Complaint Limited 10K and 25KCal. Super. - 6th Dist.April 23, 2021Electronically filed by Superior Court of CA, County of Santa Clara, on 4/23/2021 2:28 PM Reviewed By:Ashley Mackenzie Case #21CV381070 Env #6306406 21CV381070 PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Harlan M. Reese, Esq. (CA Bar No. 118226) REESE LAW GROUP 3168 Lionshead Avenue Carlsbad, CA 9201 O 564072 TELEPHONE N0: 760/842-5850 FAX No. (Optional): 760/842-5865 E~MA|L ADDRESS (Optional): ATTORNEY FOR(Name): WELLS FARGO BANK, N.A. SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIPCODE: San Jose, CA 951 1 3 BRANCH NAME: SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT PLAINTIFF: WELLS FARGO BANK, N.A. FOR COURT USE ONLY DEFENDANT: NIKKI MONTGOMERY , E DOES 1 To CONTRACT COMPLAINT E AMENDED COMPLAINT (Number):E CRoss-COMPLAINT E AMENDED CRoss-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION Is A LIMITED CIVIL CASE CASE NUMBER: Amount demandedE does not exceed $10,000 exceeds $10,000 but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by this amended complaint or cross-complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff" (name or names): WELLS FARGO BANK, N.A. alleges causes of action against defendant* (name or names): NIKKI MONTGOMERY, 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 3. a. Each plaintiff named above is a competent adult Except plaintiff (name): Same as paragraph “1" above. (HE a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3) other (specify): Plaintiff is a National Banking Association organized under the National Banking Act, Title 12 of The United States Code. b.E Plaintiff (name): a. E: has complied with the fictitious business name laws and is doing business under the fictitious name (specify): b. E has complied with all licensing requirements as a licensed (specify): c. [:3 lnformation about additional plaintiffs who are not competent adults is shown in Attachment Sc. 4. a. Each defendant named above is a natural person [:1 except defendant (name): [j except defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) :1 a corporation (3) :1 an unincorporated entity (describe): (3) :1 an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe).- (5) E other (specify): (5) E other (specify).- * If this form is used as a cross~complaint, plaintiff means cross-complainant and defendant means cross-defendant‘ Page 1 of 2 Form Approved for Optional Use COMPLAINT_c°ntract Code of Civil Procedure, §425‘12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007] PLD-C-001 SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A. v. NIKKI MONTGOMERY, 4. 10. 11. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) E Doe defendants (specify Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. c. E Information about additional defendants who are not natural persons is contained in Attachment 4c. d.E Defendants who are joined under Code of Civil Procedure section 382 are (names): E Plaintiff is required to comply with a claims statute, and a.E has complied with applicable claims statutes, or b.E is excused from complying because (specify): This action is subjectto Civil Code section 1812.10 E Civil Code section 2984.4. This court is the proper court because a.E a defendant entered into the contract here.E a defendant lived here when the contract was entered into. a defendant Iives here now. . E the contract was to be performed here. C} a defendant is a corporation or unincorporated association and its principal place of business is here. [:] real property that is the subject of this action is located here.E other (specify): sorhsoaog The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Breach of Contract Common CountsE Other (specify): [:1 Other allegations: Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $22,002.86 b.E interest on the damages (1) E accordingto proof (2) E at the rate of (specify): percent per year from (date): c. attorney's fees (1) E of: $ (2) according to proof d. Other{specify): Plus costs of suit. Minus any payments made that have not yet been credited.E The paragraphs of this pleading aileged on information and belief are as follows Date: 4/16/2021 %fl Harlan M. Reese, Esq. (TYPE 0R PRINT NAME) (S|GNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish to verify this pleading, affix a verification.) PLD-C~001 [Rev. January 1, 2007] COMPLAINT_c°nfl-act Page 2 of 2 PLD-c-oom) SHORT TITLE: WELLS FARGO BANK, N.A. v. NIKKI MONTGOMERY, CASE NUMBER: FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT To Complaint E Cross -Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff (name): As stated in paragraph/section “1” above. alleges that on or about (date): January 26, 2003 a written E oral E other (specify): agreement was made between (name parties to agreement): Defendant and Plaintiff or Plaintiff's assignor set forth in “Exhibit 1" attached hereto. A copy of the agreement is attached as Exhibit 1, orE The essential terms of the agreement E are stated in Attachment BC-1 E are as follows (specify): BC-2. On or about (dates): Various dates after the contract was executed. defendant breached the agreement by E the acts specified in Attachment BC-2 the following acts (specify): Failing to pay as agreed. BC-3. Plaintiff has performed aH obligations to defendant except those obligations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreementE as stated in Attachment BC-4 as follows (specify): Damage in the amount of $22,002.86 BC-5. Plaintiff is entitled to attorney fees by an agreement or a statuteE of $ according to proof. BC-6. Other: Plus costs of suit. Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION_Breach of Contract Code of Civi| Procedure, §425.12 JudiCiaI Council of California www‘courfinfoca‘gov PLD-C~OO1(1) [Rev. Januaw 1, 2007] PLD-c-oo1(2) SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A. v. NIKKI MONTGOMERY, SECOND CAUSE OF ACTION-Common Counts (number) ATTACHMENT To Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): As stated in paragraph/section “1" above. alleges that defendant (name): becameindebtedto plaintiff E other (name): a. within the Iast four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. withinthe last E: two years fouryears (1) for money had and received by defendant for the use and benefit of plaintiff. (2) [j for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $ :1 the reasonable value. (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff the sum of $22,002.86E the reasonable value. (4) for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) E other (specify): CC-2. $22,002.86 , which is the reasonable value, is due and unpaid despite piaintiff's demand, plus prejudgment interest E according to proof E atthe rate of percent peryear from (date): CC-3. Plaintiff is entitled to attorney fees by an agreement or a statuteE of $ according to proof. 00-4. Other: Plus costs of suit. Minus any payments made that have not yet been credited. Page Page 1 of 1 Form Approved for Optional Use _ Code of Civil Procedure, § 425‘12 Judicial Council of California CAUSE OF ACTION common counts www.courtinfo‘cagov PLD-c-oo1(2) (Rev. January 1, 2009] VERIFICATION L Harlan M. Reese, Esq., declare: 1. I am an attorney at law admitted to practice before all courts of the State of California, and have my office in San Diego County, California; and am the attorney for Plaintiff in the above-entitled action. 2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent from the county in which I have my office, and for that reason, affiant makes this verification on Plaintiff's behalf. 3. I have read the foregoing Complaint. The allegations pertaining to venue and the nature of the action are true. AH other allegations are true based on information and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on 4/16/2021 , at Carlsbad, California. Harlan M. Reese, Esq. EXHIBIT 1 Page 1 of 8 Consumer Credit Card Customer Agreement & Disclosure Statement EXHIBIT 1 Visa® TABLE OF CONTENTS ‘ Your Contract With Us: §§§i§§£fi Using Your Account: mfi Changes To This Agreement: éfigffifijfl Fees And Interest: §§§L§Qfljl Billing Statements And Payments: §§9§§9§3J§ Other Important Information: mal Arbitration: $9M Your Billing Rights: §§§§§9§L§2 Active Duty Military Servicemembers and Their Dependents: §§§§E5313§ Interpreter Certification: §§Qi9£§fi Notice To Cafifornia Cardholders To our California customers who have discussed credit card terms and conditions with us in Spanish, Chinese, Korean, Viemamese, or Tagalog: Read Section 34 about interpreter certification before you activate your credit card. Lea la Seccién 34 sobre certificacién de intérprete antes de activar su tarjeta de crédito. Efifé’iiflafi‘fififik‘zfifiéfiiéfifi 34 Efifl’d ffiHHE/QEEj-fl a ?WBI fl%9fE% §€§¥3W7| 7510i} %9‘W 8115-01! E}? 34‘a‘% 21’2Al7! HFEI-IEL Héy doc Phén 34 vé Xéc nhén théng dich vién truc’rc khi quy vi kich hoat thé tin dung cfla minh. Basahin ang Seksyon 34 tungkof sa sertipikasyon ng tagapagsaling~wika bago mo i-activate ang iyong credit card. Your Contract With Us (1) Agreement. This contract for your credit card account ("Account“) includes the Credit Card Agreement ("Agreement“), the important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreement is a contract between Wells Fargo Bank, N.A. and each Account holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Annual Percentage A rate, shown as a percentage, used to calculate interest on the balance on your Account. Rate (APR) . . The time period between billing statements. Each billing statement shows a statement closing date which is the Blllmg Cycle or . . Billing Period last day ofthe Billing Cycle. The transfer of a balance from another credit account to your Account, including the use of a check that accesses Balance Transfer your Account. Card Any cards we issue to you or any devices we auow you to use to access credit on your Account. Use of your Card to get cash. Examples include using your card for Cash Advances through an ATM, bank teller or Wells Fargo Online, Overdraft Protection advances, Balance Transfers, or cash-Iike purchases such as money Cash Advance orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off-track wagers, other wagers, vouchers redeemable for cash or similar items. A device, other than your Card, like SUPERCHECK TM and mobile devices, that we allow you to use to access Credit Access Device credit on your Account. Important Terms of , . . . Your Credit Card A summary of your Accounts APRs, fees and other Important Information. Account New Balance The total amount you owe as of a statement closmg date. The sum of all unpaid amounts, including Purchases, Cash Advances, Balance