re 1788Cal. Super. - 1st Dist.March 23, 2021Ryan Vos SB224368 Lisa Herme SB283111 Christine S. Siduguen SB240380 Gissela Arrincon-Tepeli SB309803 Joel E, Sherer SB321988 MANDARICH LA%V GROUP, I,LP P.O. Box 109032 Chicago, IL 60610 Telephone: 877.285.4918 Facsimile: 818-888-1260 Atto~ neysfor Plaintiff: ABSOI. UTE RESOI. UTIONS INVESTMENTS, I I.C SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO - LIMITED ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, Plaintiff, vs. DON PHETSOMPHOU Defendant ) Case No.: CGC-18-572272 ) ) ) DECLARATION IN SUPPORT OF ) APPLICATION FOR BKFAUI.T ) SUDGMF.NT PURSUANT TO CIVIL ) COBE $ 1788.60(a) ) My name is ~~~~ ~~CK . I am over eighteen years of age, of sound mind and fully competent to make this Declaration, and I having personal knowledge of the facts stated herein: l. I am a custodian of records of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, and I am authorized to make this declaration on its behalf. I am familiar with the process of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC regarding the purchase of accounts. It is ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's regular practice to obtain, integrate, and rely upon the documents prepared by the issuer of the debt. Said documents are integrated into the records of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, kept in the regular course of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's business, and ABSOLUTE RESOLUTIONS INVESTMENTS, LLC relies upon the accuracy of such documentation in its day to day business activities. First National Bank of Omaha is known by ABSOLUTE RESOLUTIONS &VESTMENTS, LLC to be a reliable source of such information, as that entity is regulated by the United States and charged with keeping accurate records. 2. Attached hereto are records of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, including the integrated records of First National Bank of Omaha. These records are kept by ABSOLUTE RESOLUTIONS INVESTMENTS, LLC in the regular course ofbusiness, and it was II II IIIII III II II II I I III I I II I I !II I II I II 4151V636339 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/07/2019 Clerk of the Court BY: NADITA MASON Deputy Clerk the regular course of business of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC for an employee or representative of ABSOLUTE RESOI.UTIONS INVESTMENTS, LLC with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record, and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. 3. In preparation of this Declaration, I have reviewed ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's electronic data file on DON PHETSOMPHOU along with the Exhibits attached hereto. Based on my familiarity with ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's procedures regarding obtaining and integr.ating account documents upon purchase of charged off accounts, my review of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's electronic data file and the attached Exhibits, and my general familiarity with this account, I having personal knowledge of the account and the matters stated herein are true. According to the electronic data file and attached records, I could and would competently testify to debt as follows: 4. On or about 03/30/2018, ABSOLUTE RESOLUTIONS INVESTMENTS, LLC became the current owner of and successor in interest to the obligation sued upon, and was assigned all the rights, title and interest to Defendant's FIRST NATIONAL BANK OF OMAHA account XXXXXXXXXXXX3213 (hereinafter "the Account"). Federal law required the original creditor to send monthly statements to the Defendant at the address at v hich the Defendant advised that they were residing at the time that they established the Account, or to any subsequent address provided by the Defendant. 6, This Account was purchased on or after January 1, 2014 and, therefore, upon advice of counsel, is subject to California Civil Code section 1788.60. 