Complaint Limited Up to 10KCal. Super. - 6th Dist.April 28, 2021KOOONQUILWNu-t NNNNNNNNNHHh-b-Hb-b-h-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO E-FILED 4/28/2021 11:14 AM Christopher D. Mandarich SB 220693 C'erk 9f court Ajay Sood 33325294 Superlor Court of CA, Hayk Stambultsyan SB320973 County Of Santa Clara Amber Swearingen-Ojuri SB324653 21 CV381 1 14 MANDARICH LAW GROUP, LLP - . - 13.0. Box 109032 Chicago, 1L 60610 ReV'ewed By' M" Dom'“ 877.285.4918 6333177 Facsimile: 818.888.1260 Attorneysfor Plaintifl: UHG ILLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED UHG I LLC, Case No. 21 CV381 1 14 Plaintiff, COMPLAINT FOR: VS. 1. BREACH OF CONTRACT Nicolle Marshall, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant DEMAND: $5,047.01 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1. Plaintiff is and at all times herein mentioned, UHG I LLC, and successor in interest t0 original creditor, CashNetUSA. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: UHG I LLC; 6400 Sheridan Dr Suite 138, Williamsville NY 14221. 3. Plaintiff is a debt buyer, and is the sole owner of the debt at issue. 4. The charge-off creditor at the time of charge-off is CNU OF CALIFORNIA, LLC, D/B/A CASHNETUSA, 175 W. JACKSON BLVD.SUITE 1000, CHICAGO, IL 60604, and the account number associated with this debt is XXXX5247. 5. Plaintiff is informed and believes that Defendant are individuals who currently reside within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. COMPLAINT-l 0f 5 guez KOOONONUILWNr-t NNNNNNNNNHh-h-b-Hb-h-th-HH OOVQKJIJ>UJN~OKOOOQONM$UJNHO 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 Nicolle Marshall , 7362 RAINBOW DR #3 , CUPERTINO, CA 95014. 7. Plaintiff is unaware of the true names or 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 to show their true names and capacities once ascertained. 8. Plaintiff believes and at all times mentioned herein, each 0f 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 of 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 application t0 the original creditor, CashNetUSA or made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, CashNetUSA provided Defendant with a credit account, and granted use privileges on the same, account number XXXX5247 (hereinafter “Account”). 10. Prior t0 the commencement of this action, the Account was assigned for value to the Plaintiff and Plaintiff is its current holder. 11. Defendant agreed to comply With the terms governing the use of the Account, as it was amended from time t0 time, including repaying CashNetUSA and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase ofgoods and service and/or cash advances and balance transfers along with late charges, over limits charges related thereto. 12. Defendant used the Account t0 make purchases and/or to take cash advances and/or to make balance transfers. Each time the Defendant used the Account t0 purchase goods and services and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 COMPLAINT-2 0f 5 KOOOVONUILUJNr-t NNNNNNNNNh-h-kb-Ab-Ab-b-h-HHH OONQUl-PUJNF-‘OKOOONONKII-PUJNF-‘O repay CashNetUSA and its successors in interest for the amount of the purchase and/or cash advances and/or balance transfers, along With such other charges as may be assessed pursuant t0 the terms governing the Account. 13. The date of last payment 0n the subject account was on October 27, 2017. 14. Within the last four years, the Defendant failed to make payments as agreed on the Account. Defendant has failed, refused and neglected t0 pay amounts due 0n the Account. 15. The debt balance at charge-offwas $5,047.0 1 , and upon information and belief there is $0.00 in post charge off fees and there is $0.00 in post charge off interest. 16. Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $5,047.01. 17. Although demand has been made upon said Defendant t0 pay said amount, n0 part has been paid, and it is now due and owing. 18. Upon information and belief, CashNetUSA and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 19. Plaintiff has complied With California Civil Code Section 1788.52. 20. Plaintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Loan File provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 21. Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 22. Upon opening the Account with CashNetUSA, the Defendant agrees to reimburse CashNetUSA, and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing 0n the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP t0 pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Breach 0f Contract) 23. Plaintiff refers to and incorporates paragraphs 1 through 22. COMPLAINT-3 0f 5 \OOOflQUl-RUJNH NNNNNNNNNHr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNh-‘OKOOOQQUl-bUJNF-‘O 24. CashNetUSA extended a credit loan to the Defendant. 25. Defendant accepted the terms and conditions 0f the Account by Defendant use 0f the Account t0 make purchases and/or t0 take cash advances and/or t0 make balance transfers. 26. Defendant have breached the terms and conditions governing the Account by failing to pay amounts due and owing on the Account. 27. As a direct and proximate result thereof, Plaintiff has been damaged in the amount of $5,047.01. SECOND CAUSE OF ACTION (Open Book Account) 28. Plaintiff refers to and incorporates paragraphs 1 through 27. 