ComplaintCal. Super. - 3rd Dist.November 27, 2019a ” 31 0. PLD-C-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) 562576 FOR COURT USE ONLY Jennifer Myers, Esq. (Bar #326289) REESE LAW GROUP 3168 Lionshead Ave Carlsbad CA 92010 Superior Court of California TELEPHONE NO.; 760/842-5850 FAX NO(Optional): 760/842-5865 County of Piacer E-MAIL ADDRESS (Optional): WELLS FARGO BANK. NLA NOV 2'7 2019 SUPERIOR COURT OF CALIFORNIA , COUNTY OF PLACER Mi Jake Chatte rs Executive Officer & Clerk By: M. Anderson, Depu's STREET ADDRESS: 10820 Justice Center Dri ve MAILING ADDRESS: 10820 Justice Center D rive CITY AND ZIPCODE: + Roseville, CA 95661-907 2 BRANCHNAME: ROSEVILLE BRANCH PLAINTIFF, WELLS FARGO BANK, N.A. DEFENDANT: MATTHEW T INGERSOL L [[] DOES1TO CONTRACT COMPLAINT [<] AMENDED COMPLAINT (Number): [_] _CROSS-COMPLAINT [-] AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): CASE NUMBER: Cx ACTION IS A LIMITED CIVIL cas e 9 6 Amount demanded does not exceed $10,000 exceeds $10,000 but does not exceed $25,000 Mi C V 0 0 7 5 3 bl ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this ame nded complaint or cross-complaint KH from limited to unlimited from unlimited to limited Plaintiff*(name or names): WELLS F ARGO BANK, N.A. alleges causes of action against defenda nt*(name or names): MATTHEW T INGERSOLL 2. This pleading, including attachmen ts and exhibits, consists of the followin g number of pages: 3. a. Each plaintiff named above is a competent adult W. except plaintiff (name); SAME A S “1" ABOVE (1) | a corporation qualified to do business in California (2) [J] an unincorporated entity (describe): (3) HEM other (specify): PLAINTIFF IS A NATIONAL BANKING ASSOCI ATION ORGANIZED UNDER THE NATIONAL BANKING ACT, TITLE 12 OF THE UN ITED STATES CODE. b. ([] Plaintiff (name): a. [L_] has complied with the ficti tious business name laws and is doing business under the fictitious name (specify): b. | has complied with all lice nsing requirements as a licensed (s pecify): c. [__] Information about addition al plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named ab ove is a natural person [_] except defendant (name): (] except defendant (name): (1) [] a business organization, form unknown (1) [J a busine ss organization, form unknown (2) (J acorporation (2) [__] acorporation (3) Cc] an unincorporated entit y (describe): (3) [ _] an unincorporated entity (desc ribe): (4) (_] apublic entity (describe): (4) [] apublic entity (describe): (5) [__] other (specify): (5) [__] other (specify): “If this form is used as a cross plaint, plaintiff means cross-complai nant and defendant means cross-d efendant, Page 1 of 2 Form Approved for Optional Use COMPL. AINT-Contrac t Code of Civil Procedure, § 425.12 Judicial Council of California PLD-C-001 [Rev. January 1, 2007} VIA FAX PLD-C-001 SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, N.A._ iv. MATTHEW T INGERSOLL 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) [L) 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) [__] Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. [__] Information about additional defendants who are not natural persons is contained in Attachment 4c. d. [(_] Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. [__] Plaintiff is required to comply with a claims statute, and a. [] has complied with applicable claims statutes, or b. [__] is excused from complying because (specify): 6. Hl This action is subject to [MM Civil Code section 1812.10 [_] Civil Code section 2984.4. 7. This court is the proper court because a. Cc] a defendant entered into the contract here. b [__] a defendant lived here when the contract was entered into. c. [HEBD a defendant lives here now. d. [_] the contract was to be performed here. e [__] a defendant is a corporation or unincorporated association and its principal place of business is here. f, [__] real property that is the subject of this action is located here. g. [_] other (specify): 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): Hl Breach of Contract HI Common Counts [__] Other (specify): 9. [_] Other allegations: 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. [HBB damages of: $10,756.10 b. [__] interest on the damages (1) [Jaccording to proof (2) [_] at the rate of (specify): percent per year from (date): c. [BBM attorney's fees 1) Coot $ (2) [according to proof. d. [RBBB other (specify): Plus costs of suit. Minus any payments made that have not yet been credited. South Dakota laws apply. 11. [__] The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers): Date: WW-H2014 > Jennifer Myers, Esq. { (TYPE OR PRINT NAME) ¥ (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) (if you wish to verify this pleading, affix a verification.) PLD-C-001 (Rev. January 1, 2007] COMPLAINT-Contract Page 2 of 2 VIA FAX PLD-C-001(1 SHORT TITLE: WELLS FARGO BANK, N.A._ v. MATTHEW T INGERSOLL CASE NUMBER: FIRST CAUSE OF ACTION-Breach of Contract (number) ATTACHMENT TO EB Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) BC-1. BC-2. BC-3. BC-4. Plaintiff (name): AS STATED IN PARAGRAPH “1" alleges that on or about (date): August 28, 2007 a [i written [J] oral [_] other (specify): agreement was made between (name parties to agreement): DEFENDANT AND PLAINTIFF OR PLAINTIFF'S ASSIGNOR SET FORTH IN EXHIBIT 1. HB A copy of the agreement is attached as Exhibit 1, or [_] The essential terms of the agreement [_]Jare stated in Attachment BC-1 [_Jare as follows (specify): On or about (dates): VARIOUS DATES AFTER THE CONTRACT WERE EXECUTED defendant breached the agreement by [__] the acts specified in Attachment BC-2 HM the following acts (specify): FAILING TO PAY AS AGREED. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement [__] as stated in Attachment BC-4 WB as follows (specify): DAMAGE IN THE AMOUNT OF $10,756.10 BC-5 [EE Plaintiff is entitled to attorney fees by an agreement or a statute L_] of $ BB according to proof. BC-6 MM Other: Plus costs of suit. Minus any payments made that have not yet been credited. South Dakota laws apply. Page Page 1 of 1 Code of Civil Procedure, § 425.12 Form Approved for Optional Use - Breach of Contract i Judicial Council of California CAUSE OF ACTION-B c www.courtinfo.ca.gov PLD-C-001(1) (Rev. January 1, 2007] “~, PLD-D-001(2 SHORT TITLE: CASE NUMBER: WELLS FARGO BANK, NA. Vv. MATTHEW T INGERSOLL SECOND CAUSE OF ACTION-Common Coun ts (number) ATTACHMENT TO HA Complaint [_] Cros s - Complaint (Use a separate cause of action form for each cause of act ion.) CC-1. Plaintiff (name): AS STATED IN PARAGRAPH “4 " alleges that defendant (name): became indebted to MM plaintiff ©) other (name): a. BB within the last four years (1) HM oon an open book account for money due. (2) HB because an account was stated in writin g by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [HIM within the last © [_] two years WE four years (1) QM for money had and received by defendan t for the use and benefit of plaintiff. (2) [__] for work, labor, services and materials re ndered at the special instance and request of defenda nt and for which defendant promised to pay plaintiff. [__] the sum of $ [_] the reasonable value. (3) BBB for goods, wares, and merchandise sol d and delivered to defendant and for which defenda nt promised to pay plaintiff WM the sum of $10,756.10 [__] the reasonable value. (4) GM for money lent by plaintiff to defendan t at defendant's request. (5) WH for money paid, laid out, and expen ded to or for defendant at defendant's special instance and request. (6) [__] other (specify): CC-2. $10,756.10 _ which is the reasonable value, is due and u npaid despite plaintiffs demand, plus prejudgment interest [__] accordin g to proof [__] at the rate of percent per year from (date): cc-3. [i Plaintiff is entitled to attorney fees by an agreement or a statute J of $ HE according to proof cc-4. [ Other: Plus costs of suit. Minus any payments mad e that have not yet been credited. South D akota laws apply. Page Page 1 of 1 " ivi cedure, § 425.12 Form Approved for Optional Use AUSE OF ACTION-Common Counts Code of Civil Pro: e Judicial Council of California CAU o www.courtinfo.ca.gov PLD-C-001(2) (Rev. January 1, 2009] VERIFICATION |, Jennifer Myers, Esq., declare: 1. | am an attorney at law admitted to practice before all courts of the State of California, and have my office in San Diego County, California; and am the attorney for Plaintiff in the above-entitled action. 2. Plaintiff is unable to make this Verification because officers of Plaintiff are absent from the county in which | have my office, and for that reason, affiant makes this verification on Plaintiffs behalf. 3. | have read the foregoing Complaint. The allegations pertaining to venue and the nature of the action are true. All other allegations are true based on information and belief. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on W- §-Tol4 _ at Carlsbad, California. 4. Mp. / ' Jehnifer Myers, Esq. VIA FAX Page | of 8 CONSUMER CREDIT CARD CUSTOMER AGREEMENT & DISCLOSURE STATEMENT VISA® TABLE OF CONTENTS Your Contract With Us: Section 1 Using Your Account: Section 4 Changes To This Agreement: Section 10 Fees And Interest: Section 11 Billing Statements And Payments: Section 19 Other Important Information: Section 21 Arbitration: Section 31 Your Billing Rights: Section 32 Active Duty Military Service: Section 33 Interpreter Certification: Section 34 Notice To California Cardholders To our California customers who have discussed credit card terms and con ditions with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog: Read Section 34 about interpreter certification before you activate you r credit card, Lea la Seccién 34 sobre certificacion de intérprete antes de activa r su tarjeta de crédito. ae PE U-K ZA 94 tI) PARRA RAE) ‘ ASO ASISH SA SSAAI! Ol SAA OBO! HS 35SS HOA) BREUICH. Hay doc Phan 34 vé xae nhan thang dich vién truéc khi quy vi kich hoat thé t in dung cla minh. Basahin ang Seksyon 35 tungkol sa sertipikasyon ng tagapagsaling -wika bago mo i-activate ang iyong credit card. Your Contract With Us (1) Agreement. This contract for your credit card account ("Acc ount") includes the Credit Card Agreement ("Agreement"), the Important Terms of Your Credit Card Account and future amendments to this Agreement. This Agreeme nt is a contract between Wells Fargo Bank, N.A. and each Accou nt holder. You and any joint Account holder accept the terms of this Agreement by using or activating your Account. Please read this Agreement carefully and keep