7. In accordance with California Civil Code section 1788.58(a)(3-8), the attached records of ABSOLUTE RESOLUTIONS INVESTMENTS, LLC as well as the ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's electronic account records show the following relevant information concerning the Account. A. Plaintiff, ABSOLUTE RESOLUTIONS INVESTMENTS, LLC is the sole owner of the Account. B. The Account was opened on 01/21/2014 and charged-off on 02/28/2018 with a balance of $ S,116.86. 4151v636339 C. ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's records show that the balance at charge-off was $5,116.86 and ABSOLUTE RESOLUTIONS INVESTMENTS, LLC is not seeking to recover post-charge off interest and/or fees that may have been imposed by the charge-off creditor or subsequent purchasers of the debt and is seeking to recover only that portion of the charge off balance that remains due and owing as of April 3, 2019 D. The date of last payment on the subject account was on or about July 14, 2017 E. The charge-off creditor at the time of charge-off is First National Bank of Omaha, P.O. Box 2557, Omaha, NE 68103 and the charge-off creditor's account number associated with this debt is XXXXXXXXXXXX3213. F. The name and last known address of the debtor as they appeared in the charge-off creditor's records prior to the sale of the debt is DON PHETSOMPHOU, 150 FRANKLIN ST APT 103, SAN FRANC]SCO, CA 94102-6003. G. Plaintiff is the only entity that purchased the debt after charge-off and its name and address are as follows: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, 8000 Norman Center Dr, Suite 350, Bloomington MN 55437. 8. ABSOLUTE RESOLUTIONS INVESTMENTS, LLC's records state that ABSOLUTE RESOI.UTIONS 1NVESTMENTS, LLC or its agents made demand for payment of the balance herein prior to making this declaration and Defendant failed to make full payment of the amount owed on the Account. 9. Attached hereto as Exhibits A-C are the Account records I reviewed in executing the declaration that relate to the Account and/or payment(s) received. EXHIBIT A: Debt Provider Data document and Chain of Title pursuant to Civil Code section 1788. 58(a)(3), (4}, (5}, (7) and (8). EXHIBIT B; Billing Statements and/or Loan File, including but not limited to the monthly statement recording a purchase transaction, last payment or balance transfer where applicable pursuant to Civil Code 1788.58(a)(5). EXHIBIT C: Final Billing Statement and/or transaction history pursuant Civil Code section 1788.58(a)(4) and (6). 10. Based on the foregoing, Plaintiff hereby requests judgment in the amount of $5,116.86 (less any payments that may have been made), any applicable interest, court costs 4 151V636339 incurred herein, and any applicable reasonable attorney's fees according to proof, contract and applicable law. 4151V636339 I hereby declare that the above statements are true and correct to the best of my knowledge and belief, and that I understand they are made for use as evidence in court and are subject to penalty for perjury under the laws of the state of California. Executed at , Minnesota on ABSOLUTE RE SOLUTIONS INVESTMENTS, LLC By: PFrP BAPCK Authorized Agent for Plaintiff 4151V636339 EXHIBIT A .For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Debt Sale Agreement (the "Agreement"), dated as of the 28th day of March, 2018, by and between First National Bank of Omaha ("Seller" ) and Absolute Resolutions Investments, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse and to the extent of Seller's ownership, the Receivables as set forth in the Receivables Data File (as defined in the Agreement), dated March 30, 2018, it being understood that such transfer, sale, conveyance, grant and delivery is made without any representations or warranties except those expressly made in the Agreement. FIRST NATIONAL BANK OF OMAHA Signature; Title: Date: FIRST NATI NAL BANK OF OMAHA i Signature: Name: AlVL EXHIBIT 8 PAGE 1 Receivables Data File First National Bank of Omaha 3/30/2018 1614 ~6216 ~ VISA PHETSOMPHOU DON 150 FRANKLIN ST APT 103 Receivables Data File First National Bank of Omaha 3/30j2018 K I N 0 P Q 1614 SAN FRANCISCO cA 94102-6003 ~ 5 5,116.86 5 Receivables Data File First National Bank of Omaha 3/30/2018 16'l4 $ 5,116.86 2/28/2018 1/21/2014 7/14/2017 N W FBC111 000000000 Receivables Data File First National Bank of Omaha 3j30/2018 AA 1 'Agerit Ba'nk:,'Nuriiber;::j'ub Agerit,"Baiik'Number, '.! 