DeclarationCal. Super. - 6th Dist.November 24, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/11/2021 6:43 AM Reviewed By: D Harris Case #20CV373983 Envelope: 6010415 20CV373983 Santa Clara - Civil D Harris N \ODONQMAUJ 10 11 l2 13 l4 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 Brian N. Winn (State Bar No. 86779) Laura M. Hoalst (State Bar No. 101 082) Jacky P. Wang (State Bar No. 222464) Jason M. Burrows (State Bar No. 309882) Winn Law Group, A Professional Corporation 110 E Wilshire Ave Ste 212, Fullerton CA 92832 Telephone: (714) 446-6686, Fax No.: (714) 446-6680 File No: 20-09092-0-CL8-JPG-CL1WIN (3 000-00) Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY, SAN JOSE DISTRICT DISCOVER BANK, Plaintiff, Case No.: 20CV373983 vs. DECLARATION RE: UNDERLYING VINCENT VU, et al., ACTION 0F ACCOUNT STATED Defendant(s). The undersigned declares: I am an attorney with Winn Law Group, A P.C., attorneys of record for Plaintiffherein. That the complaint in this case does not rest upon, and the facts underlying the complaint do not involve, any note, contract or other writing signed by any party except such as are submitted herewith as Exhibit A for endorsement and filing with the clerk, that is: the. statement(s) of account from DISCOVER BANK. /// Page 1 DECLARATION RE: UNDERLYING ACTION 0F ACCOUNT STATED N \DOO‘JQU’I-bb) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, executed at Fullerton, California, on “AR 0 9 2021 WINN LAW GROUP,A .C rian ZN%Winn [3/ Laura M. Hoalst []Jacky P. Wang [ ] Jason M. Burrows Attomey(s) for Plaintiff Page 2 DECLARATION RE: UNDERLYING ACTION OF ACCOUNT STATED EXHIBIT “A” DISCOVER IT® CARD WDINGIN 5406 CARDMEMBER SINCE 2017 DISC©VER' 011202020 10212512920Accbunt Sfifimary Payment Information Previous Balance $6,987.93 Payments and Credits +$0.00 Purchases +$0.00 Balance Transfers +$0.00 Cash Advances +$0.00 Fees Charged +$39.00 Interest Charged +$98.51+ New Balance: $7,125.47 See Interest Charge Calculationsection followingthe Fees and Interest Charged section for detailed APR information Credit Line $6,400 Credit Line Available $0 Cash Advance Credit Line $1,400 Cash Advance Credit Line Available $0 New Balance Minimum Payment* Payment Due Date $7,125.47 $1,159.00 03/20/2020 * Includes past due amount of $1001.00 Late payment warning: Ifwe do not receive your minimum payment by the date listed above. you may have to paya late fee ofup to $39.00. Minimum payment warning: lf you make only the minimum payment each period, you will pay more in interest and it will take longerto pay offyour balance. For example: ____. lfyou make no additional You wlll pay off the And you wllI end up charges using this card and balance shown on [his paying 'an estimated each month you pay... statement in about... totat Ufa. Onlythe minimum payment 21 years $17,017 F|C0® Score 8 based on TransUnion® data:- As or ammoUpdated Monlhly See Key Factors that help explain your score at Discovemom orvisit ourmobile app Payment Coupon _ Detach at perforation above and return with check payable to Discover. Do not fold. clip, staple or send cash. Hlllllllllll || |||||| Ill l [Illll “II lllllllllllllll II VINCENTVU “‘“Ei: 3300 NARVAEZ AVE SPC 84 SAN 105E CA 95136-1246 New address, email or phone? Please update on reverse. lfyou w0uld like information about credit counsellngservices. call us at 1-800-347-11 2]. Notice: See reverse sldefor Important Infon'nation ACCOUNT NUMBER ENDING IN 5406 New Balance 57,125.47 Minimum Payment Due 51,159.00 Payment Due Date 03/20/2020 émofipt Enclosed Forafaster,easker Discovemom & 1-800-347-2683 way to pay... '- See reverse for payment cut ofilimes. PO BOX 29013 PHOENIX AZ 85038-9013 |||||l||||l|l|||||||l|lllllllllllllllllllll|||||||||||||||lllll|| DISCOVER IT® CARD ENDING IN 5406 VINCENT VU lmportantlnfon'natlon SeeyourCardm emberAgreement. Your CardmemberAgreement contains all the terms ofyourAccount. Lost orStolen Cards. Repon immediately! Call 1-800-347-2683. WhatTo Do IfYouT'hlnkYou Hnd AMlstakeOn Your Statement: nyou thinkthere is an erroron yourstatement. write to us at Discover. F0 Bux30421. Salt Lake City. UT 814130-0101. or submlt the form provided at https://discover.com/b1lllngerromotice. You must contact us within 60 days after the errorappeared on yourstatement. You may call us. but ifyou do we ale not required to Investigate any potential errots. and you may have to pay the amountln question. The Blillng Rights Notice further explainsyourrights. Please see yourCardmemberAgreement orvisit https:/ldiscovemomlbillingrightsfora copy ofthis Notice. Payments. You rnay pay all or part ofyourAccount balance at any time. However. you must pay at [eastthe Minimum PaymentDue bythe PaymentDue Date. Send only yourallowable form ofpayment ('Payment“) and the bottom portIon ofthis statement in the envelope provided. after affixingpostage. Payments sentwithout proper postage will be returned to the sender. Ifyou pay by check. you authorize us to use informationon your check to make an electronic fund transferfrorn your account at the financialinstitution indicated on yourcheck orto process the paymentas a check transaction. Ifa Paymentis prucessed as an electionic fund transfer. the transferwill be forlhe amountofthe check. funds may be wIthdrawn from youraccount as soon a5 the same day we receive yourcheck. and you will not receiveyourcheck back. Please do not send cash. Sendlng cash is not allowed. The processing ofyour allowableforrn ofPayment may be delayed ifyou send cash orconespondencewith yourPayments.ifyou send the Paymentto any otheraddress. or ifyou use an envelopeother than the one provided. Payments received at our processing facility by 5PM localtime on any daywill be credited to yourAccount as ofthat day. Payments received at ourprocessing facility after 5PM localtime will be credited to yourAccount as oflhe next day. Ifyou have misplaced yourenvelope. send your Paymentto Discover, PO Box6103, Carol Stream, IL 601976103. Please allow 7-10 days for delivery. IfyourPaymentis returned unpald,we reserve the Iightto resubmit it as an electronic deblt. Payments madeonlineor by phone before Midnight Eastern Time on any day except your Statement Closing Datewlll be credited as of the same day; on your Statement CloslngDate, onUneand phone payments must be made before 5:00 PM Eastern Timeto be credited as ofthat day. You can also make a Paymentorset up automatic payments by calling 1’800-347- 2683. Automatic payments forthe billingperiod shown on yourstatementwiu be deducted on the Payment Due Date shown on that statement. or the next automatic payment date referred to on your statement. unless you requesta recurring payment date that occurs beforeyourPayment Due Date. tn orderto schedule monthiy payments by telephone. you will need this statement and yourbank account information.You will be asked to provide the last four (4) dIgits ofthe social security number ofthe primary borrower as yourelentronic signature. By provIding those numbers. you will be agreeingto this authorization to allow us and your bank to deduct each paymentyou authorize. Tn the amount selected by you. fromyourbank account. You also authorize us to Initiatedebit or credit entlies to your bank account. as applicable. to correct an error in the processing ofsuch payment. You