Complaint Limited Up to 10KCal. Super. - 6th Dist.May 4, 2021PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JANET L. BROWN CA# 208602 / JESSICA M. GARCIA CA# 314298 ZWICKER & ASSOCIATES. P.C.. A Law Firm Enqaqed in Debt Collection 1320 WILLOW PASS ROAD, SUITE 730 CONCORD, CA 94520 TI=I FpI-InNI: Nh- (Q7§\6RQ-7n7n TI=I FpHnNI: Nn- E-MAIL ADDRESS (Optional): ZACNL|T|GAT|ON©ZW|CKERPC.COM ATTORNEY FOR(Name): AMERICAN EXPRESS NATIONAL BANK (Q7 9620-7070 : Fl LED FOR COURT USE ONLY 5/4/2021 12:47 PM Clerk of Court Superior Court of CA, Bounty of Santa Clara Z1CV381373 Reviewed By: R. Cachux SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. FIRST STREET MAILINGADDRESS; 191 N. FIRST STREET CITYAND ZIP CODE: SAN JOSE, CA 951 13-1090 MAIN COURTHOUSEBRANCH NAME: PLAINTIFF: AMERICAN EXPRESS NATIONAL BANK DEFENDANT: ANGELICA CAPILI AKA ANGELICA M CAPILI AKA A CAPILI and DOES 1-10. inclusive DOES1TO 10 CONTRACT g COMPLAINT D AMENDED COMPLAINT (Number): D CROSS-COMPLAINT D AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION Is A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION IS RECLASSIFIED by this amended complaint or cross-complaint D from limited to unlimited D from unlimited to limited CASE NUMBER: 21 CV381 373 1. Plaintiff" (name or names): AMERICAN EXPRESS NATIONAL BANK alleges causes of action against defendant* (name or names): ANGELICA CAPILI AKA ANGELICA M CAPILI AKA A CAPILI and DOES 1-10. inclusive 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: £2 3. a. Each plaintiff named above is a competent adult g except plaintiff (name): AMERICAN EXPRESS NATIONAL BANK (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) other (specify): Plaintiff is a National Bank located in Utah. b. D Plaintiff (name): a. D has complied with the fictitious business name laws and is doing business under the fictitious name (specify): um 0D 4. a. Each defendant named above is a natural person has complied with all licensing requirements as a licensed (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 30. D except defendant (name): D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): * Ifthis form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. COMPLAINT-Contract Page 1 of 2 Form Approved for Optional Use Judicial Code 0f Civil Procedure, § 425.12 Council 0f California PLD-C-001 [Rev. January 1, 2007] CNCMPCMB 5755705 PLD-C-001 SHORT TITLE: CASE NUMBER: AMERICAN EXPRESS NATIONAL BANK v. ANGELICA CAPILI AKA ANGELICA M CAPILI AKA A CAPILI and DOES 1-10, inclusive 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D 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) g Doe defendants (specify Doe numbers): 1-1 0 are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6D This actionis subjectto D CiviICode section1812.1o D CiviICode section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b D a defendant lived here when the contract was entered into. a defendant lives here now. the contract was to be performed here. 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. other (specify): DDEDfi sernsvslo 8. 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): D Breach of Contract E Common Counts D Other (specify): 9. Other allegations: 10. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. E damages of: $ 5,322.85 b. D interest on the damages (1) D according to proof (2) D at the rate of (specify): c. D attorney's fees (1) D of: $ (2) D according to proof. d. D Other (specify): 11. D The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: 4/30/21 [XJANET L. BROWN #208602 C A gwm [ ]JESS|CA M. GARCIA #314298 > (TYPE 0R PRINT NAME) V (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) (Ifyou wish t0 verifi/ this pleading, aflix a verification.) Page 2 of2 PLD-C-001 [Rev. January 1, 2007] COMPLAINT_Contract American LegalNet, Inc. www.Forms Worlq‘low.com CNCMPCMB 57557 U’l SHORT TITLE ANGELICA CAPILI AKA ANGELICA M CAPILI AKA A CAPILI, and DOES 1 through 10, inclusive CASE NUMBER: FIRST CAUSE OF ACTION-Common Counts (number) ATTACHMENT TO X Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) CC-1.Plaintiff (name): AMERICAN EXPRESS NATIONAL BANK alleges that defendant (name): ANGELICA CAPILI AKA ANGELICA M CAPILI AKA A CAPILI, and DOES 1 throug 10, inclusive, becameindebtedto g plaintiff D other(name): E within the last four yearsa. (1) X on an open book account for money due. (2) X because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. g withinthelast D two years X fouryears (1) D for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. D the sum of $ D 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 $5,322.85 D the reasonable value. (4) D for money lent by plaintiff to defendant at defendant's request. (5) D for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) g other (specify): For credit extended on the account issued by Plaintiff to Defendant(s) for purchases and/ or cash advances by Defendant(s) and/or persons with Defendant(s)’ permission. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) The Plaintiff has performed all conditions precedent to bringing this action or the same have been waived by the Defendant(s). An account record for the account ending in 1001 is attached as Exhibit "A" An account record for the account ending in 1004 is attached as Exhibit "B" This cause of action is based on defendant’s credit accounts: account ending in 1001 with a balance of $4,343.12 account ending in 1004 with a balance of$ 979.73 CC-2. $, which is the reasonable value, is due and unpaid despite plaintiff‘s demand, plus prejudgment interest D according to proof D at the rate percent per year from (date): D Plaintiff is entitled to attorney fees by an agreement or a statuteCC-3. D D of $ according to proof. CC-4. g Other: $5,322.85, which is the fixed and agreed amount due and unpaid despite Plaintiff’s demand. Form Approved for Optional Use Judicial Council of California PLD-C-001(2) [Rev. January 1, 2009] CNCMPCMB Page Three Page 1 of 1 CAUSE OF ACTION-Common Counts Code ofCiVil Procedure, § 425.12www. c0urtinf0.ca.gov 5755705 EXHIBITA mm 004 Amex EveryDay“ Credit Card EXPRESS ANGELICA M CAPILI Closing Date 08/1 3/20 Account Ending-1001 AMERICAN p. 1H1 Customer Care: 1-800-635-5955 'I'I'Y: 1£m221 -9950 Website: americanexpress.com 't New Balance $4,343.12 Vi" , _ _ www.membershlprewards.com Mlnlmum Payment Due $813.64 Includes the past due amount of $726.78 tPayment Due Date 09/07/20 Account Summary 1 Late Payment Warning: Ifwe do not receive your Minimum Pa ment Due by P'EViOI-IS Balance 54343-1 2 the Payment Due Date of 09/07/20, you may have to pay a late ee of up to Payments/Credits -$0.00 $40.00 and your APRs may be increased to the Penaity APR of 29.24%. New Charges +£1.00 Fees +£0.00 Interest Charged +$0.00 Minimum Payment Warning: If you have a Non-Plan Balance and make oniy the "?‘Y B'I'me 54543-1 2 minimum payment each period, you will pay more in interest and it will take you longer Mmlmum Payment Due 3313-54 to pay off your Non-Plan Balance. For example: Credit Limit $5,000.00 If you make no additional You will pay offthe balance And you will pay an charges and each month shown on this statement in estimated total of... Cash Advance umit $0.00 you pay... about... Only the Minimum Payment Due 12 Years 581027 rfyou would like information about credit counseling sen/ices. call 1-888-733-41 39. Q See page 2 for important information about your account. Please refer to the IMPORTANT NOTICES section for any changes to your Account terms and any other communications on pages 5 - 1 1 . ® This statement is for information purposes only. This is not a bill. Please contact your collections agency for account information. Disregard the Minimum Payment Due, your account is in default and the balance is due in full. J» Please fold on the perforation below. detach and return with your paymentd» Payment Coupon Pay by Computer r Pay by Phone Account Ending-1001Do not staple or use paper clips americanexpress.comlpbc 1800-4723297 _ , Enter 15 dlglt account # on all payments. Make check payable to American Express. ANGELICA M CAPILI Payment Due Date 2962 ALMOND DR 09107120 SAN JOSE CA 951 48-2001 New Balance $4,343.1 2 Minimum Paygent Due See revetse side for instmctions AMERICAN EXPRESS on how to update your address, Po BOX 0001 phone number, or emaiL LOS ANGELES CA 90096-8000 5 Amount Erindosad 005 ANGELICA M CAPILI Account Ending.1 001 p. 2111 Payments: Your payment must be sent to the payment address shown on your statement and must be received by S pm. local time at that address to be credited as of the day it is received. Payments we receive after 5 pm. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn 0n a US bank and payabie in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and {3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. E&ectronic payments must be made through an electmnic payment method payable in U5 dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particulal rate is required by law, Please do not send post-dated checks as they will be deposited upon receipt. Any restlictive language 0n a payment we accept WIII have no effect on us without our express prior written approval. We will re present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal:[1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check i5 not processable electronically or a less costly process is available, When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement, If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the (heck. [2) By using Pay By Computel, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request Payments using such serviées of ours received after 3:00 pm. MST may not be credited unti! the next ay, HowWe Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on you: Account, Call the Customer Care number on page 3 for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADS and interest results m dailycompounding ofim‘eresr. Paying Interest: Your due date is at least 25 days after the close of each billing period We will not charge you interest 0n your purchases if you pay each month your entire balance {or Adjusted Balance if applicable) by the due date each month. We will charge you intetest on cash advances and gmless otherwise disclosed) balance transfers beginning on the transaction ate? Foreign Currency Charges: If you make a Chatge in a foreign cunency, we will convert it into US dollars on the date we or our agents process it. We will :harge a fee of 2.70% of the converted U5 dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particufar rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may difi‘er from rates in effect on the date of your charge. Charges convened by establishments (such as airlines) will be billed at the rates such establishments use. Change of Address. phone number. email - Online at wwwmmericanexpressxomlupdatecontactinfo - Via mobile device - Voice automated: cail the number on the back of your card - For name, company name, and foreign address or phone changes, please call Customer Care Please do not add any written communication or address change on this stub Credit Balance: A credit balance (designated CR} shown on this statement repregenm money owed to you. H within the sixAmonth period following the date of the first statement indicating the credit baIance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1 .00 or more. 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. What To Do lfYou Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write t0 us at; American Express, PO Box 961 535. El Paso TX 79998-1 535 You may also contact us on the Web: www.americanexpressAcom In your letter, give us the following information: - Account information: Your name and account number, - Dollar amount: The dollar amount 0f the suspected error. - Description of Problem: lfyou think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writing {or electronically}. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: -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, But, 'rf we determine that we made a mistake, you will not have to pay the amount in question 0r any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder 0f your balance, -We can apply any unpaid amount against your credit limit. Your Rights IfYou 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 of the following must be true: 1.The purchase must have been made in your home state or within 100 miles of your current maiIing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card 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 of the criteria above are met and you are still dissatisfied with the purchase, contact us I'n writing or electronically at: American Express, PO Box 981 535, El Paso TX ?9998-1 535 wwwamericanexpresscom While we investigate, the same rules apply to the disputed amount a5 discussed above After we finish our investigation, we witl 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. Pay Your Bill with AutoPay Deduct your payment from your bank account automatically each month. - Avoid late fees - Save time \fisit americanexpressxomlautopny today to enroll. Fm information on how we protect your privacy and to set your communicaxion and privacy choices, please visit www.ameflnnexpress.¢omiprivaq. 