1614 001 000 EXHIBIT B 2253 First National Bank Omoha 031447 First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 A vnts s: ~3213 New Balance: ........„...„,................$4,360.77 Minimum Payment Due: ................. $ 117.00 Payment Due Date: .......... August 14, 2017 Make checks payable Io Fse) Ne)ionel Bank Omaha Amount of Payment Enclosed DON PHETSOMPHOU 150 FRANKLIN ST APT 103 SAN FRANCISCO CA 94102-6003 Change of Address'? If yes, please complete reverse side. Pfndnum ed)lion Vis»(rp PLEASE DETACH HERE AND RETURN TDP PORTION WITH YOUR PAYMENT Account Number:~ 3213 Page 001 of 001 "- Account Summary Payment information Previous Balance ... Payments ...,............ Other Credits .......... Purchases ......,..., ... Balance Transfers .. Cash Advances ...,.. Fees Charged ......... Interest Charged ..... New Balance ......... ... $4,533,41 .......-$247.00 ...........-$0.00 ..........+$0.00 . +$0.00 ...„...,.+$0,00 ..........+$0,00 ........+$74,36 ..... $4,360.77 Statement Closing Date ....... 07(18/17 Days in Billing Cycle .......................32 New Balance . Minimum Payment Due Past Due Amount Payment Due Date. .... „,........ $4,360.77 ..$ 117.00 „...,....„„...„...$0.00 .....August 14, 2017 Qtd)'ate Payment Warning: If we do not receive your minimum payment by the date listed above, you may have lo pay 8 late fee of Up to $35 and your APRS 01ay be Incf'eased to 6 Penalty APR of Up to 30.74%. CQ Minimum Payment Warning: If you make only the minimum payment each period, you will pay mare in interest and it will take you longer to pay off your balance. For Example: Total Credit Limit,. Available Credit ...., Cash Llm)t ............. Available Cash ...... ,... $4,700,00 .......$339.00 ...,...,$960.00 ...,. $339.00 ))you'moke no eddhinnsl charges usino gss cero ond ecch monlh you psy ... Only Ihe minimum payment $159 You will pey off the belence L shown on Ibis ste)ement in shout .. 26 years 3 years And you w)1l end up. paying en eslimeted Io)ef of... $ 10,794 $ 5,724 (Savings $5,07I3) I(you would like information about crediI counseling services, call 1-866-486-6322. 8 Customer Service Save Time and Stamps by Paying Online! Call: Toll Free 1-888-530-3626 ITDD Telecommunice)lone Device loc Ihe Desf: 1-880 925-2833) IBelsnCe Transfer Ho)line: 1.877-388%231) Visit: www.fnbomaha.corn Remit to: First National Bank Omaha, P.O. Box 2557, Omaha, NE 68103-2557 ~ Smart Tips Avoid Credit Card Fraud Do not give out your account number over the phone unless you initiate the cali, Credit card thieves have been known to pose as credit card issuers and other businesses to trick you into giving Dut your credit card number. Legitimate companies don't call you to ask for a credit card number over the phone, Trans Post Reference Date Date Number Payments and Other Credits 7-14 7-14 74418007195075000027575 Fees Total Fees For This Period Interest Charged Interest Charge on Purchases Interest Charge on Cash Advances Interest Char e on Balances Transfers Total Interest For This Period Transaction Description EXPEDITED PAYMENT us Credits (CR) and Debits $247.00 (CR) $0.00 $74.36 50.00 50.00 $74.36 Your Annual Percentage Rate (APR) is the annual interest rate an your account. (v) Variable Rate (f) Fixed Rate Charge Annual Percentage Balance Subject Days Rate Used Interest Charge Summary Rate (APR) to Interest Rate Purchases Cash Advance Intro Purchases 18 74% {v) $ 3,459,51 32 $ 56.78 25.99% (v) $ 0.00 32 $0.00 18 74% (v) $ 1,071.47 32 $ 1 7.58 2017 Total Year-to-Date Total fees charged in 2017 ...... Total inlerest charged in 2017 ...... $ 25.00 .