can cancel or modify a payment from yourbank account until 5:00 PM EasternTime on the day such payment is scheduled by callingl-800-347-2683 orby mail at Discover. PO Box 30AM. Salt Lake City. UT 84130-0421. Same day online or phone payments from bankaccount made after5:00 PM Eastern‘fime may be modified before Midnight Easternfimeofthat day. Payments from Cashback Bonus cannot be modified or cancelled after being made or scheduled. Ifyourpayments may vary In amount. we will tell you on each monthly bIlling statementwhen your paymentwill be made and how much [twill be. You must ensure that sufficient funds are availablein your bank account. and all transactions must complywith U.S. law. Change ofAddress If correct on front, do not use. To make changes toyour address. email or teiephone number. Please Print Clearlv 1" blue 0" blafk‘nk- in the Space 9'0“de 0W3“ DISCOVE'oCOm- Page 2 ofla OPEN T0 CLOSE DATE: 01/26/2020 - 02/25/2020 You can set up automatic payments for: (i) statement New Balance. (if) statement Minimum Payment Due. (iii) statement Minimum Payment Due plus a fixed dollar amount. or (iv) other dollaramount. lfyourscheduled 'Other dollaramount“ payment ls not enough to coverthe Minimum Payment Due as listed un yourmonthly billingstatement. yourscheduled payment forthat month will beincreased to cover the Minimum PaymentDue. Ifthe scheduled payment isgreaterthan the Minimum PaymentDue, any excesswill be applied In accordance with yourCardmember Agreement. Ifyour scheduled payment Isgreaterthan the New Balance on your billing statement. that paymentwltl be processed onlyforthe amountofyour New Balance4 Yourautomatlc payment amount may be 1ess than the amount indicated on the billing statement based on credits or payments afterthe Close Dale. lfyou enroll by phone In ourautomatic payment service, please fill-lnthe following blanks below and retaln the authorization foryourrecords. Amount OFuIlPay OMIn Pay OMIn Pay+ 5 OOtherAmount$ Bank Routing # Bank Account # Monthly on theOPayment Due Date. or O Dav 0fthe month (INSERT DATE) Credit Reporting. Credit Reporting.We may report Information aboutyourAccount to credit bureaus. Late payments. missed payments, or other defaults on yourAccount may be reflected 1n yourcredlt report. We normally report the status and payment history ofyourAccount to credit reporting agencies each month. Ifyou believe that ourrepon is inaccurate orincomplete, please write us at this address: Discover. PO Box 30939. Salt Lake City. UT84130~0939. Please include yourname. address. home telephonenumberand Account number. Paylnglnterest.¥ourdue date is at least 25 days afterthe close ofeach billing period (at least 23 days forbilllng periods that begin 1n February).We will not charge you any lntereston Purchases 1fyou pay yourentlre balance bythe due date each month. We will begin charglnglntereston Cash Advances and BalanceTransfersas ofthe Iaterof the Transaction Date or the flrst day ofthe billing period In which the transaction posted to yourAccount. HowWe Calculate Interest Charges.We U52 the Daily BalanceMethod (including cunenttransactions) to calculatethe Balance Subject to Interest Rate. For more Information. please call us at 1-800347-2683. BalanceSubject 'I'o Interest Rate.Yourstatementshows a BalanceSubject to Interest Rate. lt shows this for each transaction category. The Balance Subiect to Interest Rate Is the average ofthe dailybalancesduringthe bi|lingperiod. CredltBalances. lfyourAccount has a credit balance.the amountis shown on the front ofyourbililng statement.A credit balance is money that is owed to you. You may make charges againstthis amount ifyourAccount is open. We will send you a refund ofany remainingbalance of$1.00 or more afleré months, or as otherwise requlted by applicable law. or upon request made to the address in the Contact Us sectton on page 3 ofyourbllling statement. BaianceTransfers. BalanceTransfers are offered at our discretion and accrue interest at the standard purchase rate unless we telt you otherwise. Disc0vermay monitorand/or record telephone calls between you and Discover representatives forqualityassurance purposes. Send inquiriesto Discover. PO Box309la3. Salt Lake City. UT84130 The DiscoveP card ls issued by DlscoverBank. Member FDIC. DlT23-27.1219 StleetAddress Home Phone Work Phone City Email Stale. Zip K m .\ ONLINE PHONE PAYMENTS PBE830M Discovemomor 1-800-347-2683 Discover DISCOVER1T® CARDENDINGIN 5406 downloadourapp TDDl-800-347-7649 PO Box6103 opgNTo CLOSE DATE;01/25/2020.02/25/2020 CarolStream |L60197-6103 F." ' .U n . - Cashba‘ck Bonus® Rewards NOACTWITY FOR THIS BILLING PERIOD PREVIOUS BALANCE $0.00 EARNED THIS PERIOD +$0.00 Fees and,|nte[est Charged - REDEEMED THIS PERIOD -$0.00 FEES FOR THIS PERIOD AMOUNT CASHBACK BONUS BALANCE $0.00 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 INTEREST CHARGED FOR THIS PEMOD AMOUNT INTERESTCHARGEON PURCHASES $98.5n INTERESTCHARGEON CASH ADVANCES $0.00 INTEREST CHARGE ON BALANCETRANSFERS $0.00 TOTAL INTEREST FOR THIS PERIOD $98.54 2020TOTALS YEAR-To-DATE CHARGED AMOUNT TOTAL FEES CHARGED IN 2020 $78.00 TOTALINTERESTCHARGED IN 2020 $195.16 l‘nteres-ti'fifiarge.Calculat'i‘éfi YourAnnua! Percentage Rate (APR) is the annua[ interest rate on your account. CURRENT BILLING PERIOD:31 DAYS PROMO BALANCESUBJECT INTEREST TYPEOFBALANCE APR. APREXPIRES" TOINTEREST RATE CHARGE Purchases 16.49%V N/A $7,035.50 $98.54 Cash Advances 26.49% V N/A $0.00 $0.00 V - VARIABLE RATE ' \fyouraccount Ts currentlyenrolled in a special program or ls placed into one durTngthe term ofthe offer, youle receive the benefit ofthe lower rate whlle the special program Is in effect. This includes. ifapplicabte. any lower rates as authorized underthe ServicemembersC'wiL ReliefAct. " This \‘s the dateyourpromotional rate expires and the remainingbalancewill be moved toyourstandard APR dectosed when you accepted the offer. Please note: Changing yourpayment due date may change yourPromo APR ExpirationDate. “* For more information. pLease caH us at 1-800-347-2683. lnform,a,"tio'n ForYou FICO® Credit Score Terms Your FICO“ Credit Score. key factors, and othercredit information use the FICO® Score 8 model. They are based on data from TransUnion® and may be different from othercredit scores and othercredit information provided by different bureaus. This information is intended for and only provided to Primary account holders who have an available 5core.Y0ur score, key factors and other credit informatlon are available on Discovemom and cardmembers are also prodeed a score on statements. Customers will see up to ayearof recentscores online. Discover and otherlenders may use different Inputs, such as F‘COm Credit Scores, othercredit scores and more information in credit decisions. This benefit may change or end in the future. FICO is a registered trademark ofthe Fair \saac Corporation in the United States and other countries. If you prefer not to receive your FICO‘" Credit Score Inst call us at 1-800-DISCOVER (1-800-347-2683). Please give us two billing cycles to process your request. Discover Financlal Services and Fair Isaac are not credit repair organizations a5 defined under federal or state an. includlng the Credit Repair Organizations Act. Discover Financial Services and Fair Isaac do not provide ”credit repalr" services or assistance regarding “rebuildfng” or "Improving“ your credit record. credit history orcredit rating. Availability of F|C0® Credit Score As an active cardmember, you may see your FICOm Credit Score on your monthly statement 0r online. Reasons why you may not see your FrCO‘“ Creth Score include: If you opt out; ifyou have key information that ls mismatthed or mIssTng. as one example, an address change that has not been updated vw'th Discover orTransUnion®; Myourcredit history \‘s too new; ifyouraccount status is abandoned, bankrupt, fraud. lost orstolen. closed. revoked. orcharged off; ifyou have a foreign address. Your FICO") Score is disclosed on statements when yourstatement is availabte. You may not receive a statement lfyou have no account activity such as no purchase transactions. fees, Interest. or payments for approximately 30 days. /’[,0/ DISCOVER IT® CARD ENDING IN5406 Page 4 of 4 VINCENTVU OPEN T0 CLOSE DATE: 01/26I2020 - 02/25/2020 DISCOVER 27 K CM.TL27K.LIN.0719 CARDMEMBER AGREEMENT Thank you for choosing Discover” card. This Agreement explains the current tems and conditions of yam Account. The enclosed Pricing Schedule is part of this Agreement Please read this Agreement, including the Pricing Schedule, carefully. Keep them foryour records. Contact us ifyou have anyquestions. We haveincluded a "Definitions" section for yourreference on page 3. ACCEPTANCE 0F AGREEMENT You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use the Account. You may, however. reject the ”Arbitration of Disputes' section as explained in that section CHANGES T0 YOUR AGREEMENT The rates, fees and terms of this Agreement may change from time Io time. We may add or delete any term to this Agreement. If requited by law, we will give you advance written notice of the change[s) and a n'ght to rejed the Change(s). We will not charge any fee or interest dwarge prohibited by law. USING YOUR ACCOUNT Permitted Uses Authofized Users JointAccounts Checks You may use your Account for Purchases, Balance Transfets and Cash Advance. You rnay not use it for illegal transactions. You may request additional Cards forAuthorized Users to make transactions on yourAccount. You must notify us if you wish to cancel the authority of an Authorized User lo use your Account. You are responsible for all charges made by yourAuthorized Users. 1f your Account is a joint Account - each of you agrees to be liabIe individually and jointly for the entire amount owed on lhe Account; and 0 any notice we maii to an address provided by either of you for the Account win serve as nofice to both ofyou‘ If we provide you with Chetks, we will tell you whether we will treat the Check as a Purchase. Balance Transfer or Cash Advance, You may noI use these Checks to pay any amountyou owe us. Credit Authorizations We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authonze a transaction or 1f anyone refuses your Card, Check or Account number. Credit Lines We will tell you what you: Account credit line is. You must keep your Account ba1ance beIow your Account credit line. II you do not. we may request immefiate payment ofthe amount by which you exteed it. We may establish a lower credit line FEES (Seeyuur Pricing Schedule for Additional Fees) Late Fee Returned Payment Fee ANNUAL PERCENTAGE RATES ("APRS") (See your Pricing deedule for the APR; that apply to yourAccount) Variable APRs We will not charge a Late Fee the first time you do not make the Minimum Payment Due by the Payment Due Date. After that, if you do not pay the Minimum Payment Due by the Payment Due Date, we will charge you a late Fee. The fee i5 $28 if you 1f you make a payment that Is not honored by your financial institution, we will charge you a Returned Payment Fee even if the payment is honored after we re submit it. The fee is S28 if you were not charged a Returned Payment Fee during Your Pricing Schedule may include uafiabie APRs. These APRs are de1ermined by adding the number of percentage points thatwe specify to the Prime Rate. Variable APRs will inaease or decrease when the Pfime Rate changes. The APR change for Cash Advances. We may increase or decrease yourActount credit line oryour Cash Advante uedit line without notice. We may delay infleasing your available credit by the amount of any payment that we receive for up to 10 business days. wele not charged a LaIe Fee duting any of the prior six billing periods. Otherwise, the fee is $39. This fee will never exceed the Minimum Payment Due that was due immediately pn'or to the date 0n which the fee was assessed. any of the prior six billing periods. Otherwise, the fee is $39. This fee will never exceed the Minimum Payment Due that was due immedialely prior to the date on which the paymentwas returned to us. will take effect on the first day of the bi1ling period that begins during the same calendar month tha! the Prime Rate changes. An inaease in the APR will increase your interest tharges and may increase your Minimum Payment Due. Penalty APR MAKING PAYMENTS Payment Instructions None t You mustpay in U.S. dollars4 Pleasedo not send cash. Sendingcash isnotallowed. All checks must be drawn on funds on deposit in the U.S. ' You must pay us for all amounts due on yourAccount. This includes charges made byAuthoflzed Users. 0 We may refuse to accept a payment in a foreign cunency. If we do accept it, we will charge your Account our costto convert it to U.S. dollars. I We can accept late payments, partial payments or payments marked ”payment in full" or with any other restrictive endorsement without losing any of our rights under this Agreement. 0 We credit your payments in accordance with the tenns contained on your billing statemenL I If you mailyour payment t0 an address other than the address designated on your billing statement, there may be a delay in processing and crediting the payment to your Account. ' If a third party makes a payment on your Account and we return all or a part of such payment, then we may adjust you: Account for any amount Ieturned‘ We reserve the right to defend ourseives against any demand to return funds we have Ieceived, and may agree to a compromise of the demanded amount as part of a settlement. Minimum Payment Due ©2019 Discover Bank. Member FDlC You may pay the entire New Ba1ance shown on your billing statement at any time. Each billing period you must pay at least the Minimum Payment Due by the Payment Due Date shown 0n your billing statement. The Minimum Payment Due wfli be any amount past due p1us the greater of: 0 $35; or o 2% of the New Balance shown on your b‘IIling statement or - $20. plus any of the following charges as shown on your billing statement fees .1- 1' 5 / fat any debt protection product that you enrolled I'n on oraflerZHlZOI 5; Interest Charges; and Late Fees. The Minimum Payment Due may also include amounts by which you exceed your Account credit line. However, it will navel exceed the New Balance. When we calculate the Minimum Payment Due, we may subtract from 1he New Balance certain fees added toyourAccount during thebilling pefiod.The Minimum Payment Due is rounded up to the nearestdollar. MAKING PAYM ENTS How We Apply Payments We apply payments and credits at our discretion, including En a manner most favorable or convenient for us. fn all cases, we will apply payments and credits as required by applicable law. Each billing period, we will genelally apply amounts you pay that exceed the Minimum Payment Due to ba!ances with higher APRs before balances with lower APRs as of the date we credityour payment. INTEREST CHARGES How We Calculate Interest Charges-Dail Balance Method (inclu ingcurrent transactions) We cakulate interest charges each billing peIiod by first figuring the “daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional bafances, such as Balance Transfers. How We Figure the Daily Balance far Each Transaction Category t We start with lhe beginning balance for each day. The beginning balance for the first day of the billing period is yourbalance on the last day of your previous billing period. 