • to any Fees, expenses and other amounts due (excluding principal and interest), then • to your principal loan balance. However, if you pay more than your Monthly Payment Due on the Payment Due Date, or make additional payments after the Payment Due Date but before your Next Invoice Date shown on your current loan invoice, we will apply the overpayment or additional payment to your principal balance. You will still be required to pay the Monthly Payment Due shown on the following loan invoice. If you pay more than your Monthly Payment Due or make additional payments after your Next Invoice Date shown on your current loan invoice but before or on the next Payment Due Date, we will apply your payment first to your Monthly Payment Due for that loan invoice period. Any excess will then be applied to principal loan balance. We will apply your payments as described above even if you provide an instruction or notation with your payment. 11. Fees You may incur a Late Payment Fee or Returned Payment Fee (collectively, Fees, as described below). If we do not receive the Monthly Payment Due by the Payment Due Date, we will charge you a Late Payment Fee of $39. If you make any payment that is returned unpaid, we will charge you a Returned Payment Fee of $39. This can occur whether you pay us by check or an electronic debit from your bank account. We may attempt to process your payment up to two more times. If any additional attempts fail, we will not assess another Returned Payment Fee. However, your bank may assess its own fee for each attempt. 12. Default and Acceleration We may consider your loan to be in default if: • you violate a provision of this Loan Agreement, • you give us false information, • you commit fraud, • you misrepresent your identity or your ownership of any account, • you file for bankruptcy, • you become incapacitated or die, • we do not receive the full amount of your Monthly Payment Due on your Payment Due Date, or • we believe you are unable or unwilling to pay your debts when due. If we consider your loan in default, we may, to the extent permitted by applicable law: • require you to immediately pay more than the Monthly Payment Due, or • require you to immediately repay your loan in full. You agree to pay all reasonable costs that we incur to collect amounts you owe, as permitted by applicable law, including but not limited to attorneys' fees. 13. Credit Reports and Reporting to Credit Reporting Agencies You authorize us to verify your information and obtain reports from consumer reporting agencies or other third parties, including from our affiliates, at any time as permitted by applicable law. You agree that we may investigate your ability to pay and obtain information about you from other sources, including information to verify your income. You authorize us and our affiliates and subsidiaries to share information we have about you at any time for marketing and administrative purposes as permitted by law. And you agree that we will use such information for any purposes, subject to applicable law and pursuant to our privacy practices as described in the section Privacy. Upon request, we will tell you if we have received a consumer report and the name and address of the agency that provided it. You agree that we will give information about your loan to credit reporting agencies. For example, we will tell a credit reporting agency if you fail to make a payment or fail to comply with any other term of this Loan Agreement, or otherwise default on your loan. This may have a negative impact on your credit report. 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 the specific information you believe is incorrect. 14. Privacy Any information we collect from you in connection with your loan will be governed by our Consumer Privacy Notice that was provided with your Loan Agreement. 15. Sending Notices, Disclosures and Communications to You Electronic Communications We may provide any notice, disclosure, statement or other communication related to this Agreement to you by any lawfully permitted electronic means, including by (i) sending it to your email address, (ii) posting it on an American Express website, or (iii) making it available to you on an American Express website through a link provided on an email or communication. Communications sent to you electronically will be effective the earlier of when (i) we send it to you or (ii) we send or otherwise provide you with notice that the communication has been posted on an American Express website. You agree that we may use any email address you provide to us. You may set your electronic communications preferences in your American Express online account. Regardless of these preferences, we may continue to send you certain communications, including servicing messages, electronically. A copy of your executed Loan Agreement, as well as your Truth in Lending Disclosure Statement, loan invoices, and other communications and disclosures provided in connection with your loan, are available in your American Express online account. Postal Mail Communications 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. Changes to Your Contact Information You must notify us immediately if you change your email address, phone number or mailing address to which we send or make any communications. You may do so by accessing your American Express online account or by calling Customer Care at 1-844-273-1384. Servicing and Collections Calls/Text Messages If we need to contact you to service your loan or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors) to contact you at any number you provide, from which you call us, or at which we believe we can reach you. We may contact you in any way, such as calling or texting. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it. Call Monitoring We may monitor and record any calls between you and us. 16. No Warranties EXCEPT AS EXPRESSLY PROVIDED IN THIS LOAN AGREEMENT OR APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE RELATING TO OR ARISING OUT OF THIS LOAN AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THIS LOAN AGREEMENT MAY HAVE UPON YOUR TAX LIABILITIES IN ANY JURISDICTION. 17. Limitation of Liability EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS. THIS LIMITATION APPLIES EVEN IF YOU ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO THIS LOAN AGREEMENT. 18. Severability If any part of this Loan Agreement is found by a court or governmental authority to be invalid or unenforceable, that part will be deemed omitted from this Loan Agreement. The remainder of this Loan Agreement will remain in full force and effect, and will be modified only as necessary to give such force and effect to the remaining provisions. 19. Assignment We may sell, transfer or assign this Loan Agreement or your loan. We may do so at any time without notifying you. You may not sell, assign or transfer your loan or any of your obligations under this Loan Agreement. Any such sale, assignment or transfer by you will be null and void. 20. No Waiver We may choose to delay enforcing or to not exercise rights under this Loan Agreement. If we do this, we do not waive our rights to exercise or enforce them or any other rights under this Loan Agreement on any other occasion. 21. Governing Law Utah law and federal law govern this Loan Agreement and your loan. They govern without regard to internal principles of conflicts of law. You agree that this Loan Agreement is made and performed in the State of Utah. You agree that: (i) we are located in Utah; (ii) we make all credit decisions from our home office in Utah; (iii) the loan hereunder is made in Utah (that is, no binding contract will be formed until we receive and accept your signed Loan Agreement in Utah); and (iv) your payments are not accepted until we receive them in Utah. This Loan Agreement will only be valid when signed by you and accepted by us at our home office in Utah. In addition, if your billing address is in the State of Maryland, to the extent, if any, that Maryland law applies to your account, we elect to offer your loan account pursuant to Title 12, Subtitle 10 of the Maryland Commercial Law Article. 22. Claims Resolution Most customer concerns can be resolved by calling our Customer Service Department at 1-844-273-1384. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your loan account, this Loan Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product or service in connection with your loan account; and (4) claims that arise from or relate to (a) your loan account or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under your loan account or terms of financing, and (c) your application for your loan account. You may not sell, assign or transfer a claim. Sending a Claim Notice Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to americanexpress.com/claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your loan invoice or sent to your home address. Notice to us must include your name, address and loan account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, NY, NY 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules. Mediation In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778-7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration. Arbitration You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. 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. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. Initiating Arbitration Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Loan Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights. Limitations on Arbitration If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will 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 Card Members, other Personal Loan borrowers or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. Arbitration Procedures This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration provisions, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. Arbitration Fees and Costs You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Additional Arbitration Awards If the arbitrator rules in your favor for an amount greater than any final offer we made before arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees. Continuation This section will survive termination of your loan account, voluntary payment of your loan balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your loan (in the case of a sale, its terms will apply to the buyer of your loan). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section. 23. Entire Agreement This Loan Agreement is a final expression of the agreement between you and us governing your loan. There are no unwritten oral agreements between the parties. This written Loan Agreement may not be contradicted by any alleged oral agreement. You may not amend the terms of this Loan Agreement without written agreement from us. We may amend this Loan Agreement to comply with law or to update any names or contact information, definitions, references, or similar terms, only to the extent such amendment is permitted by law, and you acknowledge that you agree to such amendment upon notice. You acknowledge that there are no third-party beneficiaries to this Loan Agreement. 