29. Within the past 4 years, Defendant and each 0fthem became indebted in the amount 0f the previously mentioned herein for a balance due 0n a book account for goods sold and delivered and/or services rendered by CashNetUSA. Although demand has been made upon Defendant, said amount 0f $5,047.01 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 0f 5 KOOONONUI-bUJNr-t NNNNNNNNNHh-kb-Ab-Ab-b-h-h-Hb-t OONQMJ>WN~O©OONONM$UJNHO WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $5,047.01, 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 0f this Court. Dated: 04/15/2021 By: MANDARICH LAW GROUP, LLP COMPLAINT-5 0f 5 ah/M X]Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A CALIFORNIA CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE Disbursement Date: Sep 01 2017 Payment Date: Mar 15 2019 Account #2 -5247 Type of Contract: New Loan LICENSED LENDER'S OFFICE License Number: 603 H010 CNU ofCalifornia, LLC, d/b/a CashNetUSA I 75 W. Jackson Blvd, Suite 1000, Chicago, IL 60604 (888) 801-9075 BORROWER nicolle marshall 7362 rainbow dr #3 cupertino, CA 95014 In this California Consumer Installment Loan Agreement and Promissory Note (hereinafier the “Loan Agreement”), the words “you,” “your,” mean the borrower who has electronically signed it. The words “we”, “us” and “our” mean CNU of California, LLC d/b/a CashNetUSA. We are a consumer installment lender. The loan is made pursuant to the California Finance Lenders Law, Division 9 (commencing with Section 22000) of the Financial Code. The Department of Business Oversight regulates us. FOR INFORMATION CONTACT TI-IE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. You may contact our regulator at the California Department ofBusiness Oversight, Consumer Services Office, 320 West 4th Street, Suite 750, Los Angeles, CA 90013-2344. The Department’s website is http://www.corp.ca.gov/default.asp. The Department’s phone numbers are: (213) 576-7500 or (866) 275-2677. You represent that you obtain this loan for personal, family, or household purposes. In order to complete your transaction with us, you must electronically sign this Loan Agreement by clicking the “I Agree” button below. We will then approve or deny the Loan Agreement. If the Loan Agreement is approved, it will be consummated as of September 01, 2017 and we will use commercially reasonable efforts to deposit the loan proceeds into Your Bank Account on the Disbursement Date designated above. We rely on the representations ofyou and other parties in determining the Disbursement Date. Despite our best efforts, unavoidable delays as a result of inadvertent processing errors and/or “acts ofGod” may extend the time for the deposit. FEDERAL TRUTH IN LENDING DISCLOSURES PERCENTAGE FINANCE CHARGE Amount Financed Total ofPayments as a yearly rate. credit will cost you. you or on your behalf. made all payments as scheduled. |184.75% $5687.10 |$2600.00 $8287.10 lYour Payment Schedule will be: I The cost of your credit The dollar amount the [I‘he amount of credit provided to The amount you will have paid afier you have 17 10/13/2017 10/27/2017 11/10/2017 11/24/2017 12/08/2017 12/22/2017 1/05/2018 1/19/2018 18 16/2018 18 16/2018 18 13/2018 /2018 11/2018 18 18 18 /06/2018 /20/2018 18 17/2018 1/2018 14/2018 18 10/12/2018 10/26/2018 11/09/2018 11/23/2018 12/07/2018 12/21/2018 1/04/2019 1/18/2019 1/2019 15/2019 1/2019 15/2019 Are Due Security You are giving an ACH Authorization as security for this loan. Late Charge If a payment is more than 15 days late, you will be charged $15.00. Prepayment Ifyou pay off early, you will not have to pay a penalty. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and lack ofpenalties. UP: 14/364 The Itemization ofAmount Financed provision discloses the actual amount of cash you receive and retain. It also discloses the funds paid to third persons. It also discloses any fees, charges, costs, insurance premiums, or other sums you paid or we pay on your behalfwhen we make the loan. Itemization ofAmount Financed: $2600.00 $2600.00 Amount given directly to you PROMISE TO PAY AND CALCULATION OF INTEREST You promise to pay us $2600.00 (the amount of the principal) plus interest as set forth in this paragraph from the Disbursement Date of this Loan Agreement until the final installment due date set forth in the Payment Schedule above (“Maturity Date”). You also promise to pay any other charges provided for under this Loan Agreement. The Finance Charge disclosure above represents the amount of interest you will pay under this Loan Agreement assuming you pay all your scheduled installment payments when due. You promise to pay us the amounts scheduled on the dates set forth in the Payment Schedule above. Time is of the essence. We charge interest under an adjusted daily simple interest method at the annual rate of 189.00% (“Contract Rate”). Interest shall not be payable in advance or compounded. We apply the Contract Rate to the "Adjusted Principal Balance" from the Disbursement Date until the earlier of (i) the Maturity Date, (ii) prepayment in full, or (iii) acceleration pursuant to the default provisions. The term "Adjusted Principal Balance" (hereinafier the "APB") means the loan principal balance that would be outstanding assuming you make each payment timely, less any additional prepayments ofprincipal. The APB will be less than the outstanding loan principal balance ifyou timely make all payments as scheduled and prepay principal. The APB will also be less than the outstanding loan principal balance if you fail to make a timely payment as scheduled herein. The APB will equal the outstanding loan principal balance ifyou timely make all scheduled payments and no other payments. We will credit any payment made by check or money order as of the date we receive it, if the payment (A) is received by 5:00 p.m. Central time at