„„$477.94 Issued by First National Bank of Omaha See reverse far addigonal information. To ensure accuracy, please print clearly using upper-case letters and numbers only. Please do not u e Rec Ink, Gel pens or Pencil. CHANGE OF ADDRESS, PHONE, OR E-MA)i Address AptfBldgff City State, ZIP Home Phone Work Phone Cell Phone E-mail Address If yau have a Credit Card for business purposes, and are requesting an address change, we may request additional information. Balance Subject to Interest Rate: Each Balance Subject Io lnleresl Rate" shown on Ihe front of !his statemenl is de(ermined using Ihe average daily balance (including new purchases) method Each such balance is calculahd separately for each period that a particular rate was in effecl (referied lo below as a "Rale Period" ). To get each average daily balance, we first compule a Daily Balance Ior each day of the Rale Period as follows'I) we starl with lhe beginning balance of each day, (2) we add any new Iiansactions (such as Purchases, Balance Transfers, Cash Advances and debit adjustments, as appliable) and any new fees, and (3) we subtract any appbcable payments, credits, or credi't adjuslmenls. Each average daily balance that is shown on the front is computed by adding vp all the Daily Balances in the Rale Period and dividing the lolal by Ihe number of days in lhe Rale Periad (which shows on lhe front as 'Days Rate Used'. In making !hase computations: (a) we may treat a credil balance as a balance of zero; and (b) we may delay adding fees lo your balance; and (c) each day, we multiply your Daily Balance by lhe applicable daily p riodic rale and add fha( amounl la your balance la d.!ermine the next day's beginning balance. lrrterest Charges: We figure the interesl charges on your account by applying lhe applicabie daily periodic rate lo Ihe applicable average daily balance of your account and multiplying that praducl by the number af days in Ihe Rale Period. How to Avoid Paying interest on Purchases: If yau pay your New Balance as shown an Ihe front of this billing stalement by Ihe Payment Due Date and if we also received paymenl in full af your New Balance as indicaled an your previous billing shtement by its Payment Due Date ar if that New Balance was zero or a credil, no inlerest charges wil! be assessed on Purchases shown on yaur nexl billing slalement. Unless you have been specifiml!y no!ibad otherwise, no period is provichd to repay non-Purchase balances without incurring interest charges- in other words, there is no grace period for Cash Advances or Balance Transfers. Payment Requlremenls: Paymenls must be (I) accompanied by the lap poilion of this billing sh!ement; {2) received no later gian 5:00 p m. (Cenlral Tiine) on Ihe Paymen! Due Dafe a! Ihe loca!ion vie have specified for receipt of vour paymenl, (3) made only by check or money order if your paymenl is made by mail, {4) made in U S. Dollars, and (5) sent to the P.O Box specified on Ihe lap of Ihe fronl of Ihis slalement If we accepl a paymenl that does not comply with Ihese requirements, Ihere may be a delay in crediting your account, which may resull in addi!lanai interesl and fees. If your payment is returned unpaid by yaur bank for insufficien! funds, we may re-present your check eleclronically. Credit Limits: Only Ihe "Cash Limil portion of yaur Credil Limi! is available hr cash advances 'Available Credit or Available Cash" refers fa the pari of your Credit Limil or Cash Limit thai was available as of Ibis billing stalement's dosing date arxf inay not reflect overlimit or credit balance amounts. We may raise or lawer your Credil Limit and!or Cash Limit at any time and may restrirt Ihe amount Ihat is available for Balance Transfers. Afler we credit a paymenl lo your account, there may be a delay before itoperales to restore your Available Credit ar Avaihble Cash. Bll LING RIGHTS SUMMARY What To Do if You Think You Find a Mistake on Your Statement If yau think lheie is an error an your slalemenl, write lo us at: Fiisl National Bank of Omaha, P.O. Box 3696 Omaha, I'IE 68103-0696. In your lelfer, give us the following information: ~ Account informafion: Your name and accaunl number. e Daffar amavnr. The dollar amovn! of the suspecled error. Descripfion of Problem: If you Ihink there is an error on your bill, d scribe what you believe is wrong and why yov believe it is a fnistake. You mvsl contact us within 60 days ager the error appeared on your slatemen! You must nohfy