Transfers, interest, fees and any Outstanding Balance other amounts that you may owe us. The date the Minimum Payment is due. lt will be at least 25 days from the statement closing date and will be Payment Due Date provided on your billing statement. Use of your Account to buy or lease goods or services. Cash Advances, Balance Transfers and cash-(ike Purchase transactions are not Purchases. Tax payments and associated fees are Purchases. Credit Limit This is the amount that is available for your use. We, Us, and our Wells Fargo Bank, N.A. You and Your The Account holder(s) who opened the Account. https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 2 of 8 (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or mailing address you provide for any Wells Fargo account or at any number that you call us from or at any number that we obtain by other means. Your consent allows us and any companies working on our behalf to service your account, to use any means to comact you including: automated dialing devices, prerecorded/artificial voice messages, maii, e-mail, text messages, push notifications, and calts to your cell phone, or any other data or voice transmission technology. You are responsible for any service provider charges you may incur as a result of us contacting you by any means, whether such charges are related to text, data, equipment or other plans. You will promptly notify us if you change any contact information, including your name, mailing address, e-mail addresses, or phone numbers. ff you have a joint Account, a notice to one of you will serve as a notice to both of you. We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and record any calIs between you and usV Using Your Account (4) Using Your Account. You may use your consumer credit card Account for Purchases, Balance Transfers, Cash Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to accept your Card or any other Credit Access Device‘ We may decline any transaction at any time. Your credit card may not be used to make a payment on any other Wells Fargo credit account. Cash Advances from ATMs. Cash Advances from ATMs may be limited by amount or frequency. The ATM owner may have additional restrictions. If the ATM owner charges any fee, that fee will be included as part of the total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an aulomatic Cash Advance from your Account to cover an overdraft on a linked Wells Fargo checking account. To cover an overdraft on a linked Wells Fargo checking account, we will advance the greater of - the amount of your overdraft; or ° $25.00 Except if - the amount of availabie credit on your Card is less than the amount of the overdraft or less than $25.00, we wilt then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to exceed your credit limit. If there is more than one person listed on the checking account (such as a joint checking account) that you have linked for overdraft protection, then: - You will be responsible for a1! overdraft protection advances regardless of which person writes the check or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and - You agree to aIIow us to disclose to any other person on your checking account, that this Card is linked to your checking account for overdraft protection. We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason. Credit Access Devices. SUPERCHECKS can be used to access your Account simiiar to writing a check on a deposit account. SUPERCHECKS checks wili post as a Balance Transfer only when they are included with a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They will include transaction fees and interest. Some restrictions apply to SUPERCHECKS; - They may not be written as payment on any Wells Fargo account. They may be used only by the person whose name is printed on the check. They must be written in U.S. dollars. They cannot be certified. You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services that you paid for using a SUPERCHECKS checkV We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHECKS check or advance at our discretion Third PartylMobile Devices. You or an authorized user may be permitted to load your credit card to an app on a smart phone, tablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or other transactions without presenting the cardV Any such Transactions are covered by this Agreement. We have no control over the device and cannot guarantee the performance of the deviceV Additionally: - You should protect the security of the device the same as your credit card or other valuable information. ~ There may be third party fees related to the transaction such as mobile carrier data or messaging charges. - We may, at any time, partially or fuily restrict your ability to make credit transactions through a third party/mobile device. You agree to notify us promptly if you remove or want to remove your Account information from any third party/mobile device. (5) Authorized Users. If you wish to have an additional Card issued in another person's name, please contact us and we will send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payment of the entire amount owed to us, including any Purchases, Balance Transfers or Cash Advances (and all related interest and fees) made by the authorized person. Ending Authorized User Privileges. If you want to end