006 Amex EveryDay” Credit Card p. 3111 AMERJCAN EXPRESS ANGELICA M CAPILI Closing Date 08/1 3120 Account Ending.1 001 Customer Care & Billing Inquiries 1-800-635-5955 Hearing Impaired _ _f International Collect 1-336-393-1 1 1 1 TI'Y: 1-800-221-9950 WEbSItE: amencanexPress-Com Large Print & Braille Statement l~800635~5955 FAX: 1-623v7074442 Cash Advance atATMs Inquiries I-BOO-CASH-NOW In NY: 1-800-522-1 897 Cl-ISFQMEI‘ Cflf_e_ & Blllmg lnqulrles Payments ?.O. BOX 981535 PO BOX 0001 EL PASO, TX L05 ANGELES CA 79998-1 535 90096-8000 n. J Fees Amount Total Fees for this Period $0.00 Interest Charged Amount Total Interest Charged for this Period $0.00 About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new marges. This is called “trailing interest". Trailing interest is the interest charged when. for example, you didn't pay your previous balance in full. When that happens, we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full (or if you have a Plan balance, by paying your Adjusted Balance on your billing statement] by the due date each month. Please see the "When we charge interest" subsection in you: Cardmember Agreement for details. 2020 Fees and Interest Totals Year-to-Date _ , _ ,_ ,_ Amount Totai Fees in 2020 $1 09.00 Total Interest in 2020 $444.04 Interest Charge Calculation Days in Billing Period: 31 Your Annual Percentage Rate (APR) is the annual interest late on your account Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate Interest Rate Purchases 01 [01[201 9 29.24% (v) $0.00 $0.00 Cash Advances 01 [01/201 9 29.24% (v) $0.00 $0.00 Total $0.00 (v) Variable Rate 007 ANGELICA M CAPILI Account Ending-mm p. m1 008 . 5I11 AMERICAN ANGELICA M CAPIU Closing Date 08/1 3120 Account Ending 1001 EXPRE55 IMPORTANT NOTICES Notice of Important Changes to Your Cardmember Agreement We are making changes to your American Express Cardmember Agreement referenced in this notice. We encourage you to read this notice, share it with Additional Card Members on your account, and flIe it for fu1ure reference. The detailed changes to your Cardmember Agreement can be found after the below summary chan. Summary of Changes, Effective Immediately Ciaims Resolution and We are making changes to the claims resolution sections in your Cardmember Claims Resolution for Agreement. Covered Borrowers Summary 0f Changes, Effective August 1, 2020 How to make payments We will no longer accept payments made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S. How we appiy payments We are updating this sub-section under About yourpayments in Part 2 of the and credits Cardmember Agreement to ciarify how to request that a credit for a purchase placed into a plan be applied to the plan balance. Summary of Changes, Effective November 1, 2020 Words we use in the We are updating this sub-section under Introduction in Part 2 of the Agreement Cardmember Agreement to change the definition of the term "cash advance". ID 13040 See the following page(s) for the Detail of Changes to your CardmemberAgreement CMLENGDPRUSO1 09 Important Notices continued on natpage. 009 p. 6111 ANGELICA M CAPILI CIOSinQ Date 08113/20 Account Ending 1001 IMPORTANT NOTICES continued Detail of Changes to Your Cardmember Agreement This notice amends your American Express Cardmember Agreement ("Agreement’Q as described below. Any terms in the Cardmember Agreement conflicting with this change are completely replaced. Terms not changed by this notice continue to apply. lf you have any questions, please call the number on the back of your Card. Your Cardmember Agreement will be amended as follows: A. Effective Immediately, the fifth sentence in the Sending a Ciaim Notice paragraph in the Claims Resolution section and the sixth sentence in the Sending a Claim Notice paragraph in the Cfaims Resolution for Covered Borrowers section in Part 2 of the Cardmember Agreement are deleted and replaced with: Sending a Claim Notice "Notice to us must include your name, address and Account number and be sent to American Express ADR clo CT Corporation System, 28 Liberty Street, New York, New York 10005." B. Effective August 1, 2020, the About yourpayments section in Part 2 of the Cardmember Agreement is amended by deleting the paragraph before the last paragraph in the How to make payments sub-section and replacing it with the following: "We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S." C. Effective August 1, 2020, the About yourpayments section in Part 2 of the Cardmember Agreement is amended by removing the last sentence in the How we apply payments and credits sub-section and replacing it with the following: "If you receive a credit for a purchase placed into a plan, you must call us at the number on the back of your card to have the credit applied to the plan balance." D. Effective November 1, 2020, the Introduction section in Part 2 of the Cardmember Agreement is amended by deleting the definition of cash advance in the Words we use in the Agreement sub-section and replacing i1 with the following: "A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digiial currency, casino gaming chips, race track wagers, similar offline and