24. State Disclosures FOR CALIFORNIA RESIDENTS ONLY. If you are married, you may apply for a separate loan. FOR IOWA, KANSAS RESIDENTS ONLY. IMPORTANT: READ BEFORE SIGNING. (1) Do not sign this paper before you read it. (2) You are entitled to a copy of this paper. The terms of this Loan Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. You may change the terms of this Loan Agreement only by another written agreement. FOR MISSOURI RESIDENTS ONLY. Oral agreements or unexecuted agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. FOR NEW HAMPSHIRE RESIDENTS ONLY. (1) Reasonable attorneys' fees shall be awarded to the buyer, borrower or debtor if he prevails in (i) any action, suit or proceeding brought by the retail seller, lender or creditor; or (ii) an action brought by the buyer, borrower or debtor; and (2) If a buyer, borrower or debtor successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by the retail seller, lender or creditor, the court may withhold from the retail seller, lender or creditor the entire amount or such portion of the attorney fees as the court considers equitable. FOR OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law. FOR WISCONSIN RESIDENTS ONLY. No provision of any marital property agreement, unilateral agreement, or court decree under Wisconsin's Marital Property Act will adversely affect a creditor's interest unless, prior to the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree. FOR NEW JERSEY RESIDENTS ONLY: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey. 25. Protections for Members of the Armed Forces and their Dependents (this section applies to Covered Borrowers only) Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To listen to this statement as well as a description of your payment obligation for this loan, call us at 1-844-657-3753. If you are an active duty member of the Armed Forces or his or her dependent, as determined by federal law (a "Covered Borrower"), Section 22 of the Loan Agreement will not apply to you. Instead, the following claims resolution procedures will apply to you: Claims Resolution Available for Covered Borrowers Most customer concerns can be resolved by calling our Customer Service Department at 1-844-273-1384. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through litigation, non-binding mediation or, at your election, arbitration. You are not required to resolve any claims by mediation and arbitration. For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your loan account, this Loan Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product or service in connection with your loan account; and (4) claims that arise from or relate to (a) your loan account or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under your loan account or terms of financing, and (c) your application for your loan account. You may not sell, assign or transfer a claim. Sending a Claim Notice Before beginning a lawsuit, arbitration or non-binding mediation, you may send a written notice (a claim notice) to us. Go to americanexpress.com/claim for a sample claim notice. The claim notice should describe the claim and state the specific relief demanded. We may also request that we resolve a claim by mediation or arbitration, but you are not required to accept our request. We may include our request with your loan invoice or mail it to your home address. Notice to us should include your name, address and loan account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, NY, NY 10005. If the claim proceeds to litigation, mediation or arbitration, the amount of any relief demanded in a claim notice will not be disclosed. You are not required to resolve your claim through mediation or arbitration. You may decline our request to resolve a claim through mediation or arbitration. You may elect to resolve your claim through litigation. Mediation If you elect to resolve your claim through mediation, a neutral mediator will help resolve the claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778-7879, adr.org) for mediation. We will pay the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation will be tolled until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect litigation or arbitration. The outcome of mediation proceedings is non-binding. You may proceed to litigation or arbitration regardless of the outcome of mediation. Arbitration You may elect, but are not required, to resolve any claim by individual arbitration. We may also request to resolve any claim by individual arbitration, but you are not required to accept our request. Claims are decided by a neutral arbitrator. If you elect or agree to resolve a claim through arbitration, your or our right to litigate that claim in court or have a jury trial on that claim may be limited. Further, you and we may not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration. Initiating Arbitration If you and we agree to proceed to arbitration, claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Loan Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). We will not request arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Limitations on Arbitration If the parties