an authorized user's privilege to use your Account, you must: - Recover and destroy that person's Card. If you do not, you will continue to be liable for any charges made, even if you've advised us of your wish to cancel the priviIeges, unless you tell us to cancel all Cards and establish a new Account for you. - You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo Bank, N.A., P.O. Box 10347, Des Moines, IA 50306. In general, an authorized person is not obligated on this Account and is not liable for any Outstanding Baiance or any other charges made by you or by any other authorized person. In the event of the death of all fully liable cardhotders, authorized users‘ privilege ends automatically. After that, if any person uses the Card, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 3 of 8 You agree to notify each authorized person that they are subject to al! applicable sections of this Agreement. Information about Authorized Users. You agree to give us certain personal information about each authorized user. You must have permission from each authorized user allowing you to give us that personal information. This may include name, address, social security number, date of birth and citizenship. (6) Lost or Stolen Cards and Liability for Unauthorized Use, and Zero Liability Protection. You must notifil us immediate‘y if your Card or account information is Iost or stolen, or if you believe it's being used without your permission You may contact us by phone at 800-642-4720Qéi or in writing at Welfs Fargo Card Services, PO Box 10347, Des Moines, IA 50306. You agree to assist us in our investigation of the matter, If you do this and we find you not responsible, you wiH not be held liable for the unauthorized use of your Account. (7) Promise to Pay. When you use your Account or let someone else use it, you promise to pay the total amount of the Purchases, Cash Advances, and Balance Transfers, plus all interest, fees and other amounts that you may owe us. We may limit or ciose your Account, but the terms of this Agreement will apply until you pay the Account in full. (8) Credit Limit. We may assign the following limits to your Account: Cash Advance Limit. We may restrict the amount of your credit limit that can be used for Cash Advances. Your total credit limit wiH be provided with your Credit Card and shows on each of your bitling statements. You promise to use your Account only to the limits. 8f you exceed your total credit limit, we may atlow the transaction without increasing your total credit limit or deny the transaction. (f we atlow the transaction, we may treat that over Iimit amount as due with the minimum paymeni on your next statement. If you exceed the limits, you will still remain liabIe for all credit you receive. We can adjust your credit limit at any time, including automatic credit line increases for those who qualiny (9) Authorizations. We don‘t guarantee approval of transactions. We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in abuse, misuse or gaming in connection with earning or using points or attempt to do so, we may ciose or restrict your WeIIs Fargo credit card(s). Abuse, misuse or gaming includes, but is not limited to, making multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggregate substantially exceeds your credit limit. We also may limit the number of authorizations we aHow during a period of time. Transactions at some merchants (such as hotels, car rental companies, restaurants, and gas stations) may resutt in temporaw authorizations for amounts greater than the actual Purchase amount, This will make less credit available on your Account for severe! days, usually until the date the actual Purchase amount is received from the merchant If you give your credit card information to a merchant to bill your account for recurring payments, or to keep it on fiie for future purchases or payments, and your card number, expiration date, or security code changes, you should notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchants that participate in such sewices will receive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card information changes. You should always provide each merchant with your new card information because some merchants do not subscribe to such network semces, Changes To This Agreement (10) Change in Terms. We may change this Agreement at any time. These changes may apply to existing and future balances. We will give you advance written notice of the changes and a right to reject the changes if required by Iaw. We may require you to close your Account or take other actions if you reject the changes. Back to tog Fees And Interest (1 1) Fees. The following fees may apply to your account If they do apply, you will find the amount in the Important Terms of Your Credit Card Account. You agree to pay any fees that apply. Annual Fee. If your account has an annual fee it will be charged each year your account is open. The annua! fee wiH not be billed after your Account is closed‘ Balance Transfer Fee. This fee may be charged on a BaIance Transfer transaction. Cash Advance Fee. This fee may be charged on a Cash Advance from your Account. Overdraft Protection Advance Fee. This fee may be charged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you. Foreign Currency Conversion Fee. If you make a transaction