online betting transactions, and digital precious metals products." Important Notices continuedon nextpage. O10 AMERJCAN ANGELICA M CAPIU Closing Date 08/1 3l20 Account Ending 1001 IMPORTANT NOTICES continued EXPRE55 Notice Regarding Your Billing Rights and EFT Error Resolution Effective Immediately, information about your billing rights and EFT Error Resolution Notice is provided \m'th your monthly Biiling Staiement. Your billing rights language below appears on your monthly Billing Statement (What To Do If You Think You Find A Mistake On Your Statement, including Your Rights If You Are Dissatisfied With Your Credit Card Purchases). Your EFT Error Resolution Notice language appears in the Important Notices section of your monthly Biliing Statement: What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your siatement, write to us at: American Express, PO Box 981535, El Paso TX 79998-1 535 You may also contact us on the Web: www.americanexgresscom In your letter, give us the following information: - Account information: Your name and account number. - Dollar amount: The dollar amount of the suspected error. - Description of Problem: If you think there is an error on your bill, describe what you believe i5 wrong and why you beiieve it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing [or electronically]. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: - We cannot try to collect the amount in quesfion, 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. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder of your balance. - We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we maiied to you, or 'rf we own the company that sold you the goods or services.) 2. You must have used your credii 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 of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronicaliy at: American Express, PO Box 981 535, El Paso TX 79998-1 535 www.americanexgress.com 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, ifwe think you owe an amount and you do not pay we may report you as delinquent. ID 13057 CMLENGDPRUSO‘IZT Important Notices continued on natpage. 011 ANGELICA M CAPILI ClOSinQ Date 03/13/20 Account Ending 1001 IMPORTANT NOTICES continued EFT Error Resolution Notice ln Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-21 22 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay. You may also wn'te us at American Express, Electronic Funds Services, P.O. Box 981 531, El Paso TX 79998-1531, or contact online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more infom'lation. 3. Tell us the dollar amount of the suspected error. We will investigate your compiaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Important Notices continuedon nextpage. O12 . 9H1 AMERJCAN ANGELICA M CAPIU Closing Date 08/1 3l20 Account Ending 1001 EXPRESS IMPORTANT NOTICES continued Notice of Important Changes to the Membership Rewards” Program Terms & Conditions We are making changes to the Membership Rewards Program Terms & Conditions. We encourage you t0 read this notice, share it with Additional Card Members on your account, and file it for future reference. The detailed changes to the Membership Rewards Program Terms 8. Conditions can be found after the below summary chart. Summary of Changes, Effective Immediately About the Program, We are changing the Membership Rewards Program Terms & Conditions to Getting Points remove all mentions of American Express“ Gold Card for Ameriprise Financial and Platinum Card” from American Express for Ameriprise Financial. Getting Additional Points We are updafing the Membership Rewards Program Terms & Conditions to clarify how you receive additional points and the circumstances in which you may n01 receive additional poims. Arbitration We are making changes to the claims resolution sections of the Membership (Claims Resolution) Rewards Program Terms & Conditions. ID 13059 See the following page(s) for the Detail of Changes to the Membership Rewards Program Terms & Conditions. CMLENGDPRUSO125 Important Notices continued on natpage. O13 p. 10/11 ANGELICA M CAPILI CIOSinQ Date 03’13/20 Account Endin- 1001 IMPORTANT NOTICES continued Detail of Changes to the Membership Rewards Program Terms & Conditions This notice amends the Membership Rewards Program Terms a Conditions (the "Terms & Conditions") as described below. Any terms in the Terms 8: Conditions conflicting with this change are compietely replaced. Terms not changed by this notice continue to apply. If you have any questions, please call the number on the back of your Card. A. Effective immediately, the Getting