the following address: CNU Holdings P.O. Box 206739, Dallas, TX 75320; (B) is paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (C) includes your account number on the memo line or elsewhere on the front of the check. A payment satisfying these requirements that is received afier 5:00 p.m. Central time at the address above on any day (including the payment due date) will be credited as of the next day. Credit for any other payments may be delayed up to five (5) business days. Consent to Electronic Communications The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the "Consent"). By electronically signing this Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that: 0 You are entitled to receive certain information from us in writing. Because CashNetUSA is an online-only service, for you to apply for and obtain a loan from us or our third-party lending partners, we need your consent to receive all information and disclosures regarding your loan electronically. Any disclosure, notice, record or other type of information that is provided to you in connection with your transaction, including notices of adverse action or any other disclosure, may be sent to you electronically by posting the information at our web site, www.CashNetUSA.com, or by sending it to you by e-mail at the address you provide. We may also provide any information even ifyou consent to receive information electronically. 0 Although we do not have to provide any information in paper form unless you specifically request it, you may obtain a copy of any information at no charge by contacting us at 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604, by calling us at 888.801.9075 or by emailing us at support@cashnetusa.com. You also can withdraw your consent to future electronic communications in the same way by asking us to send future communications in paper form. 0 You must keep your email address current with us. You must promptly notify us of any change in your email address. You may change the email address on record for you by going to the User Profile Page and updating your contact information. 0 To receive electronic communications in connection with this transaction, you will need a working connection to the Internet; a current version of a supported browser (Internet Explorer version 8.0 or above, Firefox version 25.0 or above, Safari version 6.1 or above, or Chrome version 36.0 or above); a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader); an active email account; and a computer, software, and an operating system capable of supporting all of the above. We reserve the right to discontinue support of a current version of a browser or other sofiware if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our web site. In order to retain records, you will also need either a printer connected to your computer to print the information or sufficient electronic storage space available on a hard disk, flash drive, etc., to save the information (e.g., 1 megabyte or more). 0 If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic communications from us, we will give you notice of the revised hardware or sofiware requirements. Your continued use of any of our online services afier receiving notice of the change means that you acknowledge that you have the necessary hardware and software to meet our revised requirements and consent to continue to receive electronic communications from us. By electronically signing this Agreement by clicking the "I Agree" button below, you are confirming that: (1) you agree to our Consent to Electronic Communications; and (2) you have the necessary hardware and sofiware to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and View PDF files. RESCISSION and PREPAYMENT You shall have the right to make payment in advance and in any amount on this Loan Agreement at any time. You will not incur an additional charge, fee or penalty for prepayment. Prepayments ofprincipal may reduce the total amount of interest you are scheduled to pay under this Loan Agreement. To rescind future payment obligations under this Loan Agreement and receive a refund of the finance charge, you must (i) inform us in writing Via fax (866.326.5265) or email (support@cashnetusa.com) ofyour intent to rescind no later than 4:00 PM Pacific Time on the next business day immediately following the Disbursement Date (“Rescission Deadline”), and (ii) give us written authorization to effect a debit entry to Your Bank Account, defined in the Repayment Authorization below, for the principal amount of the loan. Ifwe receive payment of the principal amount of the loan Via such authorization, then we will refund the interest owing and rescind the future payment obligations under this Loan Agreement. Thereafier, ifyou prepay this Loan Agreement in full or in part, no earned interest will be refunded. To process a partial or full prepayment or receive a payoffbalance, you should call us or tell us in writing Via fax (866.326.5265) or email (support@cashnetusa.com) ofyour intent to prepay. Please note that the payoff amount will be calculated as of the date we debit Your Bank Account for the balance owing. APPLICATION OF PAYMENTS Payment will be applied first to satisfy any past due installment amounts owing (in the order originally scheduled), and then to any currently scheduled installment amounts owing. Ifyou are past due, we credit all payments received first to the oldest past due amounts owing by applying such to late charges, then to accumulated but unpaid interest, and then to past due principal owing. We repeat the