0 We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the fiIst day of the billing period 1n which the transaction or fee posted to your Account. o We subtractany new credits and payments. 0 We make oiher adiustments (including those adjustments required in the “Paying Interest" section). How We Figure Your Total Interest Charges 0 We multipiy the daily balance for each Tiansaction Category by its daily periodic rate. We do this foreach day I'n the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. 0 We add Up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transier Fees to the applicable Balance Transfer Transaction Categow. We add Cash Advance Fees to the applicabIe Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. Paying Interest When Interest Charges Begin We begin to impose interest charges on a transaction, fee or interest charge from the day we add it t0 the daily balance. We contin ue to impose interest charges untilyou pay the total amountyou owe us. You can avoid paying interest on Purchases as described below. However. you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases ("Grace Period") If you paid 1119 New Ba1ance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases. or any portion ofa new Purchase, paid bythe Payment Due Date on your cuIrent billing statement. New Purchases are Putchases that first appear on the cunent billing statement. How We Apply Payments May Impact Your Grace Period If you do not pay your New BaIance in full each month, then, depending on the balance to which we appIy your payment. you may not get a grace period on new Purchases. OTHER IMPORTANT INFORMATION Default You are in default if: - you file bankruptcy 0r anothet insolvency pwceeding is filed by you oragainstyou; 0 we have a reasonable belief that you are unable or unwilling to repay your obligations to us; o you dieorare fegally declared incompetent or incapacitated; ' you fail to comply with the terms of this Agreementor any Agreement with us or an Affiliate, including failing to make a required paymentwhen due, exceeding your Account aedit line 0! using your Cald or Account for an illegal transaction. If you are in default, we may declare the entire baIance oi your Actount immediately due and payable without notice. Collection Costs 1fwe use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys‘ fees, court or other collection costs, and fees and costs of any appeal. Merchant Disputes 1f you have a dispute with a merchant, you may request a credit to your Account. lfwe resolve the dispute in yourfavor, we will issue a credit to yourAccount. You assign to us your claim for the credited amount against the merchant andlor any third party. At our mquest, you agree to provide this assignment in writing‘ Automatic Account Information Updates You may set up automatic billing or store your Account information with an Affih’ate, merchant, wallet provider, or other third party (“Permitted Party"). If you do, you authorize us to share your Account informan‘on, which may include your rewards account balance, with the Permitted Party, regarding the use of yourAccounL If your Account information changes, which may include yourbilling address, you authorize us to provide this updated information to any such Permitted Party at our discrefion. You must contact flue Permitted Party directly or remove your credit card informafion from the Permitted Partywebsite if you wish to stop amomafic billing orAccoum updates. Our Privacy Policy We send you our Privacy Policy when you open your Account and annualw. Contact us or visit Discoverxom if you wouid like a copy. Please read it carefully. [t summarizes: o the personal Information we collect; c how we safeguald its confidentiality and security; o when it may be shared with others; and ° how you can limit our sharing of this information. Credit Reporting Agency Information You authorize us to review your credit, empioyment, and income for the purpose of this Accou nt. as well as to consider you for other products and services‘ We may Ieport the status and paym ent history of your Account to credit reporting agendas and other creditors. We ncrma1|y report to aedit repom'ng agencies each monflL [f you believe that information we reported is inaccurate or incomplete, pfease wn'te us at Discover, P.0. Box 30939, Sah Lake City, UT 84130-0939. Please indude your name; address, home phone number and Account number, Our Communications with You You agree that we. our Affiliates, and agents, including service providers ('Authorized Parties”) may contactyou, including calls, text message or email, about anycunent or future accounts or app1ications, with respect to all products you have with us at any phone number or email (i)you have provided to us, (ii) from which you contacted us, 0! (iii) which we obtained and believe we can reach you at, even ifyour phone provider maychargeyou message anddata ratesforcalis ortexls. You agreethatmeAuthorized Parties may record or monitor any calls between you and the Authorized Parties. You agree to nofrfy us if you change or discontinue usfng any phone number you provide. You agree that the Authorized Parties may contact you using an automatic dia1er 0r prerecorded voice message. II you no longer wish to be contacted on your cell phone by an automated dialer or pre-recorded voice message, you must provide us written nou'ce cancellingyourconsentatthis address: Discover Bank, R0. Box 30937, Saltlake City, UT 84130-0937. The wn'tten nofice must include: you: name, mailing address, the last four digits of your Account number and the specific cell phone number(s) for which you would like to cancel your consent to be contacted by an automated dialer or pre-recorded voice message. Unauthorized Use You must notify us immediately if: - your Card is lost or stolen; or , 4/ ' you believe someone is using yourAccountora Card without your permission. Cancellation of Your Atcount ~ You may cancel your Account. You will remain responsible for any amounl you owe us under this Agleement. ' Anyjoint Accounthofder may cancel a joint Account However, both of you will remain responsible for paying all amounts owed. 0 We may cancel, suspend or not renew you: Account at any time without notice. OTHER IMPORTANT INFORMATION Purchases and Cash Advances in Foreign Currencies 1f you make a Purchase or Cash Advance in a foreign (unency, we wiil tonven it to U.S. doIlars using a rate we choose. This rate will either be a govemment- mandated rate, a govemment-published rate or the interbank exchange rate. depending 0n the country and cunency in which the transaction is made. We use the rate in effect on the conversion date for the transaction. This rate may be difierem than the late in effect 0n the Transaction Date for thetransacu'on. Governing Law This Agreement is governed by applicable federal law and by Delaware law‘ However. 