us of any potential erroisin wrifing. You may call us, bu! if you do we are nol requi ed lo investigale any potenlia! errors and yau may have to pay Ihe amount in question, VVhile we invos!igate whelher or nol there has been an error, the fallowing are Irue. ~ We canno! Iiy to coflee! Ihe amount in queslion, or reparl you as delinquent on Iha! amaunl. ~ The charge in question may remain on your statement, and we may continue to charge you inlcrest on that amounL Bul, if we determine that vfe made a mistake, you will not have ta pay the amount in ques!ion ar any inlerest or other fees related lo thai amount ~ While you do not have ta pay the amount in quesliarc you are responsible for Ihe remamder of your balance. ~ We can apply any unpaid amount againsl your credit limit. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissalis&ed wilh the goods or services Ihat you have purchased viith your crediI card, and yau have tned in good faith ta cariect lhe problem viilh Ihe merchant, you may have the right nol !o pay Ihe remaining amount due on Ihe purchase. To use lhis right, all of the following inusl be Iiue: 1 The purchase must have been made in your home Shte or within 100 miles of your currenl mailing address, and lhe purchase price musi have been more Ihan $50 (Nate: Neither of Ihese are necessary if your purchase was based on an advertisement we mailed to yau, or if we own bne company that sold yau the goods ar services.) 2. You must have used your credil card for Ihe purchase. Purchases made wilh cash advances from an ATIvl or wilh a check Ihal accesses your credit card account do nol qualify. 3. You must nol yel have fulfy paid for the purchase. I( all ol the uiteda above are me! and you are still dissalisfied with Ihe purchase, con!eel usia wri(ing aL'irsl Natiorral Bank af Omaha, P O. Box 3696 Omaha, NE 68103.0696. While we invesiigale, lhe same rules ly Ia the dispuled amounl as discussed above. Aller we linish our invesligaiion we wilt hll yau our decision At Ihat poinl, if we think you awe an amounl and you da no! pay we may report you as delinquent, Lhblllty (ar Unauthorized Use: If yau notice Ihe loss or the!I of your credil card or a passible unauthorized use of your card, you should write Io us immedia!ely ai PO. Box 3696 Omaha, NE 681034!696 or Ihe facsimile number 402-602-6098 or call us al 1-800-688-7070. You will nat be liable far any unau!horized use that occurs ager you notily us. You may, however, be liable for unauthorized use thai occurs before your notice lo us. In any case, your liability will nol exceed 550 No Pre-Set Spending Limit: If your account has no pre-set spending limit as previously discbsed lo you, please read the following provisions applicable to your accounL tki pre-set spending limit does no! mean unbmiled spending. Your account will be assigned a revolving credit limil for Piuchases and Cash Advances. For Cash Advances, yau may only spend up Ia your assigned cash revolving credil limit. For Purchases, you may be aulhorized to exceed your assigned reva!ving credit limil. Each transaclian you make is authorized based on factors such as your accovn! hislary, uedt! record, absence or presence of suNiec!ed fraud, and performance and delinquency pal!eras. If yau al!empt lo make a Iransacgon that exceeds your assigned revolving credit Iimil for Purchases, your accaunf will be eve lualed based upon the lenglh of lime your account has been open and accovnl usage, performance and delinquency pallems wilh us, current and histoncal information regarding your credil in general, and yaur ability to repay. In cerlain circumshnces, we may ask for addi!ional linancial records lo authorize a Iransadion. If you are au!horized lo exceed your revolving credit limit, you will be required io pay, as part of your minimum monlhly payment, Ihe amount by which your New Balance exceeds your revohiing credil limit. We encourage you to prcvide us with nolice of far!beaming unusual aclivity, such as high Iransaction amounts, high velacity, or changes in geographic patterns For a!I purposes of Ibis Mlkng slatemenl any reference ta Credil Limit means revolwng credil limit. Information Provided to Credit Bureaus Information aboul your account is periodically provided la one or more uedit bureaus. Laic paymenls, missed paymenis. or other defavlls an your accounl may be reflected in your credit reporl, lf you Ihink any infoimaban regarding yov ar your account is inaa:urale, write la us on a separate sheel at: P.O Box 3412, Omaha, NE 68103-0412. EXHIBIT C First National Bank Omoho A 34 3: ~3213 New Balance: .........,.................,...