Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.April 26, 2021\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNt-‘OKOOOflaUl-bUJNHO E-FILED 4/26/2021 4:20 PM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay good 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 CV381 064 MANDARICH LAW GROUP, LLP - . - 13.0. Box 109032 Chicago, 1L 60610 ReV'ewed By' M' Dom” Phone: 877.285.4918 6318321 Facsimile: 818.888.1260 Attorneysfor Plaintifl: CA VALRY SPVI, LLC, ASASSIGNEE 0FDEPARTMENTSTORES NATIONAL BANK SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED CAVALRY SPV I, LLC, AS ASSIGNEE OF Case N0. 21 cv381 064 DEPARTMENT STORES NATIONAL BANK, Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT MARIANA HUERTAACEVES, an individual; and DOES 1 through 10 inclusive. . Defendant. DEMAND. $1,797.87 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF DEPARTMENT STORES NATIONAL BANK, and successor in interest t0 original creditor, Department Stores National Bank. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF DEPARTMENT STORES NATIONAL BANK 500 Summit Lake Drive Valhalla NY 10595. 3.P1aintiff is a debt buyer, and is the sole owner of the debt at issue. 4.The charge-off creditor at the time of charge-off is DEPARTMENT STORES NATIONAL BANK, 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108, and the account number associated With this debt is XXXXXXXXXXX9589. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 guez \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is MARIANA HUERTAACEVES, 899 N KING RD APT 13 10 , SAN JOSE, CA 95133-1582. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise ofthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application to the original creditor, Department Stores National Bank or made such application over the telephone or Internet. Pursuant to the aforementioned application, Department Stores National Bank provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXX9589 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 11.Defendant agreed t0 repay Department Stores National Bank and any successors in interest, for any charges 0n the Account including, but not limited t0, charges for purchase ofgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement to repay Department Stores National Bank and its successors in interest for the amount 0f the purchase and/or cash advances and/or balance transfers. 13.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n June 26, 2017. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 16.The debt balance at charge-off was $1,797.87, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $1,797.87. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Department Stores National Bank and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account With Department Stores National Bank, the Defendant(s) agree t0 reimburse Department Stores National Bank, and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing 0n the Account. Plaintiffhas been required COMPLAINT-3 0f 5 \OOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-bwwfi-‘OKOOONONUI-PWNHO to retain Mandarich Law Group, LLP to pursue collection of the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 through 23. 25.Within the past 4 years, an account was stated in writing in Which it was agreed that Defendant were indebted in the amount previously referenced herein. Although demand has been made upon Defendant, said amount 0f $1,797.87 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by Department Stores National Bank. Although demand has been made upon Defendant, said amount 0f $1,797.87 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \DOOQQUI-bUJNH NNNNNNNNNr-tr-KHt-KHHHHr-tr-t OOQONUIAUJNHOKDOOQQUI-PUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $1,797.87, 2. For reasonable attorneys fees pursuant to statute; 3. For costs of suit incurred; and 4. For such other and further relief as the Court deems just and proper. 5. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. Dated: 04/1 8/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 ym- / [X] Amber Swearingen-Ojuri, Esq. Attorneysfor Plaintifl EXHIBIT A TDEESI: i I . ’ZYMEHICAN B(PREss ® I ' ®Macy s American Express Account statement ' '1 ' _ _ _a Questions or lost/stolen card. Call Customer SerVIce1 877 204 7996 MARIANA HUERTAACEVES Go to macys.com/creditto manage and pay your account online. AccountNumberz-589 r . . W F . W Summary of Account ActIVIty Payment Information Previous Balance $1 71 .74 New Balance $73.55 Payments . $6000 Minimum Payment Due $30.00 Other cred'ts . "$921 9 Payment Due Date July 24, 201 7 Purchases/Other Debits +$25.00 Fees Charged +$29.00 Late Payment Warning: Ifwe do not receive your minimum payment by the date lnterest charqed 450.00 listed above, you may have to pay alate fee up to $37. 