1n the event you default and we file a lawsuit to recover funds loaned to you, the statute of [imitations of the state where the lawsuit is filed will apply, without regard to that state's conflicts of laws principles or its ”borrowing statute.” Severabiiity Except as set forth in the 'Arbitration' section, if any pan of this Agleement is found to be invafid. the rest of it will still {emain in effect. Enforcing this Agreement We may defay enforcing or not enforce any of ourrights under this Agteement without losing or waiving any of them. Assignment of Account We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell. assign or tvansfer your Account without first obtaining our prior written consent. MILITARY BORROWERS Statement of MAPR Federal law provides important protections to members of the Armed Forces and their dependents telating to extensions of consu mer credit In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may no! exceed an Annual Percentage Rate of 36 peicent. This rate must indude, as appiicab1e to the (tedit transaction or account (1) the costs associated with «edit Insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any appfication fee tharged (other than cenain application fees for specified credit tIansactI'ons or accounts); and (4) any participation fee charged (other than :ertain participation fees for a credit card account). If you would like more information about whether this section applies to you, please contact us at 1‘844-DFS-4MIL (1-844-337-4645) anytime 24f], Ii calling outside the U.S. you can contact us at +1v801-451-3730. Oral Disclosures anytime 24H. If cali‘lng outside the U.S. you can contact us at +1-801-451-3730. Before agreeing to this Agreement, in eIder tn hear important disclosures and payment information about this Agreement, please c311 1-844-DFS-4M1L (1-844~337-4645) CONTACT US Unless we teil you otherwise, you can notify us: ' by phone at 1-300-347-3085 or - in writing to Discover. P.0. Box 30943. Salt Lake City. UT 84130-0943. When writing, please include your name, address, home phone number and Account number. You mustcontact uswilhin 15 daysafter changing youremail address, mailing address or phone number. DEFINITIONS “Account" means your Discover card account “Affiliate” means our parent :mporations, subsidiaries and affiliates. “Authorized User" means any person you authorize to use yourAccount or a Card, whether you notify us or not. “Balance Transfer“ means a balance transiened from another credito: lo your Account. "Card“ means any one or more Discover cards issued to you or someone else with you: authorization. ”Cash Advance“ means the use ofyourAccountfor. ~ obtaining cash from participating automated teller machines. financial institutions or other locations; and - online gambling, m to purchase lottery tickets, money orders, casino (hips. foreign cunency or similar item; ”Chetk" means any check we send to you to access your Account ”Pricing Schedule” means the document entitled, "Pricing Schedule“, which lists the APRs that app1y to your Account and other important information. 'Frime Rate“ means the highest rate o! interest listed as the U.S. Prime rate in the Money Rates participating merchants. under this Agreement, section of The Wail Streerjoumai on the fast business day of the month. "Purchase“ means the use ofyout Account to purchase or iease goods or services at “We,“ ”us” and ”our" refer to Discover Bank. the issuerof your Card. 'You,‘ "your” or ”yours” refet to you and any other person(s) who are also contractually liable “Transaction Date” means the date shown on your billing statement for a transaction or fee. ARBITRATION Agreement to arbitrate. In the event of a dispute between you and us arising outof or relating tothisAccount orthe relationships resulting from this Account or any other dispute between you or us ('CIaim'). either you or we may choose to reserve the Claim by binding arbitration, as descn'hed below, instead of in court Any Claim (except for a claim chailenging the validity or enforceability of this arbination agreement. including the Class Action Waiver) may be resolved by binding arbitration if either side requests iL THIS MEANS IF EITHER YOU 0R WE CHOOSE ARBITRATION, NEITHER PARIY SHALL HAVE THE RIGHT T0 UTIGATE SUCH CLA1M IN COURT ORTO HAVEAJURY TRIALALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBHRATION. Even if all parties have opted to l'rtigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claims later assened in that lawsuit This Arbitration Plovision does not apply if, on the date you submit your Application or 0n the date we seek to invoke our arbitration plovision, you are a member of the Armed Forces or a dependent oi such a member covered by the federal Military Lending Act. If you would like more information about whether you are toveled by the Military Lending AC1, please contact us at I-devDFS-dwl. (1-844-337-4645) or if you are tailing from outside the U.S. at +1-801-451-3730. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BAS1S. THIS MEANS NEITHER YOU NOR WE MAY JOIN 0R CONSOLIDATE CLAIMS IN ARBITRATION BY 0R AGAINST OTHER CARDMEMBERS, 0R LITIGATE lN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER 0F A CLASS 0R IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may award Injuncfive relief only in favor of the individual party seeking relief and only lo the extent necessary lo provide relief wananted by that party's individual claim. The arbitrator may not award class, representative or public injunctive relief. If a court decides that applicab1e law precludes enforcement of any of this parag raph's limitations as to a particular claim for Ie1ief, then after all appeals from thatdecision have been exhausted, that .3- .x‘ I 0/ claim (and onTythatdaim) must be severed from thearbitrationand may be brought in court. Oniy a court. and not an arbitrator, shall determine the validity. scope, and effect of the Class Action Waivet. Your Right to Go To Small Claims Court. We will not choose to arbitrate any individual claim you bring in small claims court or your state's equivafent mutt. However. if such a claim is transferred, removed 0! appea1ed Io a dilferent coun. we may then choose to arbitrate. Governing Law and Rules.Thisarbitration agreementisgovemed by the Federal Arb‘nration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those In this arbitration agreement and the procedures of the dlosen arbitration organization. but the rules in this albitration agreement wiil be iollowed if theta is disagreemenl between the agreement and the organization's procedures. 