it for your records. (2) Definitions Annual Percentage A rate, shown as a percentage, used to calculat e interest on the balance on your Account. Rate (APR) The time period between billing statements. Each billing statement s hows a statement closing date which is the Billing Cycle or last day of the Billing Cycle. Billing Period The transfer of a balance from another credit account to your Acc ount, including the use of a check that accesses Balance Transfer your Account. Card Any cards we issue to you-or any de vices we allow you use to access credit on your Account. Use of your Card to get cash. Examples include using your ca rd for cash advances through an ATM, bank teller or] Wells Fargo Online, Overdraft Protection advances, balance transfers, or cash-like purchases such as money Cash Advance orders, wire transfers, traveler checks, foreign currency, lottery tickets, casino chips, off-track wagers , other wagers, vouchers redeemable for cash or similar items. A device, other than your Card, like SUPERCHECKS™ and mobile devices, that we allow you to use to access Credit Access Device |credit on your Account. Important Terms of Your Credit Card Account A summary of your Account's APRs, fees and ot her important information. New Balance The total amount you owe as of a statement closing date. The sum of all unpaid amounts, including Purchases, Cash Advances, balance transfers, interest, fees and any Outstanding Balance |other amounts that you may owe US. The date the Minimum Payment is due. It will be at least 25 days from the statement closing date and will be Payment Due Date provided on your billing statement. Use of your Account to buy or lease goods or services. C ash Advances, Balance Transfers and cash-like Purchase transactions are not Purchases. Tax payments and associated fees are Purchases. Credit Limit This is the amount that is avail able for your use. Wells Fargo Bank, N.A. The Account holder(s) who opened the Account. EXHIBIT 1 https://luvrlw2001 wellsfargo.com:8443/disclose/DisclosureServlet 1/18/2019 We, Us, and Our Page 2 of 8 |You and Your | | (3) Contacting You. You agree that we have your consent to contact you at any phone number, email address, or maili ng address you provide for any Wells Fargo account or at any number that you call us from or at any num ber that we obtain by other means. Your consent allows us and any companies working on our behalf to service your account, to use any means to contact you includi ng: automated dialing devices, prerecorded/artificial voice mes sages, mail, e-mail, text messages, push notifications, and calls to your cell phone, or any other data or voice transmission technology. You are responsible for any ser vice provider charges you may incur as a result of us contacting you by any means, whether such ch arges are related to text, data, equipment or other plans. Y ou will promptly notify us if you change any contact information, including your name, mailing address, e-m ail addresses, or phone numbers. If you have a joint Account, a notice to one of you will serve as a notice to both of you. We may use voice recognition technology to verify your identity when you call. We may capture and store your voiceprint for this purpose. We may monitor and record any calls between you and us. Using Your Account (4) Using Your Account. You may use your consumer c redit card Account for Purchases, Balance Transfers, Cas h Advances and any other transactions we allow. You promise to use your Account only for lawful personal, family, or household purposes. We reserve the right to deny transactions or authorizations from merchants who may be engaging in the internet gambling business. We are not responsible for anyone who refuses to acc ept your Card or any other Credit Access Device. We may decline any transaction at any time. Your credit card may not be used to make a payment on any other Well s Fargo credit account. Cash Advances from ATMs. Cash Advances from AT Ms may be limited by amount or frequency. The ATM owner may have additional restrictions. If the ATM own er charges any fee, that fee will be included as part of t he total Cash Advance amount. Cash Advances for Overdraft Protection. You may elect to have an automatic Cash Advance from your Account to cover an overdraft on a linked Wells Farg o checking account. To cover an overdraft on a linked We lls Fargo checking account, we will advance the grea ter of + the amount of your overdraft; or * $25.00 Except if + the amount of available credit on your Card is less than the amount of the overdraft or less than $25.00, we will then advance the amount of available credit. The APR and fees that apply to overdraft protection advances are listed in the Important Terms of Your Credit Card Account. Overdraft protection advances, interest and fees may cause your Account balance to excee d your credit limit. If there is more than one person listed on the checking account (such as a joint chec king account) that you have linked for overdraft protection, then: + You will be responsible for all overdraft protection advances regardless of which person writes the che ck or engages in any other transaction (such as a debit card purchase) that causes the overdraft; and + You agree to allow