process until all past due installments (as originally scheduled) have been paid in full. If you are not past due, we credit all payments to the current or upcoming scheduled installment by applying such to interest, and then to principal as of the date received. If an early payment is less than the scheduled installment, then you must pay the difference on or before the upcoming installment due date. Early payments, which equal or exceed a scheduled installment, will satisfy the upcoming installment. Excess payments received on a scheduled installment due date will be credited to principal at the time made and not credited to upcoming installments. Therefore, you must pay the next installment as scheduled. Payment ofprincipal may reduce (i) total amount of interest you are scheduled to pay under this Loan Agreement, (ii) the number ofpayments, and/or (iii) the final payment. ACH AUTHORIZATION FOR YOUR LOAN PROCEEDS You authorize us to initiate an ACH to credit the checking or savings account specified in your Application/Data Verification form (“Your Bank Account”) with the proceeds ofyour loan. In the event that we make an error in processing this ACH (or any other ACH), you filrther authorize us to initiate an ACH to correct the error. You authorize us to initiate credit ACH entries to Your Bank Account as may be necessary to obtain an accurate balance under this Agreement. AUTHORIZATION FOR REPAYMENT BY ELECTRONIC FUND TRANSFERS (ACH DEBITS) ACH Authorization for Installment Payments, Fees and, in the Event of Acceleration, the Loan Balance You authorize us to initiate an electronic fund transfer through the ACH network (or another network of our choosing) (“ACH”) from Your Bank Account for the following: 0 each of the installment payments due under the Agreement (or, ifyou make a partial installment payment, the amount of the installment less the amount of any such payment) on or afier its due date; 0 any late / delinqunecy charge and returned payment fee ifpermitted by law and provided for in the Agreement due to us as a result of a late payment or prior rejected ACH; 0 in the event that you default and we declare the entire outstanding balance (the “Accelerated Balance”), including all accrued and unpaid interest and fees that you owe under this Agreement, due and payable, the Accelerated Balance; and 0 the amount required to correct any error we make in processing an ACH. If any payment cannot be obtained by ACH, you remain responsible for such payment and any resulting fees under the Agreement. You agree that we may resubmit any returnedACH as permitted by law and network rules. We are not responsible for any fees you incur in connection with rejected payments. You agree that we do not need to provide you with advance notice of an ACH we initiate for an installment payment if the amount of the ACH is less than the installment payment (for example, due to a partial payment). Returned Payments Ifyour bank returns one or more installment payments as unpaid, you authorize us to confirm Your Bank Account has sufficient funds to cover payments using a third party service provider. We may elect not to initiate an electronic fund transfer through the ACH network for some or all of the remaining scheduled installment payments. We will email you prior to any such due dates to inform you ifwe elect not to initiate an electronic fund transfer for that payment. The amount will still be due and payable, and you will be responsible for making alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization. Modified Charges Instead of or in addition to any of the ACHs described above, you authorize us to process any ACHs you subsequently confirm by phone, text message or email. Range ofVarying Amounts Please note that you have the right to receive notice of all transfers varying in amount, and that by signing this ACH Authorization you acknowledge that we have elected to offer you a specified range of amounts for debiting (in lieu ofproviding the notice of transfers in varying in amount). The amount of any ACH debit will range from (i) the payment amount provided in the payment schedule (which may be less than a scheduled payment ifpartial prepayments have been made), to (ii) an amount equal to the total outstanding balance (which may be greater than or less than a payment based upon your actual payments), plus as applicable, any returned payment charges and/or any late charges you may owe under the Agreement. For any debit outside of this specified range, we will send you a notice. Therefore, by agreeing to the terms of this ACH Authorization you are choosing to only receive notice when a transfer amount exceeds the range specified above. Termination You may terminate one or all of the authorizations to initiate ACHs from Your Bank Account set forth above by calling us at (888) 801- 9075 and by writing us at Attention: General Counsel 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604 and specifying which authorizations you would like to terminate. We will discontinue initiating any ACHs you specify as soon as we reasonably can and in any event within three business days afier receiving your termination request. Your Bank Account Information If there is any missing or erroneous information regarding Your Bank Account or the depository that offers it, then you authorize us to verify and correct such information. You have given us certain information from Your Bank Account so that we can verify the account number and routing number and you acknowledge that Your Bank Account is a legitimate, open, and