$5,116.86 Minimum Payment Due: .............. $ 1,197.80 Payment Due Date: ,....Now Due 2253 040535 First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 Make checks payable io Fkst tvobonei Bank Omaha Amouni of Payfneni Enclosed DON PHETSOMPHOU 150 FRANKLIN ST APT 103 SAN FRANCISCO CA 94102-6003 Change of Address7 If yes, please comp!ete reverse side. 3213 0000000119700 0000000511I 8l Plfirlnuin Edifli3333fTh VisuLnf PLEASE DETAOH HERE Ako RETURk TOP PORT!ok WITH YOUR PAYh4EHT Account Number:~ 3233 Page 001 of 002 "- Account Summary Payment information Previous Balance .. Payments Other Credits ..„... Purchases Balance Transfers . Cash Advances ..... Fees Charged ......,. Interest Charged .... New Balance .....,.. ..... $5,007.44 ...........-$0.00 ....,......-$0.00 .........,+$0.00 .......... +$0.00 .„.......+$0.00 ...... +$35.00 ........ +$74.42 ..... $5,116.86 Statement Closing Date ....... 02/15/18 Days in Billing Cycle ........, .............28 New Balance Minimum Payment Oue Past Due Amount Payment Due Date ... ......$5,116.86 $ 1 197 00 $ 1 03800 ,.......Now Due Q+ Late Payment VI/arning; If we do not receive your minimum paymenl by the dais listed above, you may have to pay a late fee of up to $35 and your APRs may be increased to a Penalty APR of up to 31,24%. QQ Minimum Payment Warning: If you make only the minimum pay/Dent each period, you will pay more in interest and it will take you longer to pay off your balance. For Example: Total Credit Limit Available Credit ..... Cash Limit............ Available Cash ..„,. ..... $4,700,00 ............ $0.00 ........$950.00 ..........$0.00 If you make no eddhbcnel. -.. chefgee ueing this cord and eebhnionih you pey ., Only the minimum payineni You:wil'ey os the science shown on this slotemeni in about ... 28 years 3 years And you will end up 3 paying en esii3nsied, tekel of $ 12,B94 $6,768 (Savings $6,126) If you would like information about credii counseling services, cell 1-866-486-6322. 8 Customer Service Save Time and Stamps by Paying Online! Cail: Toll Free 1-888-530-3626 ITOD Telecommunicelions oev3ce for Ihe Deaf: I-800-925-2833h (Balance Tmnsier Hotline: 1-877-388-8231) Visit: www.fnbomaha.corn Remit to: First National Bank Omaha, P.O. Box 2557, Omaha, NE 68103-2557 P S~HTIP3 Have you secured your identity from theft? Remember that the most common way identity thieves get their hands an your information is by going through your trash. Be sure ta shred anything wilh sensitive information before throwing it away! Trans Date Fees 2-14 Transaction Detail Post Reference Date Number 2-1 5 74418408046000046062000 Transaction Description LATE FEE Credits (CR) and Debits $35.00 Total Fees For This Period $ 35.00 Interest Charged Interest Charge on Purchases Interest Charge on Cash Advances Interest Charge on Balances Transfers Total Interest For This Period &74342 $0300 $0.00 $ 74.42 Your Annual Percentage Rate (APR} is the annual interest rate on your account. (v) Variable Rale (f) Fixed Rale Charge Summary Annual Percentage Special Offer Dr Eligible Rate (APR) Purchase APR Expiration Date Balance Subject Days Rate to Interest Rate Used Interest Charge Purchases Cash Advance Intro Purchases 19 244/ (v) 26.49% (v) 19.24% (v) N/A N/A N/A $3,960.16 28 $ 58.41 $0.00 28 $0. 00 $ 1,085.56 28 $ 16.01 2018 Total Year-to-Date Total fees charged in 2018 . Total interest charged in 2018 .....$60.00 ....