Points section and the About the Program section will be amended by removing all mentions of American Express' Gold Card for Ameriprise Financial and Platinum Card' from American Express for Ameriprise Financial. B. Effective immediately, the Getting Additional Points subsection of the Getting Points section is amended by deieting the following: "Purchases made through third panies (including resellers and online marketplaces) or through a third party payment account will not earn additional points." And replacing with the following: "Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional points. A purchase with a merchant will not earn additiona! points if the merchant's code is not included in an additional points category. You may not receive additional points if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for an additional points category. For example, you may not receive additional points when: - a merchant uses a third-party to sell their products or services; or o a merchant uses a third-party to process or submit your transacfion to us (e.g., using mobile or wireless card readers); or o you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet. For questions about additional points on a purchase, call the number on the back of your Card. Please visit americanexpress.comlrewards-info for more information about rewards." C. Effective Immediately, the fifth sentence in the Sending a Claim Notice paragraph in the Claims Resolution subsection and the Claims Resolution for Military Lending Act {MLA} Covered Borrowers subsection under the Arbitration section is deleted and replaced with: Sending a Claim Notice "Notice to us must include your name, address and Account number and be sent to American Express ADR clo CT Corporation System, 28 Liberty Street, New York, New York 10005." Important Notices continuedon nextpage. O14 . 11l11 AMEiglncEAgs ANGELICA M CAP|L| Closing Date 08/1 3l20 Account Ending 1001 IMPORTANT NOTICES continued EFT Error Resolution Notice ln Case of Errors or Questions About Your Electronic Transfers Telephone us at T-BOO-IPAY-AXP for Pay By Phone questions, at 1-800-528-21 22 for Pay By Computer questions, and at 1-800-528-4800 for AutoPay. You may also write us at American Express, Electronic Funds Services, P.0. Box 981 531, El Paso TX 79998-1 531, or contact online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. 1.Te|| us your name and account number (if any). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount ofthe suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. End ofImportant Notices. O15 EXHIBIT B mm 016 AMERICAN EXFRE55 American Express Cash Magnet” Card A CAPILI Closing Date 07/26/20 Account Ending .1004 p. 1f6 Customer Care: 1-800-635-5955 TI'Y: 1-800-221 -9950 Website: americanexpress.com Get cash back for eligibleNew Balance $97913 purchases when you use the Minimum Payment Due $540.00 Card. For more details about Rewards, please visit IndUdes the pa“ due amount 0f $46500 americanexpress.comlcashbackrewards tPayment Due Date 08/20/20 Account Summary 1 Late Payment Warning: Ifwe do not receive your Minimum Pa ment Due by P'EVIOUS Balance 5939-73 the Payment Due Date of 08/20/20, you may have to pay a late ee of up to Payments/Credits -s0.00 $40.00 and your APRs may be increased to the Penaity APR of 29.24%. New Charges +£1.00 Fees +$40.00 Interest Charged +$0.00 Minimum Payment Warning: lfyou make only the minimum payment each period, "f“! Balm“ 597913 you will pay more in interest and it wiif take you longer to pay offyour balance. For Mmlm'fln Payment Due 3540-00 example: Credit Limit $1,000.00 If you make no additional You will pay offthe balance And you will pay an Available Credit $20.27 charges and each month you shown on this statement in estimated total of... Cash Advance Limit $0 00 pay” abom'" Available Cash $0.00 _ _ only the 14 months $987 Mlnlmum Payment Due rfyou would like information about credit counseling sen/ices. call 1-888-733-41 39. Q See page 2 for important information about your account. ® Your account is cancelled. Please refer to the IMPORTANT NOTICES section on pages 5 - 6. J» Please fold on the perforation below. detach and return with your paymentd» Payment Coupon Pay by Computer r Pay by Phone Account Ending.1004Do not staple or use paper clips americanexpress.comlpbc 1800-4723297 A CAPILI 2962 ALMOND DR SAN JOSE CA 951 48-2001 AMERICAN EXPRESS P0 BOX 0001 LOS ANGELES CA 90096-8000 See revetse side for instmctions on how to update your address, phone number, or email. Enter 15 digit account # on all payments. Make check payable to American Express. Payment Due Date OBIZOIZO New Balance $ Minimum Payment Due 5-. Amount Enclosed O17 A CAPILI Account Ending .1004 p.2I6 Payments: Your payment must be sent to the payment address shown on your statement and must be received by S pm. local time at that address to be credited as of the day it is received. Payments we receive after 5 pm. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn 0n a US bank and payabie in US dollars, or with a negotiable instrument payable in US dollars and clearable through the US banking system; and {3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late payment fees and additional interest charges. E&ectronic payments must be made through an electmnic payment method payable in U5 dollars and clearable through the US banking system. If we accept payment in a foreign currency, we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particulal rate is required by law, Please do not send post-dated checks as they will be deposited upon receipt. Any restlictive language 0n a payment we accept WIII have no effect on us without our express prior written approval. We will re present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal:[1) When you send a check for payment, you give us permission to electronically withdraw your payment from your deposit or other asset account. We will process checks electronically by transmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check i5 not processable electronically or a less costly process is available, When we process your check electronically, your payment may be withdrawn from your deposit or other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your deposit or other asset account statement, If we cannot collect the funds electronically we may issue a draft against your deposit or other asset account for the amount of the (heck. [2) By using Pay By Computel, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdraw funds from the deposit or other asset account you specify in the amount you request Payments using such serviées of ours received after 3:00 pm. MST may not be credited unti! the next ay, HowWe Calculate Your Balance: We use the Average Daily Balance (ADB) method (including new transactions) to calculate the balance on which we charge interest on you: Account, Call the Customer Care number on page 3 for more information about this balance computation method and how resulting interest charges are determined. The method we use to figure the ADS and interest results m dailycompounding ofim‘eresr. Paying Interest: Your due date is at least 25 days after the close of each billing period We will not charge you interest 0n your purchases if you pay each month your entire balance {or Adjusted Balance if applicable) by the due date each month. We will charge you intetest on cash advances and gmless otherwise disclosed) balance transfers beginning on the transaction ate? Foreign Currency Charges: If you make a Chatge in a foreign cunency, we will convert it into US dollars on the date we or our agents process it. We will :harge a fee of 2.70% of the converted U5 dollar amount. We will choose a conversion rate that is acceptable to us for that date, unless a particufar rate is required by law. The conversion rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify from customary banking sources on the conversion date or the prior business day. This rate may difi‘er from rates in effect on the date of your charge. Charges convened by establishments (such as airlines) will be billed at the rates such establishments use. Change of Address. phone number. email - Online at wwwmmericanexpressxomlupdatecontactinfo - Via mobile device - Voice automated: cail the number on the back of your card - For name, company name, and foreign address or phone changes, please call Customer Care Please do not add any written communication or address change on this stub Credit Balance: A credit balance (designated CR} shown on this statement represents money owed to you. H within the sixAmonth period following the date of the first statement indicating the credit baIance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1 .00 or more. 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. What To Do lfYou Think You Find A Mistake 0n Your Statement If you think there is an error on your statement, write t0 us at; American Express, PO Box 961 535. El Paso TX 79998-1 535 You may also contact us on the Web: www.americanexpressAcom In your letter, give us the following information: - Account information: Your name and account number, - Dollar amount: The dollar amount 0f the suspected error. - Description of Problem: lfyou think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writing {or electronically}. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: -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, But, 'rf we determine that we made a mistake, you will not have to pay the amount in question 0r any interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder 0f your balance, -We can apply any unpaid amount against your credit limit. Your Rights IfYou 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 of the following must be true: 1.The purchase must have been made in your home state or within 100 miles of your current maiIing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card 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 of the criteria above are met and you are still dissatisfied with the purchase, contact us I'n writing or electronically at: American Express, PO Box 981 535, El Paso TX ?9998-1 535 wwwamericanexpresscom While we investigate, the same rules apply to the disputed amount a5 discussed above After we finish our investigation, we witl 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. Pay Your Bill with AutoPay Deduct your payment from your bank account automatically each month. - Avoid late fees - Save time \fisit americanexpressxomlautopny today to enroll. Fm information on how we protect your privacy and to set your communicaxion and privacy choices, please visit www.ameflnnexpress.¢omiprivaq. O18 American Express Cash Magneto Card p. 3/6 AMERJrAN EXPRESS A CAPILI Closing Date 07/26120 Account Ending.1 004 Customer Care 8: Billing Inquiries 1-800-635-5955 Hearing Impaired _ .r International Collect 1-336-393-1 1 ‘l 1 TI'Y: 1-800-221-9950 WEbSItE: amencanexmess-Com Large Print & Braille Statement lv80063575955 FAX: 162377074442 Cash Advance atATMs Inquiries 1-800-CASH-NOW In NY: 1-800-522-1 897 C0530!!!“ Cflr_e_ & Blllmg lnqumes Payments ?.O. BOX 981535 PO BOX 0001 EL PASO, TX L05 ANGELES CA 79998-1 535 90096-8000 Fees Amount 07/20/20 Late Payment Fee $40.00 Total Fees fat lhis Period $40.00 Interest Charged Amount Total Interest Charged for this Period $0.00 About Trailing Interest You may see interest on your next statement even if you pay the new balance in full and on time and make no new charges. This i5 called “trailing interest“. Trailing interest is the interest charged when, for example, you didn‘t pay your previous balance in full. When that happens, we charge interest from the first day of the billing period until we receive your payment in full. You can avoid paying interest on purchases by paying your balance in full [or if you have a Plan balance, by paying your Adjusted Balance on your billing statement) by the due date each month. Please see the ”When we charge interest" subsection in your Cardmember Agreement for details. 2020 Fees and Interest Totals Year-to-Date Emu!“ Total Fees in 2020 $276.00 Total interest in 2020 $82.47 Interest Charge Calculation Days i" 3"“"9 Peri°¢ 3‘ Your Annual Percentage Rate (APR) is the annual interest rate on yout account. Transactions Dated Annual Balance Interest Percentage Subject to Charge From To Rate Interest flute Purd‘lases 1 U1 5/201 8 23.99% (v) $0.00 $0.00 Cash Advances 1 1/1 5/201 8 25.24% (v) $0.00 $0.00 Total $0.00 (v) Variable Rate O19 A CAPILI Account Ending-moa p. us 020 AMEignrggs A CAPIU Closing Date 07/26120 Account Ending {05664 IMPORTANT NOTICES Claims Resolution Clause Update The address for sending a claim notice to American Express has changed. Notice to American Express should be sent t0 American Express ADR Clo CT Corporation System, 28 Liberty Street, New York, New York 1 0005. Important Notices continued on natpage. 021 A CAPILI Closing Date 07/26/20 Account Ending 1004 IMPORTANT NOTICES continued EFT Error Resolution Notice In Case of Errors or Questions About Your Electronic Transfers Telephone us at 1-800-IPAY-AXP for Pay By Phone questions, at 1-800-528-21 22 for Pay By Computer questions. and at 1-800-528-4800 for AutoPay. You may also write us at American Express, Electronic Funds Services, P.O. Box 981 531, El Paso TX 79998-1 531, or contact online at www.americanexpress.com/inquirycenter as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. 1. Tell us your name and account number (ifany). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. lf we take more than 10 business days to do this, we will credit your account for the amount you think is in error. so that you will have the use of the money during the time it takes us to complete our investigation. End ofImportant Notices. 022