1f the organizalion's procedures change afterthe claim is Med, the procedures in effect when the claim was filed will apply. ARBITRATION For a copy of each alganization's procedutes, Io file a claim or for other information, piease contact: 0 AAA at 1101 Lame] Oak Rd, Vomhees. NJ 08043, www.admrg (phone 1877-4954185) or ° JAMS a1 520 Eighth Ave” Floor 34, New York. NY 10018,www. jamsadrxom (phone 1-800-352-5267). If both AAA and JAMS are completely unavailable, and if you and we cannotagree on a substitute, then e'rlheryou orwe may request that a courtwith jurisdiction appoint a subsfltute‘ Fees and Costs. If you wish to hegin arbitration against us but you cannotafford to pay the organization's or arbitrator's c0515. we will advance those Costs if you ask us in writing. Any [equest like this should be sent to Discover, P.O. Box 30421. Salt Lake City, UT 84130-0421. lfyou lose the arbitrafion, the arbittator will decide whether you must [eimburse us for money we advanced for you for the arb‘mation. If you win the arbitration, we will not ask for Ieimhursement of money we advanced. Additionaliy, if you win the arbitration. the arbitrator may decide that you are enu‘fled to be reimbursed yom leasonable attorneys' fees and costs (if actually paid by you). Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A sing1e arbitrator will be appointed. The arbitrator must: ' Follow aIl applicable substantive law, except when contradicted by the FAA; o Foilow applicab1e statutes of limitations: ' Honorvalid claims of privilege; c Issue a written decision including the leasons for the award. The arbitrator's decision will be final and binding extepl for any review altowed by the FAA. However, flmoze than $100,000 was genuinely in dispute, then eitheryou orwe maythoose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of iL The appeal must be filed with the arbitration organization not rater than 30 days after the original award issues‘ The appeaIing party pays all appellate costs unless the appellate panel determines otherwise as part of its award‘ Claim Notice and Speciai Payment. II you have a Claim, before initiating an athitration proceeding, you may give us written notice of the Claim (“Claim Notice') at least 30 days befme initiating the arbitration proceeding. The Claim Notice must indude your name. address, and account number and expfain in reasonable detail the nature ofthe Claim and any supporting facts. Any Claim Notice shall be sentto us at Discover, R0. Box 794. Deerfield, IL 60015 (or such other address as we shall suhsequenfiy provide lo you). If, and on1y if, (1) you submit a Claim Notice in accordance with this agxeement on your own behalf (and not on behalf of any other party); and (2) an arbitrator. afterfinding [n your favorin any respecton the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys‘ fees and costs awarded hy the arbitrator) is greater than the va1ue of Discover's last written settlement offer ma de before an aIbittator was selected, then you will be entitled to the amount of the award or $7.500, whichever is greater. Ifyou are enfifled to the $7,500, you will receive in addition any arbitration fees or attorneys' fees and toss awarded by the arbitrator. Any arbiuation award may be enfoxced (such as through a judgment) in any court with jurisficfion. Other Beneficiaries of this Provision. in addition to you and us. the rights and duties descnbed in this arbitration agreement apply to: out Affiliates and our and their officers. directors and employees; any third party covdefendant of a claim subject to this arbittation provision; and all joint Acc'ountho1ders and Autharized Users of yourAccounds)‘ Survival of this Provision. This arbitration provision shall suwive: c closing of your Account; - voluntary payment of youtAccount or any partof it; I any lega1 proceedings to tollect money you owe; - any bankruptcy by you; and o any safe by us of your Account You Have the Right to Reject Arbitration for this Account. You may reject the arbitration agreement but only if we reteive fromyou awritten notice of rejection within 30 days of your receipt of the Card after your Account is opened. You must send the notice of rejection to: Discover, P.0. Box 30938, Sa1t lake City. UT 84130~0938. Your rejection notice must include your name, address, phone number, Account number and personal signawre. No one else may sign the rejectiun notice fox you. Your {ejection notice also must not be sent with any other correspondence‘ Rejection of arbitration will not afiect your other rights or responsibilities under this Agreement If you reiect emulation. neither you nor we will be subject to the arbitration provisions for this Account. Rejedion of arbitration for this Account wiil n01 constitute rejection of any pn‘or or future arbitration agreement between you and us. Your Billing Rights: Keep This Document For Future Use This notice teIIs you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake 0n Your Statement lfyou think There is an enor on your statement, write to us at Discover PO Box 30421 Salt Lake City, UT 84130-0421. You may also contact us on the Web: httpS‘J/dfiscoverxomfhillingerrornotice In your letter or on the Web, please give us the ioHowing information: t Amount r'nfarrnatr’on'Yourname and actount number. ' Doilar amounflhe dollar amount of the suspected error. - esafgtion ofgroblem'lf you think there is an error on you: biH, describe whatyou believe is wrong and why you believe [t is a mistake. You must contact us: ' \Mthin 60 days after the error appeared on your statement ' By 5:00 RM. ET on the date an automated payment is scheduled. if you want to stop payment on the amountyou think is wmng. You must notify us of any potential enors in wriiing or elecuonically. You may call us, but ifyou do we are not necessarily required to invesfigate any potential errors and you may have to pay the amount in question What WIN Happen After We Receive Your Letter or Web Submission When we receive your written or electronic notice, we must do two things: 1. Within 30 days of retelving you: notice, we must tell you thatwe received it We will also tell you if we have already conected the enor. 2. Within 90 days of receiving your non’ce, we must either correct me error orexpfain to you why we believe the bill is conect. While we investigate whether or not there has been an erron After we finish our Investigation, one of two things will happen: related to that amount. t fwe made a mistake: You will not have to pay the amount in quesfion OI any interest or other fees 0 If we do not believe theta was a mistake: You will have to pay the amount in question, afong with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then reponyou as delinquent if you do not pay the amount we think you owe. lfyou receive ourexplanafion but still believe your bill is wrong, you must write to us (or vim httpszfldiscovermmfbillingenomofice) witth 10 days telling us thatyou stfll lemse to pay. ifyou do so, we cannot reportyou as delinquentwifiwut also reporting thatyou are quesfioning your hill. We musttell you me name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been set‘ded between us. If we do not follow all of the rules above, you do not have to pay the first 550 of the amount you question eVEn if your bili is correct. Your Riths If You Are Dissatisfied With Your Credit Card Purchases lfyou are dissatisfied w‘rth the goods orsewices that you have purchased with your credit card. and you have tried in good faith to correct the prob1em with lhe merchant. you may have the right not to pay the [emaining amount due on the purchase Tu use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 mfles of you! current mailing address, and the purchase price must have been more than $50. (Note: Neitherof these are necessary il your purchaSe was based on an advertisement we mailed to you, or 'rf we OWn the company that sold you the goods or services.) 