$ 154.09 Issued by First National Bank of Omaha Sse reverse for additional information. Continued next page LOB On Bn3ltlm6 - Clad Ol night Account Number:~ 3213 Page 002 of 002 Additional information Regarding Your Account Looking to Lower Your Monthly Payments' Explore your options on our secure website. We understand that everyone has challenging financial times. We can help you with payment programs designed around your needs. He. e are some options you may rfualrTy for as our cardmember. Reduced Payment Program - We'l work with you to determine a fixed monthly payment that's easier on your budget, so you'l have more money for everyday expenses. Debt Settlement Offer - Depending on your situation, you may be eligible for a settlement offer that could lower your current payoff amount. To learn more about the options available to you, log in to the website on the front of your statement and follow the helpful prompts under Payment Plans. You can also download our mobile app or call us directly at 1-800-537-3302. To ensure accuracy, please print clearly using upper-case letters and numbers only. Please do not use Red ink, Gel pens or Pencil. CHAI&ICE OF ADDRESS, PHONE, OR E-Itf(A)L Address Aptf Bfdgff- City State. ZIP Work Phone Ceil Phone E-!nail Address lf you have a Credit Card for business purposes, and are requesting an address change, we may request additional Informal!on. Balance Subject to interest Rate: Each 'Balance Subjecl to Interesl Rate" shown on the front af this siatemeni for each Balance Calegary is determined using Ihe average daily balance (induding new purchases) method. Each such balance is calculated separately for each period Ihat a pa!hauler rate was in effect (referred to below as a Rale Period). To get each averag daily balance for each Balance Category, we fihsl compute a 'Daily Balance fcr each day af the Rale Period as follows: (1) we sled with Ihe beginning balance of each day, (2} we add any new transactions and (ees, and (3) we sub!rect any applicable payments, credits, or credit adjuslments Ea h average daily balance that is shown on the front is camputed by adding up all the Daily Balances in Ihe Rale Period and dniiding the !otal by the number of days in Ihe Rale Penod (which shows on the fronl as "Days Rate Used"). In making these compulafians. ja} we may treat a c radii balance as a balance of zero; and (b) we may delay adding fees to your balance; and (c) each day, we multiply your Daily Balance by the applicable daily periodic rate and add that amount to your balance to determine the next day's tvv)inning balance. Interest Charges; We figure the interest charges on your account and far earh Balance Category by applying ihe applicabfe deify periodic hate to Ihe applicable aveiage daily balance andmultipiying that producl by Ihe number of days in the Rale Period. All of the interest charges for each Balance Category will be to!a!ed and lhai will be the total interest charged. How to Avaid Paying fnterest on Purchases: If yau pay your New Balance as shown on the front of this billing statemeni by the Payment Due Dale and if we also received payment in full of your New Balance as indicaled on your previous bilhng statement by iis Paymeni Due Dale (or if that I'lew Balance was zero or a c:edit), no in!crest charges will be assessed on Purchases shown on your next billing slatement. Unless you have been spedficaily natifed otherwise, no period is provided to repay non-Purchase balances without mcurring inlerest cl arges-in other words, !here is no interest-free (grace) period tor Cash Advan~ or Balance Transfers. Payment Requirements: Payments must be (1) accornpanh& by lhe lop portion of this billmg statement; (2) received no later than 5;00 p.m (Central Time) on the Payment Due Date ai ihe location we have sp~cifhed far receipi of your paymenl, (3) mad only by check or money order if your payment is made by mail, (4} made in U.S. Dollars, and (5) sen! fo Ihe P.O. !3ox specified on lhe lap of lhe front of !his s!alemenl. If we accept a payment thai does nol comply with these requirements, there may be a defay in crecBing your account, which may result m additianal inlerest and fees. If your payment is returned unpaid by your bank for insufhcient funds, we may re-presenl your check efectronically. Credit Limits: Only Ihe 'Cash