active account. Full Force and Effect This ACH Authorization will remain in full force and effect until (i) we have received written notification from you of its termination in such time and in such manner as to afford us and the Depository a reasonable opportunity to act on it or (ii) upon full and final payment of the amount you owe us under this Agreement Optional ACH Debit Authorization. PLEASE NOTE THAT YOU ARE NOT REQUIRED TO SIGN THIS ACH AUTHORIZATION TO ENTER INTO THIS AGREEMENT. THIS ACH AUTHORIZATION IS FOR YOUR CONVENIENCE IN PAYING AMOUNTS OWED AND RECEIVING THE LOAN PROCEEDS UNDER THIS AGREEMENT. BY SIGNING THIS ACH AUTHORIZATION BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO PAY AMOUNTS OWED AND RECEIVE YOUR LOAN PROCEEDS ELECTRONICALLY AND THAT YOU ARE CHOOSING ONLY TO RECEIVE NOTICE OF VARYING TRANSFERS WHEN A TRANSFER EXCEEDS THE RANGE SPECIFIED ABOVE. Security Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official StaffCommentary to Regulation Z §1026.2, we have disclosed to you that our interest in the ACH Authorization is a security interest for Truth-in-Lending purposes only, because federal and California law do not clearly address whether our interest in the ACH Authorization is a "security interes ." WAIVER OF JURY TRIAL Ifyou sign this Loan Agreement you waive your right to have ajury trial to resolve any dispute you may have against us or a related third party. LATE CHARGE/DELINQUENCY CHARGES You agree to pay a delinquency fee not in excess of $15 for a period in default ofnot less than 15 days. The delinquency fee may not be collected more than once for the same default and may be collected at the time of the default or at any time thereafter. If the delinquency fee is deducted from any payment received afier default occurs, and the deduction results in the default of a subsequent installment, no fee may be collected for the resulting default. Please note that only one delinquency charge shall be made on any one installment regardless of the period during which the installment remains unpaid. DEFAULT Ifyou fail to make any payment when due, then you will be in default under this Loan Agreement. Upon default, we may declare the entire outstanding balance, plus all accrued and unpaid interest that you owe under this Loan Agreement, and if applicable, any late charges or any other charges permitted by law immediately due and payable. We may demand payment for the entire loan balance including principal, accrued interest and applicable late / delinquency charges. Ifwe do not use any remedy following default, we do not waive our right to the same or other remedies. Our rights are cumulative, not exclusive. BROKER You represent and warrant that no person has performed any act as a broker in connection with the making of this loan. CREDIT REPORTING We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. GOVERNING LAW, ASSIGNMENT and EXECUTION The laws of the State of California will govern this Loan Agreement. However, any dispute arising out of this Loan Agreement will be subject to the ARBITRATION PROVISION, which is governed by the Federal Arbitration Act (“FAA”). We may assign or transfer this Loan Agreement or any of our rights hereunder. Ifwe approve this Loan Agreement, then you agree that this Loan Agreement will be binding and enforceable as to both parties. ARBITRATION PROVISION Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a courtjudgment. A court rarely overturns an arbitrator's decision. READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT 0N HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT T0 OPT OUT 0F (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU D0 NOT D0 SO: 1. YOU ARE WAIVING YOUR RIGHT T0 HAVE A JURY 0R A COURT, OTHER THAN A SMALL CLAIMS COURT 0R SIMILAR COURT 0F LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT T0 ARBITRATION; and 2. YOU ARE WAIVING YOUR RIGHT T0 SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, 0R IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR T0 PARTICIPATE AS A MEMBER 0F A CLASS 0F CLAIMANTS, IN COURT 0R IN ARBITRATION WITH RESPECT T0 ANY CLAIM THAT IS SUBJECT T0 ARBITRATION. THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS Interstate Commerce This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law. Scope For purposes of this Arbitration Provision, the word “Claim” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a Violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafier collectively referred to as “related third parties”), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities ifyou assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you. Notwithstanding the foregoing, the word “Claim” does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to (1) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending. Class Action Waiver Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduct any arbitration in Violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class ofborrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Electing Arbitration A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to CashNetUSA, Attn.: General Counsel - Arbitration Notice, 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604, and our notice must be sent to the most recent address for you in our files. If a lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit. Administrator Regardless ofwho demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator's rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside. Ifyou demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to