in a foreign currency, Visa will convert 6t into a U.S. dollar amount. A foreign currency conversion fee may be charged when this is done. Late Fee. This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. Returned Check or Returned Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. Rush Plastic Fee. This fee may be charged if you requested expedited delivery for your credit card. Additionai fees may be charged if agreed between you and us. All fees will be added to the Purchases balance, except Cash Advance fees and Overdraft Protection fees which will be added to the Cash Advance balance on your Account. (12) Foreign Currency Transactions. If you make a transaction in a currency other than U‘S. dollars using a Visa Card, then Visa International "Visa" will convert the charge into a U.S, dollar amount. The exchange rate between the transaction currency and the bilting currency used for processing international transactions is either (a) a rate selected by Visa from the range of rates available in wholesa|e currency markets for the appiicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government- mandated rate in effect for the applicable central processing date. The currency conversion rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders the option of having Card transactions converted to U.S. dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined 50!er by the merchant involved in the transaction, and no foreign currency conversion fee is charged by the bank for the transaction (13) Rates. The following sections describe how we calculate the interest you owe each Billing Period. The Important Terms of Your Credit Card Account list the APRs https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 4 of 8 that apply to different types of baiances. Introductory Rates. Your account may be eligible for introductory ratesV This would be described in the Important Terms of Your Credit Card Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After any introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms. How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rate plus the applicabte "Margin". See the Important Terms of Your Credit Card Account for the "Margin“ on Purchases, Balance Transfers, Cash Advances, and overdraft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use the U,S. Prime Rate or the average of the U.S. Prime Rates (if there is more than one) pubiished in the "Money Rates“ column of The Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer published or is not available, we may select a simiiar index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment dueV If the APR changes due to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle. The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject to Standard APRs, the Standard APRs will not vary with the market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rates that apply to your account are listed in the Important Terms of Your Credit Card Account. Daily Periodic Rates. The daily periodic rates are calculated by dividing each applicable APR by 365. (14) Minimum Interest Charge. Your account may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge. (1 5) When we Charge Interest. For most transactions, interest will be charged beginning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the BiIIing Cycle following the Billing CycIe in which the fee posted to your Account. (1 6) Here's how ancl when specific Transactions, fees and credits are applied: - We add the amount of a Purchase or Batance Transfer to the Purchase balance as of the transaction date shown on your statement. - We add Balance Transfer fees to the Purchase balance as of the transaction date shown on your statement. - We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your statement. - We add Cash Advance Fees to the Cash Advance balance as of the transaction date shown on your statement. - We add the amount of any Overdraft Protection advance to the Cash Advance balance as of the transaction date shown on your statement. (17) How we Caiculate Interest. We begin by calculating the daily balance of each Transaction caiegory. Next we calcuIate the Average Daily Balance (ADB). Finatly, we calculate the interest. See each section below for details. 1. Calculating the daily batance: the daily balance is calcuiated separately for each Transaction category‘ We start with the daily balance from the end of the previous day. We add in any new Transactions and other charges, including interest accrued on the previous day‘s balance‘ This means interest is compounded daily. We then subtract any payments or credits. Example for the Purchase Transaction category: Daily batance for purchases from the previous day + New purchases + Fees and interest accrued on the previous day's Transaction category balance ~ Payments, credits and adjustments that posted that day = New daily balance for Purchases 2. Calculating the Average Daily Balance (ADB): we add up all the daily balances for the Billing Cycie starting with the beginning balance of the first day of the BiHing Cycle‘ This beginning balance wiil incfude any unpaid fees from the previous Billing Cycie and any late fees incurred during the current Bilting Cyclev Any daily balance that is a credit balance is treated as zero. We divide this amount by the number