6 New Ba|ance $73.55 Minimum Payment Warning: Ifyou make only the minimum payment each period, you will pay more in interest and it will take you longer to pay offyour \PaSt Due Amount $000 J balance. For example: Fcredit Limit $4000.00 W If you make ,no adgitional You will pay off the. And you )NiIl Available Credit $3 926 00 charges usmg this card balance shown 0n this end up paymg an . ’ ‘ and each month you pay.“ statement in about... estimated total of... Statement Closmg Date 06/27/201 7 O I h . . h Next Statement Closing, Date 07/28/201 7 n yt e mm'mum payment 3 mom S $76 @ays in Billing Cycle 30 J \Ifyou would like information about credit counseling services, call-. J To allow us to better service your credit needs, please update your financial information on the back of the payment coupon. PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. *mocys P.O. BOX 8052 MASON, OH 45040-8052 Your Statement Enclosed MARIANA HUERTAACEVES 899 N KING RD APT 1310 SAN JOSE, CA 95133-1582 Page 1 of 6 Macy’s American Express Account Please return this slip with payment.Write account number on front of check.You can pay at any Macy’s store, online at macys.comlmymacyscard, or by mail. Payments received by mail by 5:00 pm local time at the address shown below will be credited as of the date received. Use reverse side for address changes. macy‘S star rewards This Account is Issued by Department Stores National Bank. MA18 Account Number:-589 Payment Due Date July 24, 201 7 New Balance $73.55 Minimum Payment Due $30.00 Amount Enclosed: $ Make Check Payable to: Macy's v Mail to address belowv Macy's American Express Account PO BOX 9001 1 08 LOUISVILLE, KY 40290-1 108 TDEESI: Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. There is no grace period on excluded promotional balances. If you have a balance subject to a Special Event promotion and that promotion does not expire before the payment due date, that balance (an “excluded promotional balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance. In addition, if you have a Club Plan balance, that balance (an “excluded promotional balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance. However, you must still pay any separately required payment on the excluded promotional balance. In billing cycles in which payments are allocated to Special Event balances first, the Special Event balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, so long as you pay the New Balance (less any excluded promotional balance, plus any separately required payment on an excluded promotional balance) in full by the payment due date each billing cycle. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method foryour account and how the resulting interest charges were determined, contact us at the Customer Service number on the front of this statement. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. vave receive yourpayment in properform at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form afterthat time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front ofthe payment coupon. The correct address for courieror express mail isthe Express Mail Address shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: 0 Enclose a valid check or money order. No cash, gift cards, or foreign currency please. 0 Include your name and the last four digits of your account number. Document Production Fee. We may charge you a fee of $3.00 per item if you request copies of previously provided records, such as Statements and sales checks. We will not charge you for documents produced in connection with a Billing Error investigation. Payment Other Than By Mail. 0 ln-Store. Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. 0 Online. Go to the URL on Page 1 of your statement to make a payment. For security reasons, you may not be able to pay your entire New Balance the first time you make a payment online. The payment cutoff time for Online Bill Payments is midnight Eastern time. This means thatwe will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. 0 AutoPay. Go to the URL on Page 1 of your statement to enroll in AutoPay and have your payment amount automatically deducted on your due date each month from the account you choose. 0 Phone. Call the phone number on Page 1 of your statement to make a payment. We may process your payment electronically after we verify your identity. The payment cutoff time for Phone Payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. 0 Express Mail. Send payment by courier or express mail to: Attn: Consumer Payment Dept, 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213. Payment must be received in properform at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in properform at the proper address afterthat time will be credited as of the next day. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Disputed Amounts. All communications concerning disputed amounts, including any check or other payment instrument in an amount less than the full amount due that you send to us marked “paid in full,” or which you otherwise tender as full satisfaction of a disputed amount, must be sent to us at P.0. Box 8097, Mason, Ohio 45040. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information to a credit bureau write us at: Credit Bureau Dispute Verification, P.0. Box 8218, Mason, 0H 45040. Bankruptcy Notices. If you send any notice for bankruptcy purposes relating to this account, you must mail it to the following address: Bankruptcy Processing, P.O. Box 8053, Mason, 0H 45040. Report a Lost or Stolen Card Immediately. Call the Customer Service number shown 0n page 1 0f this statement. For TDD/TTY (Telecommunications Device for the Deaf) assistance, call . What To Do If You Think You Find A Mistake 0n Your Statement. If you think there is an error on your statement, write to us at: Department Stores National Bank, P.O. Box 8097, Mason, Ohio 45040. In your letter, give us the following information: 0 Account information: Your name and account number. 0 Dollar amount: The dollar amount of the suspected error. 0 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days afterthe error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: 0 We cannot try to collect the amount in question, or report you as delinquent on that amount. 0 The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. 0 While you d0 not have t0 pay the amount in question, you are responsible for the remainder 0f your balance. 0 We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right notto paythe remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card forthe purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Department Stores National Bank, P.0. Box 8097, Mason, 0H 45040. While we investigate, the same rules apply to the disputed amount as discussed above. Afterwe finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. The Bloomingdale’s American Express Card program and Macy’s American Express Card program are issued and administered by Department Stores National Bank. American Express is a federally registered service mark of American Express and is used by Department Stores National Bank pursuant to a license. T09811 AmeXSL JAN1 6 MA-6325-7700-OOOO-ll- -63-N-D-9- - -//- -O- -44-//-F’- - -O-Y-//-O- - -O-O-O-//-12/31/99-02/01/17-4-June 27,2017-May 28,2017 N- - - -//-o- -MxeB-v-D-D- - - -//-v- -o-o- - -Y Page20f6 New information? For new address, telephone or email, go to macys.com/mymacyscard orenterthe new information below. To change your name, please indicate the new name below. Please update your financial information. Keeping our records current will allow us t0 better serve your credit needs. *Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. **Enter Email Address If you provide your email address, you authorize 1) the account issuer for this account to contact you about your account and tell you about useful products and services; and 2) Macy’s to email you information about receiving promotions, sales, special events and other offers. *Annual Income: Examples include salary, wages, interest, dividends, rental income, or retirement benefits. Ifyou are 21 or older, you may include income from others that you can reasonably access to pay your bills. Alimony, child support or separate maintenance income need not be revealed ifyou do not wish to have it considered as a basis for repaying this obligation. a RECYCLABLE EDEESE *mocy‘s Transactions outside of Macy's AMERICAN B(PRESS ® Account number ending in 9589 Transaction Date Description Location Amount Jun 26 PAYMENT - THANK YOU -$60.00 May 28 INC SHOES EASTRIDGE -$59.63 SALES TAX -$5.52 RECEIPT TOTAL -$65.1 5 May 28 *INTEREST* PREV CYCLE PURCHASES -$0.04 May 29 LATE FEE REVERSAL -$27.00 Jun 20 MYCHAEL LUU MD MYCHAEL LU SAN JOSE CA $25.00 Fees Transaction Date Description Amount Jun 24 LATE FEE $27.00 Jun 27 MINIMUM INTEREST CHARGE $2.00 TOTAL FEES FOR THIS PERIOD $29.00 Interest Charged Transaction Date Description Amount TOTAL INTEREST FOR THIS PERIOD $0.00 Total Fees Charged in 2017 $29.00 Total Interest Charged in 2017 $3.23 Purchases, Payments Cash Adv, . . . Previous 81 Other Fees & Interest New ACt'V'ty Detall Balance Credits other Debits Charged Balance TRAN SACTION S REGULAR $1 71 .74 -$1 52.19 $54.00 - $73.55 CASH ADVANCES REGULAR - - - - - TOTAL $1 71 .74 -$152.19 $54.00 $0.00 $73.55 Interest Charge Calculation Type_of Balance TRANSACTIONS REGU LAR CASH ADVANCES REGU LAR (V) = Variable Rate 26.24% (V) 26.24% (V) YourAnnual Percentage Rate (APR) isthe annual interest rate on your account. Annual Berténtag‘eRatemPBl Balfinga Subject to Interest Rate _.