2. You must have used your aeditcard for the purchase. Purchases made with cash advances from an ATM or with a check that accessesyour credit card account do not qualify. 1f ali of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or eienmnkally at Discover P0 Box 30945 ' We cannottry to coHecl the amount in quesfion, or report you as definquent on that amount 0 The charge in question may continue to appear on your statement I Wh'fle you do not have to pay the amount in question, you are responstbfe for the reminder of your ba1ance. - We can apply any unpaid amount againstyourcredit limit. .4. Salt Lake City, UT 84130-0945 httpswdiscover‘comlbillingerromotice While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our dedsion. At that point, if we think you owe an amount and you do not pay, we may reporlyou as delinquent. .//(/ LDmNOCN-th-l NMMNMNNMNAAAAg-XAAAA m‘xlmm-hCDN-‘OOWNCJm-PODN-‘O Brian N. Winn (State Bar N0. 86779) Laura M. Hoalst (State Bar No. 101082) Jacky P. Wang (State Bar N0. 222464) Jason M. Burrows (State Bar No. 309882) Winn Law Group, A Professional Corporation 110 E Wilshire Ave Ste 212, Fullerton CA 92832 Telephone: (714) 446-6686, Fax No.: (714) 446-6680 File No: 20-09092-0-CWO-JPG-CL1WW (3000-00) Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY, SAN JOSE DISTRICT DISCOVER BANK, Plaintiff, Case No. ZOCV373983 S DECLARATION RE: ADJUSTMENT V 0F AMOUNT PRAYED FOR [N COMPLAINT FOR COMMON VINCENT VU, et a1., COUNTS Defendant(s) I declaxe: 1. That I am duly admitted t0 practice law in the State of California and Plaintiff‘s attorney 0f record herein. 2. Plaintiff has submitted a statement as proof of the principal due and owing 0n this matter. The amount of principal due 0n statement reflects the sum of $7,125.47 wherein Plaintiff sued for the sum of $7, 124.22. The principal prayed for in Plaintiffs complaint is due to a credit or adjustment. Therefore, Plaintiff requests the principal amount prayed for in the Complaint for Common Counts filed on November 24, 2020. /// /// Page 1 DECLARATION RE: WAIVER OF AMOUNT PRAYED FOR IN COMPLAINT ©WVO§CN$QON4 NNNNMNNNNAAAAAAAAAA mflmmth-‘OQW‘JQU'IAOON-ko I declare under penalty of perjury that the foregoing is true and correct and this MAR O 9 2023 declaration was executed at Fullerton, California, 0nM [] Brian N. Winn fi/Laura M. Hoalst []Jacky P. Wang [ ] Jason M. Burrows Attorney for Plaintiff Page 2 DECLARATION RE: WAIVER OF AMOUNT PRAYED FOR IN COMPLAINT DISCOVER IT® CARD ENDING [N 5406 CARDMEMBER SINCE 2017 Account Summary ozizs‘izozo- 02/28/1020 Previous Balance $7,125.47 Payments and Credits $7,125.47 Purchases +$0.00 Balance Transfers +$0.00 Cash Advances +$0.00 Fees Charged +$0.00 Interest Charged +$0.00 New Balance: $0.00 See Interest Charge Calcuiationsection fotlowingthe Fees and Interest Charged section for detailed APR information Credit Line $6,400 Credit Line Available $0 Cash Advance Credit Line $1,400 Cash Advance Credit Line Available $0 ‘ YourFJCO® Score is unavailable. Log In at Discover.com/FICO or y g contact us at 1-800-347-2683 to learn why. L____ r. r ,7 A‘ \ V ,,.,. Payment Coupon Detach at perforation above and return with checkpayable t0 Discover. Do not fold, clip. staple orsend cash. VINCENT vu \W 3300 NARVAEz AVE spc sa .333: SAN JOSE CA 95136-1246 New address, email 0r phone? Please update on reverse. DISCOVER Payment Information . New Balance 50.00 Minimum Payment Payment Due Date 51,300.75 03/24/2020 Late payment warning: Ifwe do not receive your minimum payment by the date listed above. you may have to pay a late fee of up to $39.00. Notice: See reverse sidefor important information ACCOUNT NUMBER ENDING IN 51406 New Balance 50.00 Minimum PaymentDue 51,300.75 Payment Due Date 03/24/2020 Agnou nt Enclosed S M __ i Forafaster,easier g Uiscovemom g1-800-347-2683 ‘ wayw pay“ Seereverse forpaymentcutofftimes. PO BOX6103 CAROL STREAM IL 60197-6103 DISCOVER |T® CARD ENDING IN 5406 VINCENTVU lmportantlnfonnatlon SeeyourCardmemberAgreement. Your CardmemberAgreement contains all the termsofyourAccount. Lost or Stolen Cards. Report immediately! Call 1-800-347-2683. WhatTo Do lfYou ThinkYou Find A MlstakeOnYour Statement: Ifyou think thete is an erroron yourstatement, write to us at Discover. P0 Box30£21, Salt Lake City. UT 841300421. orsubmitthe form provided at http5://discovemomIblllingerromotice. You must contact us within 60 days after the errorappeared on yourstatement. You may call us. but lfyou do we are not required to investigate any potential errors. and you may have to pay the amount in question. The Billing Rights Notice further explainsyourrights. Please seeyourCaldmemberAgreementorvisit https:/ldiscover.com{billingrightsfora copy ofthis Notice. Payments. You may pay all or part ofyoumccount balance at anytime. However. you must pay at least the Minimum PaymentDue bythe PaymentDue Date. Send only yourallowable form ofpayment ('Payment') and the bottom portion ofthis statement in the envelope provided. afteraffixing postage. Payments sent without proper postage will be returned to the sender. lfyou pay by check, you authorize us to use information on your check to make an electronicfund tlansferfromyouratcount at the financiaiinsfitution IndIcated on yourcheck orto process the paymentas a check transaction. lfa Paymentis processed as an electronic fund transfer,the transferwlll be forthe amount ofthe check. funds may be withdrawn fromyouraccount as soon as the same daywe receive yourcheck. and you wlll not receive yourcheck back. Please do not send msh. Sending cash is not allowed. The processing ofyuur allowabie form ofPayment may be delayed ifyou send cash orcorrespondence with yourPayments. ifyou send the Paymentto any otheraddress. or ifyou use an envelope other than the one provided. Payments received at our processing facility by 5PM local time on any daywill be credited to yourAccount as ofthat day. Payments received at ourprocessing facilityafterSPM localtime will be credited to yourAccount as oflhe next day. lfyou have mispIaced yourenvelope, send yom Paymentto Discover. P0 Box6103. Carol Stream.lL 60197-6103. Please allow 7-10 days fordelivery. lfyourPaymentis returned unpaid. we reserve the right to resubmit it as an electronic debit. Payments made onllne orby phone before Midnlght Eastern Time on any day except your Statement Closing Date will be creditedas of the same day; on your Statement CloslngDate. onUneand phone payments must be made before 5:00 PM Eastern Time to he credited as of that day. You can also make a Paymentor set up automatic payments by callingl-BOO-Blfl- 2683. Automatic payments for the billing pexiod shown on yourstatementwlll be deducted on the Payment Due Date shown on that statement. or the next automatic payment date referred to on your statement. unless you request a recurring payment datethat occurs before yourPaymentDue Date. In urderto schedule monthly ayrnents by tetephone. you will need this statement and your bank account nformation.Youwill