of days in the Billing Cycle, ADB = sum of daity balances + number of days in the Billing Cycle 3. Interest Calculation: we calculate the interest charge for each type of batance by applying the daily periodic rate to the ADB and multiplying this by the number of days in the Billing Cycle. Interest Charge = daily periodic rate X ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you have to pay your entire New Balance by the Due Date on your statement each Billing Period. You cannot avoid interest on Cash Advances or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing statement. Back t0 tog Biliing Statements And Payments (1 9) Billing Statements. If you have a balance on your account you will receive a billing statement. Your billing statement will show your Minimum Payment due and the Payment Due Date. (20) Payments. You may pay all or part of your Account balance at any time, but you must pay the Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimum Payment Due includes any amount past due plus the greater of: 1. The sum of late, returned check, returned payment, rush plastic, and annual fees and interest biiled during the Billing Cycte for which the Minimum Payment is calculated plus 1% ofthe New Balance shown on the biliing statement; or 2. $25.00 (or the entire balance on the Account if the New Balance is Iess than $25.00). We require you to pay any amount over the limit of your credit card account. However, that amount is not included in your Minimum Payment Due. https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 5 of 8 The Minimum Payment is rounded-up to the next highest whole dollar amount. Credits wiN not be used to meet the Minimum Payment. Payment Instructions. Follow these instructions when making a payment: 1. You must pay in U.S. dollars. 2. Payment must be made with a persona! check, money order or cashier's check and must be issued by a bank in the United States. 3. Electronic payments are accepted. 4. Do notmail cash. If you maii your payment, please mail to the payment address provided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the Iocation your payment is mailed to will be credited as of the date of receipt. If received after 5:00 pm. they will be credited on the following day‘ Payments made through Wetls Fargo Online Banking at wellsfargo.com wiIl be credited based on the cutoff time disclosed at the time of the transaction, If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be available if requested. Some of your available fine of credit may be held, at our discretion, until your payment is honored. You cannot pay this account using a Wells Fargo Bank, N.A. credit or Ioan account or any Wells Fargo affiliated company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on this Account. Generally, we wiH apply your Minimum Payment first to lower APR balances (such as Purchases) before baiances with higher APRs (such as Cash Advances). Payments made in excess ofthe Minimum Payment wiH be applied to balances with higher APRs first before balances with lower ones. We post payments to the Billing Cycle within which they are received Any payment in excess of the Minimum Payment due is applied based on the balances reflected on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to: Wells Fargo, P.O. Box 1031 1, Des Moines, IA 50306-031 1. Please note that if we accept such payments we have every right to pursue fufil payment. Back to tog Other Important Information (21) Default] Immediate Repayment of Balance in Full. Your Account wilt be in default, and we may require immediate payment of your total Account if: - You fail to pay a Minimum Payment by the Payment Due Date; - Any payment is returned; - You don't honor the terms ofthis Agreement; - You made an untrue statement on your application; OR - You file for bankruptcy‘ If this is a joint Account, a default by one of you will be a default by all of you. We may prevent further transactions and we may close your Account and other Wells Fargo Accounts If your account is in default you agree to pay our collection costs, attorney's fees, and court costs incurred in enforcing our rights under this agreement. (22) Re-Verification of Credit Information. We can review any information you provided on your credit application at any timeV This may include: - Requesting credit bureau reports; - Verifying your current credit standing; - Verifying your employment, assets and income records. (23) California Residents. We may also obtain information at any time from the California Department of Motor Vehicles. You agree to waive the address confidentiality requirements section of the California Vehicle Code (Section 1808.21 ). (24) Canceliation. We may close your Account at any time and for any reason. You may also close the Account at any time‘ If that happens, you must still repay the balance owed according to the terms of this Agreement, Joint Accounts may be canceled by either Account Holder. If we dose the account, notice may be provided to only one Account Holder. (25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. (26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of-court mutual agreement does not affect any of our rights to enforce this Agreement. (27) Phone Monitoring. We may monitor and record any of your phone cans with us‘ (28) Information Reporting. We may report