|_nt§r_est,,§harge-m $0.00 $0.00 Page 3 of 6 EDEESE *mocy‘s AMERICANB(PRESS ® Account number ending in 9589 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 6 EDEESE *mocy‘s star pass Y” * ‘ ‘L Exclusmns apply; see reverse for details. s“ . s Var 3 * 'i I J A L *Exclusionsapply;seereversefordetails. Page 5 of 6 EDEESE |- ----------------------------------------------------- T ----------------------------------------------------- 1 Valid on a wide selection of regular, sale and cleara nce items.* * EX(LUDES: bridal salons, (osmetics/fragrances, Deals ofthe Day, Doorbusters, eIectrics/electronics, Everyday Values, furniture/mattresses, Last Act, Macy’s Backstage, rugs, specials, Super Buys, Breville, Coach, Dyson, Fitbit, Frye, Hanky Panky, JackSpade, Kate Spade, KitchenAid Pro Line, Le Creuset, Levi’s, Locker Room By Lids, Marc Jacobs, Michael Kors Studio, Miche|e watches, Natori, Sam Edelman, Samsung watches, Shun, Stuart Weitzman, The North Face, Theory, Tumi, Vitamix, Wacoal, Wolford, Wiisthof, Tory Burch, UGG, littleBits, 3Doodler, Movado Bold, M by Macy’s Marketplace, athletic (Iothing/shoes/accessories; designer jewelry, designer sportswear, gift cards, gourmet foods, jewelry trunk shows, prev. purchases, restaurants, select licensed depts, services, special orders, special purchases, tech watches/jeweIry/accessories, wine; REG-PRICE: Burberry, Breitling, designer handbags/shoes, Impulse, CeCe by Cynthia Steffe, bridge sportswear, Dooney & Bourke, Eileen Fisher, Emporio Armani, eSpot, French Connection for her, Ghurka, Gucci, John Varvatos, Juicy, Karen Kane, Lacoste, Lalique, Lauren/Polo/Ralph Lauren/Denim & Supply, Lladro, Longchamp, Louis Vuitton, Marchesa, Michael Aram, MICHAEL Michael Kors/Michael Kors, NYDJ, premium denim brands, Sperry, Spanx, sterling flatware, Swarovski, Vera Wang, Vince Camuto for her, watches, Waterford and reg. price china/(rystaI/silver. Valid for Macy’s Cardholders only. Must use Macy’s Card 0r Macy’s Gift, Rewards or EZ Exchange Card & show Macy’s Credit Card at time of purchase. Can’t be combined with savings pass/(oupon/extra discount/(redit offer except opening new Macy’s account. Can’t be used as payment or credit on your account S savings allocated as discounts off each eligible item, as shown on receipt. When you return an item, you forfeit savings allocated to that item. No (ash value/may not be redeemed for cash. Purchase must be $30 or more, exclusive of tax & delivery fees. Excludes macys.com.Valid for a single purchase in-store. A|| currency references are in U‘S‘ Dollars. Printed in the U.S‘A‘ 00021063007630031514 0R, TAKE 15% OFF fine & fashion jewelry, sale and clearance watches and select home items. EX(LUDES: bridal salons, cosmetics/fragrances, Deals ofthe Day, Doorbusters, electrics/electronics, Everyday Values, furniture/mattresses, Last Act, Macy’s Backstage, rugs, specials, Super Buys, Breville, Coach, Dyson, Fitbit, Frye, Hanky Panky, Jack Spade, Kate Spade, KitchenAid Pro Line, Le (reuset, Levi’s, Locker Room By Lids, Marc Jacobs, Michael Kors Studio, Michele watches, Natori, Sam Edelman, Samsung watches, Shun, Stuart Weitzman, The North Face, Theory, Tumi, Vitamix, Wacoal, Wolford, Wilsthof, Tory Burch, UGG, littleBits, 3Doodler, Movado Bold, M by Macy’s Marketplace, athletic (Iothing/shoes/accessories, designer jewelry, designer sportswear, gift cards, gourmet foods, jewelry trunk shows, prev. purchases, restaurants, select licensed depts., services, special orders, special purchases, tech watches/jewelry/accessories, wine; REG-PRICE: Burberry, Breitling, designer handbags/shoes, Impulse, CeCe by Cynthia Steffe, bridge sportswear, Dooney & Bourke, Eileen Fisher, Emporio Armani, eSpot, French Connection for her, Ghurka, Gucci, John Varvatos, Juicy, Karen Kane, Lacoste, Lalique, Lauren/Polo/Ralph Lauren/Denim & Supply, Lladro, Longchamp, Louis Vuitton, Marchesa, Michael Aram, MICHAEL Michael Kors/Michael Kors, NYDJ, premium denim brands, Sperry, Spanx, sterling flatware, Swarovski, Vera Wang, Vince Camuto for her, watches, Waterford and reg. price (hina/(rystaI/silver. Valid for Macy’s Cardholders only. Must use Macy’s Card or Macy’s Gift, Rewards or EZ Exchange Card & show Macy’s Credit Card at time of purchase. Can’t he combined with savings pass/coupon/extra discount/(redit offer except opening new Macy's account Can’t be used as payment or credit on your account Extra Savings % applied to reduced prices. Valid in-store any single day. Date of redemption (Sales Associate: write in today's date) 00021063000530320511 Page 6 of 6 EXHIBIT B TDEESI: Your Statement Enclosed *macy‘s Macy's American Express® Account statement ' ’ '-a Questions or lost/stolen card. Call Customer SerVIce MARIANA HUERTAACEVES Go to macys.com/creditto manage and pay your account online. AccountNumberz-589 r . . W F . W Summary of Account ActIVIty Payment Information Previous Balance $1,721 .59 New Balance $1,797.87 Payments . = '$0~00 Minimum Payment Due $925.49 Other cred'ts . "$000 Payment Due Date February 24, 2018 Purchases/Other Debits +$0.00 Fees Charged +$37.00 Late Payment Warning: Ifwe do not receive your minimum payment by the date lnterest Charqed +$3928 listed above, you may have to pay alate fee up to $37. 