be asked to provide the lastfour (4) digits ofthe social security number ofthe primaw borrower asyour electronic signature. By providing those numbers. you will be agreeingto this authorization to allow us and your bank to deduct each paymentyou authorize. In the amount selected by you. florn your bank account. You also authorize us to Initiatedebit or credit entries to your bank account. as applicable, to correct an errorin the processing ofsuch payment. You can cancel or modify a payment from your bank account until 5:00 PM Eastern Time on the day such payment Ts scheduled bycatling‘l-BOO-347~2683 or by mail at Discover. PO Box 30421. Salt Lake City. UT8a130-0421. Same day onllne or phone payments from bank account made after 5:00 PM Eastern Time may be modified before Midnight EasternTimeofthat day. Payments from Cashback Bonus cannot be modified or cancelled after being made orscheduled. Ifyourpayments may vary in amount.we will teilyou on each monthly billing statementwhen your paymentwill be made and how much it will be. You must ensure that sufficient funds are availabIein your bank account. and all transactions mUSt complywith U.S‘ law. Change ofAddress lfcorrect on front. do not use. To make changes to your address. email orlelephone number. please print clearly in blue or blacklnk. in the space provided orvisit Discovemom. Page 2 0M OPEN T0 CLOSE DATE: 02/25/2020-02/28/2020 You can set up automatic payments for: (i) statement New Balance. (ii) statement Minimum PaymentDue, (iI'I') statement Minimum Payment Due plus a fixed dollar amount, or (iv) other dollaramount. Ifyourscheduled 'Other dollaramount' payment fs not enough to coverthe Minimum Payment Due as listed on yourmonthly billing statement. yourscheduled payment for that month will be Increased to cover the Minimum PaymentDue. ifthe scheduled payment ls greaterthan the Minimum PaymentDue. any excesswlll be applied in accordance with yourCardmember Agreement nyourscheduled payment is greaterthan the New Balance on yourbilling statement. that paymentwill be processed onlyforthe amountofyourNew Balance. Yourautomatlc payment amount may he less than the amount indicated on the billing statementbased on credits or payments afterthe Close Date. Ifyou enroll by phone in ourautomatic payment service, please fiEl~in the following blanks below and retain the authorization for yourrecolds. Amount OFull Pay OMin Pay OMin Paw» S OOtherAmount $ BankRouting# BankAccount fl Monthly on the OPayment Due Date. or O Day ofthe month (INSERTDATE) Credit Reporting. Credit Reporting. We may report information about yourAccount to credit bureaus. Late payments. missed payments. or other defaults on yourAccount may be reflected in yourcredlt report. We normally report the status and payment history ofyourAccount to credit reporting agencies each month. Ifyou believethat our report Is inaccurate orincomplete. please wflte us at this address: Discover, PO Box 30939. Salt Lake City. UT84130-0939. Ptease Include yourname. address. home telephonenumberand Account number. Payinglnterest.Yourdue date is at least 2S days afterthe close ofeach billing period (at least 23 days forbilling periods that begin in February). Wewill not charge you any Interest on Purchases [fyou pay yourentire balance by the due date each month. We will begin charging Interest on Cash Advances and Balance Transfers as oflhe laterof the Transaction Date or the first day ofthe biiling period in which the transaction posted to yourAccount. HowWe Calculate Interest Charges. We Use the Daily Balance Method fincluding current transactions) to calculate the Batance Subject to Interest Rate. For mote information. please call us at 1-800-347-2683. BalanceSubjectTo Interest Rate.Yourstatement shows a Balance Subject to Interesk Rate. It shows this for each transaction category. The BalanceSubject to Interest Rate is the average ofthe daily balances during the billing period. Credit Balances. IfyourAccount has a credit balance. the amountIs shown on the front ofyourbillingstatement.A credit balance is money that is owed Io you,You may make charges againstthis amount lfyourAccount i5 open. We will send you a refund ofany remainingbalance of$1.00 or more afteré months. uras otherwise required by applicable law, or upon request made to the address in the Contact Us section on page 3 ofyourbilling statement. BalanceTransfers. BalanceTransfers are offeted at ourdiscretion and accrue interest at the standard purchase rate unless we tell you otherwise. DIscover may monitorand/or record telephone calls between you and Discover representatives forqualityassurance purposes. Send Inquiriesto Discover. P0 Box 309a3. Salt Lake City. UT84130 The Discoveto card ls issued by Discover Bank, Member FDIC. DlT23-27.‘1219 SlreetAddress Home Phone Work Phone City Email Stale.2ip ONLINE PHONE PAYMENTS Discovemom 0r 1-800-347-2683 Discover dovxnloadourapp TDD 1-800-347-7449 PO 80x6103 CarolStream \L60197-6103 Transactions TRANS DATE PAYMENTS AND CREDITS AMOUNT 02/26 CASHBACK BONUS STATEMENTCREDIT -$1.25 02/29 INTERNAL CHARGE-OFF $7,124.22 Fees and Interest Charged TOTAL FEES FOR THIS PERIOD $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2020 TOTALSYEAR-TO-DATE CHARGED AMOUNT TOTAL FEES CHARGED 1N 2020 $78.00 TOTALINTERESTCHARGED IN 2020 $195.16 Interest Charge Calculation YourAn nual Percentage Rate (APR) is the annual interest rate on your account. CURRENT BILLING PERIOD: a DAYS PROMO BALANCESUBJECT 1NTEREST TYPE 0F BALANCE APR' APR EXPIRES" T0 INTEREST RATE CHARGE PurChases 16.69%V N/A $0.00 $0.00 Cash Advances 26.49%V N/A 50.00 $0.00 V 5 VARIABLE RATE * Ifyour account ls currentlyenrolled In a special program or is placed into one duringthe term ofthe offer, you will receive the benefit ofthe lowerratewhile the specia[ program is in effect. This includes.ifapp1icable. any lower rates as authorlzed underthe Servicemembers CivilReliefAct. "" This is the date yourpromotionalrate expires and the remainingbalancewfll be moved to yourstandard APR disclosed when you accepted the offer. Please note: Changingyourpayment due date may change yourPromoAPR Expiration Date. “" For more information. please call us at 1-8007347-2683. Information ForYou Page 30M mscovsR IT® CARD momam 5405 OPEN To CLOSE DATE: 02/25/2020- 02/28/2020 Cashback Bonus® Rewards PREVIOUS BALANCE $0.00 EARNED THIS PERIOD +$o.oo REDEEMED THIS PERIOD -$o.oo CASHBACKBONUS BALANCE $0.00 Avallability of FlCO® Credit Score A5 an active cardmember, you may see your FICOQ Credit Score 0n your monthly statement or online. Reasons why you may not see your FICOQ Credit Score include: if you opt out; 'rfyou have key information that Es mismatched or missing, as one example, an address change that has not been updated with Discover orTransUnion; If yourcredit history is too new; ifyour account status is abandoned, bankrupt. fraud. lost or stolen. closed, revoked, orcharged off; lfyou have a foreign address. Your FLCOQ‘ Score is disclosed 0n statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions, fees, interest. or payments for approximately 30 days. FICO Es a registered trademark ofthe Fair Isaac CorporatTon I'n the United States and other countries. DISCOVER ITO CARD ENDING IN5406 Page 4 of fi VINCENTVU OPEN TO CLOSE DATE: 02/25/2020 - 021'28/2020