agree to resolve a claim by arbitration, that claim will be arbitrated on an individual basis pursuant to that agreement, and the agreement would not allow 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 card members, other Personal Loan borrowers or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration provisions is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply. Arbitration Procedures This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration provisions, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence. Arbitration Fees and Costs You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. Additional Arbitration Awards If the arbitrator rules in your favor for an amount greater than any final offer we made before arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees. Continuation This section will survive termination of your loan account, voluntary payment of your loan balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your loan (in the case of a sale, its terms will apply to the buyer of your loan). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section. EXHIBIT B American Express® Personal Loans ATUL V VAIDYA Invoice Date 01/22/25 Next Invoice Date 02/19/25 Loan Account Ending 2-11008 Payment Information Outstanding Loan Balance $23,319.41 Monthly Payment Due $3,495.28 Includes the past due amount of $2,640.96 plus Fees. Payment Due Date 02/16/25 Late Payment Warning: If we do not receive your Monthly Payment Due by the Payment Due Date, you may have to pay a late fee of $39.00. Important Messages See page 2 for important information about your Loan Account. Your Loan Account is past due. To pay your loan in full, you must pay the Outstanding Loan Balance by the Payment Due Date shown above. However, you will still be responsible for paying any additional charges, including additional interest and Fees, that you may have incurred but have not yet been added to your Outstanding Loan Balance. As a reminder, you can update your personal details and Loan Account information by accessing your online account at americanexpress.com or by calling Customer Care at 1-844-273-1384. Account Summary Previous Outstanding Loan Balance $23,319.41 Payments/Credits -$0.00 Loan Disbursements +$0.00 Interest Charges +$0.00 Fees +$0.00 <table> <tr><th>Outstanding Loan Balance</th><td>$23,319.41</td></tr> <tr><th>Monthly Payment Due</th><td>$3,495.28</td></tr> <tr><th>Original Loan Amount</th><td>$25,000.00</td></tr> </table> Customer Care Customer Care & Billing Inquiries 1-844-273-1384 International Collect 1-928-427-5126 Large Print & Braille Loan Invoices 1-844-273-1384 Hearing Impaired Online chat at americanexpress.com or use Relay dial 711 and 1-844-273-1384 Customer Care & Billing Inquiries P.O. BOX 981535 EL PASO, TX 79998-1535 Payments PO BOX 96001 LOS ANGELES CA 90096-8000 Payments: Your payment must be sent to the payment address shown on your loan invoice and must be received by 5:00 p.m. local time at that address to be credited as of the day it is received. Payments we receive after 5:00 p.m. will not be credited to your Loan Account until the next day. Payments must also: (1) include the remittance coupon from your loan invoice; (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 Loan 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. * You can find your full Loan Account number in your Loan Agreement, a copy of which is located in the Document Center in your American Express online account. 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 to your Loan Account until the next day. Prepayment: If you pay off your Outstanding Loan Balance early, you will not have to pay a penalty and you may be entitled to a refund of part of the finance charge. You are responsible for paying any additional charges, including late fees, that may have been incurred but are not reflected in your Outstanding Loan Balance for this Payment Due Date. Monthly Payment Due: Pay this amount to keep your Loan Account current. This is the monthly Scheduled Payment Amount plus any applicable Fees and past due amounts. If you incur any additional interest, that amount will be included in your final Monthly Payment Due. Credit Balance: A credit balance (designated CR) shown on this loan invoice represents money owed to you. If you have a credit balance on your Loan Account after you repay your loan in full, we will send you a check for the credit balance within 60 days if the amount of the credit balance is $1.00 or more. Credit Reporting: We may report information about your Loan Account to credit bureaus. Late payments, missed payments, or other defaults on your Loan Account may be reflected in your credit report. 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 1-844-273-1384 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 loan invoice or receipt is wrong or if you need more information about a transfer on the loan invoice or receipt. We must hear from you no later than 60 days after we sent you the FIRST loan invoice 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. Change of Address, phone number, email - Online at www.americanexpress.com/updatecontactinfo - 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 American Express® Personal Loans ATUL V VAIDYA Invoice Date 01/22/25 Fees <table> <tr> <th></th> <th>Amount</th> </tr> <tr> <td>Total Fees for this Period</td> <td>$0.00</td> </tr> </table>
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