9 New Ba|ance $1,797.87 Minimum Payment Warning: Ifyou make only the minimum payment each period, you will pay more in interest and it will take you longer to pay offyour \PaSt Due Amount $53334 J balance. For example: Fcredit Limit $0.00 W If you make ,no adgitional You will pay off the. And you )NiIl Available Credit $0 00 charges usmg this card balance shown 0n this end up paymg an Amount Over Credit Limit = $297‘87 and each month you pay.“ statement in about... estimated total of... Statement Closinq Date 01/28/261 8 only the minimum payment ”ears 53’164 Next Statement Closing Dale 02/25/201 8 $73 3 years {S .5232”) @ays in Billing Cycle 31 J ”vmw- Klfyou would like information about credit counseling services, call-. J Please see the enclosed privacy notice for important information. Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on your Statement Closing Date identified on your last statement, that payment will appear on your next statement. Fees Trangastipn .__D.a.te,, Desqrintiqn Amwm Jan 24 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00 * macy‘s star rewards PLEASE SEE IMPORTANT INFORMATION ON REVERSE SIDE. Page1 of 6 This Account is Issued by Department Stores National Bank. 8MA18 *mQCyS Account Number:-589 P.O. BOX 8052 Macy’s Amer'can ExPress Account Payment Due Date February 24, 2018 MASON, OH 45040-8052 Please return this slip with payment.Write account number on front of check.You can pay at any Macy’s New Balance $1l7g7°87 store, online at macys.comlcredit, or by mail. Minimum Payment Due $925.49 Payments received by mail by 5:00 pm local time at the address shown below will be credited as of the date received. . Amount Enclosed: $ Use reverse Side for address changes. Make Check Payable to: Macy's v Mail to address belowv Macy's American Express Account MARIANA HUERTAACEVES PO BOX 9001 1 08 899 N KING RD APT 1310 LOUISVILLE, KY 40290-1 108 SAN JOSE, CA 95133-1582 B?LIEIL EIEI‘IE'ELIEI EIL?‘IW3|? ElElEllaEIEIEI 56'=l 1613 TDEESI: Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. There is no grace period on excluded promotional balances. If you have a balance subject to a Special Event promotion and that promotion does not expire before the payment due date, that balance (an “excluded promotional balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance. In addition, if you have a Club Plan balance, that balance (an “excluded promotional balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance. However, you must still pay any separately required payment on the excluded promotional balance. In billing cycles in which payments are allocated to Special Event balances first, the Special Event balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases, so long as you pay the New Balance (less any excluded promotional balance, plus any separately required payment on an excluded promotional balance) in full by the payment due date each billing cycle. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method foryour account and how the resulting interest charges were determined, contact us at the Customer Service number on the front of this statement. Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. When Your Payment Will Be Credited. vave receive yourpayment in properform at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form afterthat time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front ofthe payment coupon. The correct address for courieror express mail isthe Express Mail Address shown in the Express Mail section. Proper Form. For a payment sent by mail or courier to be in proper form, you must: 0 Enclose a valid check or money order. No cash, gift cards, or foreign currency please. 0 Include your name and the last four digits of your account number. Document Production Fee. We may charge you a fee of $3.00 per item if you request copies of previously provided records, such as Statements and sales checks. We will not charge you for documents produced in connection with a Billing Error investigation. Payment Other Than By Mail. 0 ln-Store. Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. 