CashNetUSA, Attn.: General Counsel - Arbitrator Selection Notice, 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting C1aim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the C1aim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures. Arbitrator and Award Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules ofprocedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide reliefwarranted by that party’s individual claim). Fees and Costs At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for C1aim(s) asserted by you in an individual arbitration afier you have paid an amount equivalent to the fee, if any, for filing such C1aim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the C1aim(s) in court, you will not be required to pay that amount again). We will not seek reimbursement of such fees from you even ifwe prevail in the arbitration. In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator’s rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the administrator’s rules or applicable law. With respect to C1aim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or ifwe must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision. Appeal The arbitrator's award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, you or we can, within 14 days afier the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by maj ority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be conducted pursuant to or modeled afier the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules- optional-appeal-procedure/. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator's decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above titled “Fees and Costs.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. Ajudgment on the award may be entered by any court having jurisdiction. Notice and Cure; Special Payment Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis ofyour Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at CashNetUSA, Attn.: General Counsel - Claim Notice, 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit you for the standard cost of a certified letter. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the reliefyou request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated. Binding Effect; Survival; Severability This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. OPT-OUT PROCESS You may choose to opt out of this Arbitration Provision but only by following the process set forth below. Ifyou do not wish to be subject to this Arbitration Provision, then you (both or all of you if, ifmore than one) must send us an Opt Out Notice so that we receive it within forty-five (45) calendar days of the date of this Agreement at the following address: CNU of California, LLC, Attn.: General Counsel 175 W. Jackson B1Vd., Suite 1000, Chicago, IL 60604. Your notice must be sent to us by certified mail, return receipt requested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of a certified letter. Your Opt-Out Notice must include your name, address, social security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision and must not be sent with any other correspondence. Indicating your desire to opt out of this Arbitration Provision in any manner other than as provided above is insufficient notice. Your decision to opt out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us. WAIVER 0F JURY TRIAL To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with respect to any litigation arising out of or relating to this Agreement between you, on the one hand, and us or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities, on the other hand. PRIVACY POLICY Effective Date: The privacy policy was last updated July 6, 2016. INTRODUCTION Purpose. The purpose of this Privacy Policy is to describe how CNU Online Holdings, LLC (“CNU,” or “We”) collects, uses and shares information about you through our U.S. online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.CashNetUSA.com (collectively referred to herein as the “Website”). Please read this notice carefillly to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to Contact Us or as described at the end of this Policy. Our Privacy Policy explains: Information That We Collect How We Use and Share Your Information Access to Your Information and Choices Security ofYour Information California Privacy Rights Consent to Data Processing in United States Changes to Our Privacy Policy Questions and How Contact Us Scope; Third Party Websites. This Privacy Policy applies only to information we collect at and through the Website. Our Website also contains links to third party sites that are not owned or controlled by CNU. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that collects personal information. Other Privacy Policies. For information about how we collect, use and share your financial information, please refer to our Financial Privacy Notice Terms of Use. Please note that your use of our Website is also subject to our Terms ofUse. INFORMATION THAT WE COLLECT Information You Provide to Us We collect information you provide to us, for example when you create or modify your account, register to use our Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: Name; Home address; Email address; Home, work; and mobile telephone numbers; Credit card number; Bank and/or other account numbers; Date of Birth; Social Security Number; Driver’s License or other national, state, or government ID numbers; and Salary and other financial information. Information We Collect Automatically Location / Geolocation Information and Your Internet Protocol (IP) address. Information We Collect Through Your Use of our Website Google Analm'cs We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you Visit our Website by Visiting “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partnersl). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please Visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements and your opt-out rights and options, Visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that ifyou choose to opt out, you may continue to see ads on our Website, but they will not be based on how you browse and shop. Information Collected Through Cookies and Similar Technologies We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you Visit a website. When you Visit the Website again, the cookie allows the Website to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. (See, “Advertising” below.) No Information From Children Under Age 13 Ifyou are under the age of 13, please do not attempt to register with us at this Website or provide any personal information about yourself to us. Ifwe learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. Ifyou believe we have collected personal information from a child under the age of 13, please Contact Us or call us at (888) 801-9075. HOWWE USE AND SHARE YOUR INFORMATION To Provide Products, Services, and Information. We collect information from you so that we can provide loan products and services that you apply for using the Website, provide information that you request from us, and setup your online account so you can manage your account on account details online. We use your personal information to contact you about your orders, underwrite your loan, fund your loan, make payments on your loan, and to setup your online account. We may send you information about our products and services, and new offerings. Credit Bureaus. We may share your information about you and your account to credit bureaus. This may include both on-time and late payment, missed payment, or other defaults on your account, and this information may be reflected on your credit report. Sweepstakes, Surveys, Promotions, and Other Contests. We use your personal information to administer surveys, sweepstakes, promotions and other contests from time to time. Sharing with Third Parties. We may provide information to third party service providers that help us operate and manage our Website. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. Advertising. We may use how you browse and shop in order to show you ads for CNU that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our site or third-party sites not owned by CNU. We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Website does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities you would like to opt-out of. To learn more about interest- based advertisements and your opt-out rights and options, Visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org), or by clicking the “ad choices” icon by the advertisement and selecting what types of advertisement you wish to opt out of. Please note that ifyou choose to opt out, you may continue to see ads on our Website, but they will not be based on how you browse and shop. Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside ofCNU when we have your consent to do so. Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside ofCNU ifwe have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request. Enforce applicable Terms ofUse, including investigation ofpotential Violations. Detect, prevent, or otherwise address fraud, security or technical issues. Protect against harm to the rights, property or safety ofCNU, our users, customers or the public as required or permitted by law. Transfer in the Event of Sale or Change of Control.If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Website to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently. ACCESS TO YOUR INFORMATION AND CHOICES You can access and update certain information we have relating to your online account by signing into your account and going to the account home section of our Website. Ifyou have questions about personal information we have about you or need to update your information, you can Contact Us or call us at 888-801-9075. You can opt-out of receiving marketing and promotional e-mails from CNU by clicking on the ad choices logo on the Website, and by using the opt-out or unsubscribe feature contained in the e-mails. You can close your online account by paying offyour balance in full and by requesting your account be closed through email, phone, U.S. mail, or live chat. Ifyou close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity thefi or fraud. SECURITY OF YOUR INFORMATION We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security ofyour login information. Please note that e-mails and other communications you send to us through our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means. CALIFORNIA PRIVACY RIGHTS Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information, please send an email message to support@cashnetusa.com with “Request for California Privacy Information” on the subject line and in the body ofyour message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES Ifyou are a resident of the European Economic Area (EEA), in order to provide our Website, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level ofprotection for your personal information. We are committed to protecting the privacy and confidentiality