information about you to consumer reporting agencies. The information that we report to consumer reporting agencies may include: - Account history; ' Account performance; - Account status; - Any violations of your account; and - Any violations of the terms of this Agreement. The same information may be reported to the consumer reporting agencies for any additional card holders. You may dispute the accuracy of the information that we report to consumer reporting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P_O. Box 14517, Des Moines, IA 50306-3517. Please describe https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 6 of 8 the information in detail that you believe is inaccurate and provide any supporting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party. You may not assign your Account or any of your obligations under the Agreement. (30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account Arbitration (31) Dispute Resolution Program: Arbitration Agreement. 1. Binding Arbitration. You and Wells Fargo Bank, N.A‘ (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate aII other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you and the Bank. it includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to access the Bank. It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitable claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall survive the payment or closure of your Account. YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL 0R TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the soie exception to this Arbitration Agreement you and the Bank retain the right to pursue in small claims court any Dispute that is within that court's jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compeHing arbitration. 2. Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, 0R T0 ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeabie administrator to be referred to hereinafter as the "Arbitration Administrator"), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes ("AAA Rules") To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disciose the existence, content, or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. 1f any of the provisions of this Arbitration Agreement deaiing with class action, class arbitration, private attorney generai action, other representative action, joinder, or consofidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable. 3‘ Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or persona! property; exercise seIf-heip remedies, inciuding setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment, or expiration of the Card or any other relationship between you and the Bank. 4. Fees and Expenses of Arbitration Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Piease check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Account limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardiess of which of us prevails in the arbitration. 5. Military Lending Act. The Arbitration Agreement may not apply to you if you are a covered borrower. Please see The Military Lending Act Notice in the Agreement for more information. Your Billing Rights Keep This Notice For Future Use. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. (32) What To Do If You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us at: Welis Fargo Card Services P.O. Box 522 Des Moines, IA 50306-0522 In your letter, give us the foltowing information: - Your name and Account number; - The date and dotlar amount of the suspected error. - If you think there is an error on your bill, describe what you believe is wrong and why you beiieve it is a mistake. You must contact us: - Within 60 days after the error appeared on your statement. - At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potentia! errors in writing at the address above. You may notify using other ways (including telephone), but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things: https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 7 of 8 1. Within 30 days of receiving your letter, we must ten you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bil! is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsibie for the remainder of your balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: - If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. - If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without aiso reporting that you are questioning your bitl. We must tell you the name of anyone to whom we reported you as delinquent, and we must Iet those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all ofthe following must be true: 1. The Purchase must have been made in your home state or within 100 miles of your current mailing address, and the Purchase price must have been more than $50 (Note: Neither of these are necessaw if your Purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the Purchase. Purchases made with Cash Advances from an ATM or with a check that accesses your credit card Account do not qualify. 