0 Online. Go to the URL on Page 1 of your statement to make a payment. For security reasons, you may not be able to pay your entire New Balance the first time you make a payment online. The payment cutoff time for Online Bill Payments is midnight Eastern time. This means thatwe will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. 0 AutoPay. Go to the URL on Page 1 of your statement to enroll in AutoPay and have your payment amount automatically deducted on your due date each month from the account you choose. 0 Phone. Call the phone number on Page 1 of your statement to make a payment. We may process your payment electronically after we verify your identity. The payment cutoff time for Phone Payments is midnight Eastern time. This means that we will credit your account as of the calendar day, based on Eastern time, that we receive your payment request. 0 Express Mail. Send payment by courier or express mail to: Attn: Consumer Payment Dept, 6716 Grade Lane, Building 9, Suite 910, Louisville, KY 40213. Payment must be received in properform at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in properform at the proper address afterthat time will be credited as of the next day. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Disputed Amounts. All communications concerning disputed amounts, including any check or other payment instrument in an amount less than the full amount due that you send to us marked “paid in full,” or which you otherwise tender as full satisfaction of a disputed amount, must be sent to us at P.0. Box 8097, Mason, Ohio 45040. Credit Reporting Disputes. We may report information about your account to credit bureaus. If you think we reported inaccurate information to a credit bureau write us at: Credit Bureau Dispute Verification, P.0. Box 8218, Mason, 0H 45040. Bankruptcy Notices. If you send any notice for bankruptcy purposes relating to this account, you must mail it to the following address: Bankruptcy Processing, P.O. Box 8053, Mason, 0H 45040. Report a Lost or Stolen Card Immediately. Call the Customer Service number shown 0n page 1 0f this statement. For TDD/TTY (Telecommunications Device for the Deaf) assistance, call . What To Do If You Think You Find A Mistake 0n Your Statement. If you think there is an error on your statement, write to us at: Department Stores National Bank, P.O. Box 8097, Mason, Ohio 45040. In your letter, give us the following information: 0 Account information: Your name and account number. 0 Dollar amount: The dollar amount of the suspected error. 0 Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days afterthe error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: 0 We cannot try to collect the amount in question, or report you as delinquent on that amount. 0 The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. 0 While you d0 not have t0 pay the amount in question, you are responsible for the remainder 0f your balance. 0 We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right notto paythe remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card forthe purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Department Stores National Bank, P.0. Box 8097, Mason, 0H 45040. While we investigate, the same rules apply to the disputed amount as discussed above. Afterwe finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. The Bloomingdale’s American Express Card program and Macy’s American Express Card program are issued and administered by Department Stores National Bank. American Express is a federally registered service mark of American Express and is used by Department Stores National Bank pursuant to a license. T09811 AmeXSL JAN1 6 MA - 6325-7700-0000-ll- - 63 - N - D - 9 - - - 198803 -//-E - 9 -X -44 -//- P - - - O - N -//- 7 - - - O - O - O -//- 12/31/99 - 02/01/17- 11 -August 14, 2017 - December28, 2017 N- - - -//-o- -MxeB-v-D-D- - - -//-v- -o-o- - -N Page 2 of 6 New information? For new address, telephone or email, go to macys.com/credit orenterthe new information below. To change your name, please indicate the new name below. *Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text. Your phone plan charges may apply. **Enter Email Address If you provide your email address, you authorize 1) the account issuer for this account to contact you about your account and tell you about useful products and services; and 2) Macy’s to email you information about receiving promotions, sales, special events and other offers. Sign up for electronic statements. It's fast, easy and convenient. Make the switch today! Go to macys.com/gopaperless a RECYCLABLE EDEESE *mOCyS % Account numberending in9589 Interest Charged Transaction Date Description Amount Jan 28 INTERESTCHARGE ON PURCHASES $39.28 TOTAL INTEREST FOR THIS PERIOD $39.28 Total Fees Charged in 2018 $37.00 Total Interest Charged in 2018 $39.28 Activity and Promotions Detail Original Purchases, Promotion Promotion Payments Cash Adv, Promotion DEferrEd Promotion Trans Trans Previous 81 Other Fees 81 Interest New Minimum Interest Expiration r Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date TRAN SACTIONS REGULAR - - 51,72 1 .59 - $37.00 $39.28 $1,797.87 - - - CASH ADVANCES Z REGULAR TOTAL $1,721.59 $0.00 $37.00 $39.28 $1,797.87 $0.00 $0.00 YourAnnual Percentage Rate (APR) isthe annual interest rate on your account.Interest Charge Calculation Type_of Balance ~ Ww;,A,tmu,a.