ofpersonal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level ofprotection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing ofpersonal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location. CHANGES TO OUR PRIVACY POLICY Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification ofprivacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. QUESTIONS AND HOW TO CONTACT US Ifyou have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, please Contact Us, email us at support@cashnetusa.com call us at (888) 801-9075, or contact us by US postal mail at the following address: CNU Online Holdings, LLC 175 West Jackson Suite 1000 Chicago, IL 60604 ELECTRONIC SIGNATURES AND CONSENTS By clicking the "I AGREE" button below and providing any additional information as may be requested below, you understand and acknowledge that you are taking the following three (3) separate actions: 1. CONSENT TO ELECTRONIC COMMUNICATIONS By electronically signing this Agreement by clicking the "I Agree" button below, you are confirming that: (1) you agree to our Consent to Electronic Communications (the "Consent"); and (2) you have the necessary hardware and sofiware to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and View PDF files. 2. ACH AUTHORIZATION By electronically signing below by typing the last four digits ofyour Social Security Number, you certify that you have fully read and understood the sections of this Agreement captioned ACH AUTHORIZATION FOR YOURLOAN PROCEEDS and AUTHORIZATION FORREPAYMENT BY ACH, you agree to comply with, and be bound by, their terms and you agree and understand that you are authorizing us to credit Your Bank Account with the proceeds ofyour loan and to debit Your Bank Account for the amounts owed under this Agreement. Enter the last 4 digits ofyour Social Security Number- Please note that we separately authenticate the above electronic signature when you click the "I Agree" button below. 3. AGREEMENT TO TERMS AND CONDITIONS OF LOAN AGREEMENT By electronically signing this Loan Agreement by typing in your name and social security number below and then clicking the "I Agree" button below, (a) you acknowledge that the Loan Agreement was filled in before you did so and that you have reviewed the entire Loan Agreement including the FEDERAL TRUTH-IN-LENDING DISCLOSURES and our PRIVACY POLICY , (b) you acknowledge that your right to file suit against us for any claim or dispute regarding this Loan Agreement is limited by the WAIVER OF JURY TRIAL AND ARBITRATION provisions, (c) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for reliefunder any chapter of the United States Bankruptcy Code, and (d) you acknowledge that you have read and understood all of the terms of this Loan Agreement including the provisions mentioned above and you agree to comply with, and be bound by, all of those terms. Please note that when you click the "I Agree" button below, we authenticate your electronic signature and we also separately authenticate your electronic signature for the ACH Authorization that you separately and voluntarily entered above. YOUSHOULD PRINTAND RETAINA COPY0F THISAGREEMENTFOR YOUR RECORDS. ANELECTRONIC COPY WILL BE AMINTAINED 0N THIS WEBSITE IN YOUR PASSWORD PROTECTED CUSTOMER HISTORY Any comments or questions may be directed to customer comment Line at the following toll-free number: (888) 801-9075 or via email to support@cashnetusaxom. - Signature block: Signed at: 03:35 PM on September 01, 2017 Connected From: 73.158.58.5 Signed By: nicolle marshall- Signed As: Nicolle Marshall- Contract: {SHA} 6eOdbe95eO7002007e9ee6400a78a6a4a206d008 ACH Authorization: {SHA} c9010c0c9746e91Sea68935662c71835le66Sd8d CashNetUSA Signature block: Signed at: 04:07 PM on September 01, 2017 Signed By: David Fisher, President, CNU Online Holdings, LLC, as sole member ofCNU of California, LLC (d/b/a CashNetUSA) {SHA} 892f7417cf56a9369bb0478897585a38cb174191 EXHIBIT B customer id loan id acct date method cd cd status cd debit amount credit amount 9/1/2017 12:00:00 AM internal instl task created 376.96 0 9/1/2017 12:00:00 AM ach loan task ach 2600 0 9/29/2017 12:00:00 AM internal instl task created 188.48 0 9/29/2017 12:00:00 AM ach instl task ach 0 10/13/2017 12:00:00 AM internal instl task created 188.48 10/13/2017 12:00:00 AM ach instl task ach 0 10/27/2017 12:00:00 AM ach instl task ach 0 10/27/2017 12:00:00 AM internal instl task created 11/10/2017 12:00:00 AM internal instl task created 11/24/2017 12:00:00 AM internal instl task created 11/28/2017 12:00:00 AM internal late fee task created 12/8/2017 12:00:00 AM internal new instl task created 12/11/2017 12:00:00 AM internal late fee task created 12/22/2017 12:00:00 AM internal new instl task created 12/26/2017 12:00:00 AM internal late fee task created 1/5/2018 12:00:00 AM internal new instl task created 1/8/2018 12:00:00 AM internal late fee task created 1/19/2018 12:00:00 AM internal new instl task created 1/22/2018 12:00:00 AM internal late fee task created 2/2/2018 12:00:00 AM internal new instl task created 2/5/2018 12:00:00 AM internal late fee task created 2/16/2018 12:00:00 AM internal new instl task created 2/20/2018 12:00:00 AM internal late fee task created 3/2/2018 12:00:00 AM internal new instl task created 3/5/2018 12:00:00 AM internal late fee task created 3/16/2018 12:00:00 AM internal new instl task created 3/19/2018 12:00:00 AM internal late fee task created 3/30/2018 12:00:00 AM internal new instl task created 4/2/2018 12:00:00 AM internal late fee task created 4/10/2018 12:00:00 AM internal off task created OOOOOOOOOOOOOOOOOOOOOO