Linhit" portion of your Credit Limit is available far cash advances. Available Credit" or "Avaifable Cash ref rs to lhe pari of your Credit I.imit or Cash Limit thai was available as of Ihis billir,g sta!ement's d~~ing dale and may not reflect overIimit or credit balance amounts. We may raise or icwer your Credit Limit and/or Cash Liimt at arri iime and may res!rial the amount thai is available far Balance Transfers. Atler we credil a payment lo your account, lhere may be a d lay t:efore i! opera!es to res!ore ycur Available Credil or Available Cash. BILLING RIGHTS SUMMARY What To Do If Yau Think You Find a Mistake on Your Statement If you think there is an error cn your statement, write to us at; First National Bank of Omaha, P O. Box 3696 Omaha, !ATE 68!03-0696. In your lelter, give us the following infonnalian: e Accoun! informs!ion: Your name and accouni numben o Dollar arnounc The doflsr amount o( the susie:ted error, ~ Descn'pfian af Problem: If you think there is an error on your bill, describe whal you behave is wrong and why you believe it is a mis!ake. You must canted us wilhin 60 days after the error appeared on your stalement. You musl notify us of any polential errors,'n»rffhng. You may call us, bul if you do we are not required lo investigate any polenlial errors and you may have to p-y the amount in ques!ion. While we invesligate wh ther or not !here has been an error, lhe fallowing ar !rue: ~ We cannol Iry to collect Ihe amount in questior; ar repar! you as delinquenl on Ihal amount. o The charge in question may remain an your sla!ement, and we may continue lo charge you interest on that amounL Bul, if &ve de!ermine that we made a mislake, you yrIII not have lo pay the amount in question or any interest or other fees rela!ed to lhat amaun!. e While you dc no! have la pay the amount in question, you are responsible for the remainder af yaur balance. ~ We can appfy any unpaid amount against your credhl limit Your Rights if Yau Are Dissatisfied With Your Credit Card Purchases rf you are dissalisfied v:ilh the gacds or services ihal you have purchased with your credit card, and you have tned in good faith lo coirecl lhe problem wi!h Ih merchant, you may have Ihe righi not to pay Ihe remainirhg amount due on the purchase. To use this right, all of the foflawing must be true: 1. The purchase musl have been made in your home Stale cr with::n 100 miles of your currenl mailing address, and the purchase price r.:iusi have been more Ihan $50. (Mole. Neither of these a n essary if your purchase was based on an advertisement we maiied to you, or if we awn the company lha! sold you Ihe goods or services ) 2. You must have used your credhi card for lhe puichase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account dc not qualify 3. Ycu must nol yet have fully paid for hie purchase. If ag of Ihe criteda above are met and you are still dissaiisfied with Ihe purchase, cor:lect us in wnfing at: First National Bank of Omaha, P.O. Box gog6 Omaha, NE 68103-0698. While we investigate, the same rules apply la ihe disputed ~mount es discussed above. Afler we finish our investigation, we will tell you our decision. At !hat po:n!, if we think you awe an amaunl and you do not pay we may report you as delinquent. Liability for Unauthorized Use: lf you notice Ihe loss ar Iheft of your credit card ar a possible unaulharized use of your card, you should write io us immed.alely at P.O. Box 3696 Omaha, NE 68103-0696 or Ihe !acsirniie number 402-602-6098 or call us a1 1-800-688-7070. You will not ae iiable fcr any unauthorized use that occurs afler ycu notify us. You may however, be liable for unaulhorized use !ha! occurs before your no!hce!o us In any case, your tiab::hly will not exceed $50. information Provided to Credit Bureaus: information about your accaunt is penadically provided lo one or more credit bureaus. Late payments, missed payments, or other defaults on your account may be re!lee!ed in your crecii! report. If you think any inform a!ion regarding you or your accoun! is insecure!e, w;ile !a us an a separate sheet at: P.O. Box 3z12 Omaha, NE 68103-0412.