3. You must not yet have fully paid for the Purchase. If all ofthe criteria above are met and you are still dissatisfied with the Purchase, contact us in writing at: Wells Fargo Card Services PO Box 522 Des Moines, tA 50306-0522 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision‘ At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. $291330 €09 Active Duty Military Servicemembers and Their Dependents (33) The Military Lending Act Notice: Federaf Law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the costs of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the cost associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee charged (other than certain application fees for specified credit transactions or accounts), and any participation fee charged (other than certain participation fees for a credit card account). You may contact us at 1-844-309-0044fiis for information about the Military Annual Percentage Rate and a description of your payment obligation. The Arbitration Agreement does not apply to you if you are covered by the Military Lending Act nor do any provisions that waive any right to legal recourse under any state or federal law to the extent required by the Military Lending Act. Back t0 tog Interpreter Certification (34) Interpreter Certification. If you choose to discuss your credit card account with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog, please read the following. By signing, using or activating the credit card issued to you, you certify to us that: You have discussed the Customer Agreement and Disclosure Statement with your interpreter and have been given the opportunity to discuss and negotiate with us the terms and conditions contained in these documents. Your interpreter is at least 18 years old and is fluent in both English and in the language in which you chose to discuss with us the terms and conditions of your credit card Account. You understand and agree to the terms and conditions contained in these enclosed documents. Certificacién de lntérprete (34) Certificacién de lntérprete. Si usted opta por conversar sobre su cuenta de tarjeta de crédito con nosotros en espafiol, chino, coreano, vietnamita o tagaio, lea Io siguiente. Al firmar, utilizar o activar la tarjeta de crédito emitida a su nombre, usted certifica ante nosotros que: - Usted ha analizado e! Contrato del Cliente y Declaracién de Divulgacién con su intérprete, y que usted y su intérprete han tenido fia oportunidad de anaIizar y negociar con nosotros Sos términos y condiciones contenidos en estos documentos, https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9 Page 8 of 8 - Su intérprete tiene por Io menos 18 afios de edad y habla con fluidez tanto en ingle’s como en el idioma que usted haya elegido para conversar con nosotros sobre los te'rminos y condiciones de su Cuenta de tarjeta de crédito. - Usted entiende y esté de acuerdo con los términos y condiciones contenidos en estos documentos adjuntos. flfiééfififi (34)fl’$%3€fi finfiffififlflfifi?am £th fian‘ fifi$fi§§3¥fi%5flfififi§fiféfiffififififi$fiy fifiififlTWfia Ewfig {Efiififififififiéfiffifififgfif EDiEzTWflfiiFfififlfi ffiaéfififlkfiflfiflfififififiifl (glfi’fiéfl fl (WEEEEM , Efiflfiwfiflfifififififififfliflfifigxfififiwfiéflfiflfifio 1&Wflfi駢$7fi 18 fl, fltflfifififlmfi€gfiéfififfia¥1§fiffiflfifi§fififfiH‘Jféfiiwabfififififfifififlfifigéo - 1EEE¥§EEJ§£§$E$WE§I4¢$591%~%W1%1¢e (34) €99} “5. $9M} 1%. $13M fl§flE IIIZEMI 33.31 Al-E‘S’a' fiifl‘fl ,§=‘#01, 65.5.101, 91%01, “135301 EE': Ef’éiloii X1112} 521°}7IE 0H“.'73 ?ntf-S- Al ?WOMI ”EEEJ .J%7}E §- MgOMLf E‘ééfELEN, ?Ifi EX1301!?“ Ef" Mg“; ?%‘WMI 5.;qu ° 115% ?|5f91 §qkf9f %”fll"‘7“ %9W E'é %7H ESMW 1J5}! inglé' 9x231 OIEF°J EMOfl EEEE' °4£*% X‘lfilgf EBWE EMF; 7l§|% 7W‘Q-l-ICF Lg3H2 HIE} 91*3301l 335}! 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Béng viéc ky, SCI) dung hoac kich hoat thé fin dung dé cép cho quy vi, quy vi chL'vng nhén vc’yi Chang téi réng: - Quy‘vj dé théo luén véi thépg dich vién cfia m‘mh vé Théa Thuén Kha‘ch Hang vé Tuyén 86 Tiét L6 Théng Tin Va dé cé co' héi trao déi Va thuong qung véi chL’Ing téi vé ca’c diéu khoén Va diéu kién néu trong nhfrng tai Iiéu nay. - Théng dich vién 013a guy vi téi thiéu 18 tuéi vé théng thao cé tiéng Anh Ién ngén ngCP mé quy vi dé chon sfy dung dé théo luén vc'yi chl’mg téi vé ca’c diéu khoén vé diéu kién Iién quan dén tru’o’ng muc thé tin dung cfia quy vi. - Quy v; hiéu v2 dang y voi cac diéu khoa’n va diéu kien dwqc néu trong nhtmg tai Iiéu dinh kem nay. Sertipikasyon ng Tagapagsaling-wika (34) Sertipikasyon ng Tagapagsaling-wika. Kung pipiliin mong talakayin ang iyong credit card account sa amin sa wikang Spanish, Chinese, Korean, Vietnamese, o Tagalog, pakibasa ang sumusunod. Sa pamamagitan ng pagiagda, paggamit o pag-activate ng credit card na ibinigay sa iyo, pinatototohanan mo sa amin na: - Tinalakay mo ang Kasunduan ng Kostumer at ang Pahayag ng Pagsisiwalat sa iyong tagapagsaling-wika at nabigyan ka ng pagkakataong talakayin at makipagkasundo sa amin sa mga tuntunin at kundisyong nilalaman ng mga dokumentong ito. - Ang iyong tagasafing-wika ay wala pang 18 taong gulang at lubos na marunong sa Ingles at sa wika na napili mo para talakayin sa amin ng mga tuntunin at kundisyon ng iyong credit card Account - Nauunawaan at sinasang-ayunan mo ang mga tuntunin at kundisyong nakasaad sa mga nakaiakip na dokumentong ito. Wells Fargo Card Services PO Box 10347, Des Moines, IA 50306 1-800-642-4720a‘gé Hearing and Speech Impaired Customers, ca" the TTY number 1-800-419-2265xgé Core 11/19 M-1 28582 LS 9379 https://puvrw99a0007.Wellsfarg0.com:8443/disclose/DisclosureServlet 10/22/20 1 9