|Percentageflate, (APR). Balame SubjeCt to Interest Rate __ Interest Charge; h ._ TRANSACTIONS REGU LAR 26.49% (V) s1 746.41 $39.28 CASH ADVANCES REGU LAR 26.49% (V) $0.00 $0.00 (V) = Variable Rate Page 3 of 6 EDEESE *mocy‘s AMERICANB(PRESS ® Account number ending in 9589 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 6 EDEESE For our everyday business purposes - such as to process yourtransactions, maintain your Yes N0 account(s), respond to court orders and legal investigations, or report to credit bureaus MDSNBE 01/17 WHAT DOES DEPARTMENT STORES NATIONAL BANK (“DSNB”) DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: - Social Security number and income - account balances and employment information - credit history and transaction history All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons DSNB chooses to share; and whether you can limit this sharing. Does DSNB shard? Cari you vlimit this Sharing? For our marketing purposes - Yes N0 to offer our products and services to you Forjoint marketing with other financial companies Yes No For our affiliates’ everyday business purposes - Yes N0 information about your transactions and experiences For our affiliates’ everyday business purposes - information about your creditworthiness Yes Yes For our affiliates to market to you Yes Yes For nonaffiliates to market to you Yes Yes fl - Call the number below - our menu will prompt you through your choice(s): Bloomingdale’s- (TDD/TTY:-) Macy’s (TDD/TTY:-) Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us any time to limit our sharing. Call the Customer Service number on the back of your credit card or on your billing statement. Page 5 of 6 EDEESE MDSNBE 01/17 Who we are 7 Who is providing You are receiving this notice from Department Stores National Bank, the bank that this notice? issues your credit card. How does DSNB protect my To protect your personal informétion from unauthorized access and use, we use personal information? security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does DSNB collect my We collect your personal information, for example, when you personal information? - provide account information or contact information - provide employment information or apply for a loan - use your credit or debit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t | limit all sharing? Federal law gives you the right to limit only - sharing for affiliates’ everyday business purposes - information about your creditworthiness - affiliates from using your information to market to you - sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. What happens when | limit Your choices will apply to everyone on your account. sharing for an account | hold jointly with someone else? Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. - Our affiliates include companies with a Citi name, including Citibank, N.A., and Macy’s and Bloomingdale’s. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. - Nonaffiliates we share with can include companies engaged in direct marketing and the selling of consumer products and services. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products and services to you. - Ourjoim‘ marketing partners can include other financial service companies. Other'Im ,ortant informer“ .' For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties except as permitted by Vermont law such as to process your transactions orto maintain your account. In addition we will not share information about your creditworthiness with our affiliates except with your authorization. For California Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process yourtransactions orto maintain your account. We may share your personal information, as permitted by law, with the retailer whose name appears on your card. You cannot limit this sharing. To limit our affiliates from marketing to you, you must limit our sharing of information with them. Do not limit this sharing if you want to receive affiliate marketing based on our sharing of your information. Important Information about Credit Reportinq We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Page 6 of 6