us to disclose to any other per son on your checking account, that this Card is link ed to your checking account for overdraft protection . We reserve the right to cancel, suspend, or change your overdraft protection service at any time, for any reason. Credit Access Devices, SUPERCHECKS can be used to access your Account similar to writin g a check on a deposit account. SUPERCHECK S checks will post as a balance transfer only when they are included wit h a Balance Transfer offer. If a SUPERCHECKS check is not included with a Balance Transfer offer it will post as a Cash Advance. They will include transaction fe es and interest, Some restrictions apply to SUPERCHECKS: They may not be written as payment on any W ells Fargo account. They may be used only by the person whos e name is printed on the check. They must be written in U.S. dollars, They cannot be certified. You cannot file a claim against the bank when you have a dispute with a merchant about payment for property or services th at you paid for using a SUPERCHECKS check. We reserve the right to put conditions on the use of SUPERCHECKS checks and to reject, decline and return unpaid any SUPERCHEC KS check or advance at our discretion. o e e e e Third Party/Mobile Devices. You or an au thorized user may be permitted to load your credit card to an app ona smart phone, t ablet or other electronic device, such as, through a mobile wallet, which could be used for purchases or other transactio ns without presenting the card. Any such Transactions are covered by this Agreement. We have no control over the d evice and cannot guarantee the performan ce of the device. Additionally: + You should protect the security of the de vice the same as your credit card or other valuable information. + There may be third party fees related to t he transaction such as mobile carrier data o r messaging charges. + We may, at any time, partially or fully re strict your ability to make credit transactio ns through a third party/mobile device. Yo u agree to notify us promptly if you remove or want to remove your Account in formation from any third party/mobile device . (5) Authorized Users. If you wish to have an additional Card issued in another pe rson's name, please contact us and we w ill send you a Card with the name of the authorized person embossed on the front of the Card. You are responsible for payme nt of the entire amount owed to us, inclu ding any Purchases, balance transfers or Cash Advances (and all related interest a nd fees) made by the authorized person. Ending Authorized User Privileges. If y ou want to end an authorized user's priv ilege to use your Account, you must: + Recover and destroy that person's Card. If you do not, you will continue to be liab le for any charges made, even if you've advised us of your wish to cancel the privileges, unless you tell us to cancel a ll Cards and establish a new Account f or you. / / + You must notify us of your request by contacting us at the number on the back of your Card or by mail at Wells Fargo B ank, N.A., P.O. Box 10347, Des Moines, IA 50306. In general, an authorized person is not obligated on this Account and is not lia ble for any Outstanding Balance or any other charges made by you or by any other authorized person. In the event of the d eath of all fully liable cardholders, autho rized users' privilege ends automatically . After that, if any person uses the Car d, such EXHIBIT 1 https://luvrlw2001 wellsfargo.com:8443/disclose/DisclosureServlet 1/18/2019 Page 3 of 8 use indicates his or her agreement to pay us, and we may, at our discretion, pursue the person for payment of any Outstanding Balance or any other charges they authorize. You agree to notify each authorized person that they are subject to all applicable sections of this Agreement. Information about Authorized Users, You agree to give us certain personal in formation about each Authorized User. You must have permission from each Aut horized User allowing you to give us that personal information. This may include name, address, social security number, date of birth and citizenship. (6) Lost or Stolen Cards and Liability for Unauthorized Use. You must notify us immediately if your Card or account information is lost or stolen, or if you believe it's being used without your permission. You may contact us by phone at 80 0-642-4720, or in writing at Wells Fargo Card Services, PO Box 10347 , Des Moines, IA 50306. You agree to assist us in our investigation of the matter. If you do this and we find you not responsible, you will not be held liable for the un authorized use of your Account. (7) Promise to Pay. When you use your Account or let someone el se use it, you promise to pay the total amount of the Purchases, C ash Advances, and balance transfers, plus all interest, fees and other amounts that you may owe us. We may limit or close your Account, but the terms of this Agreement will appl y until you pay the Account in full. (8) Credit Limit. We may assign the following limits to your Accou nt: Cash Advance Limit. We may restrict the amount of your credit limit that can be used for Cash Advances, Your total credit limit will be provided with your Credit Card and shows on each of your billing statements. You promise to use y our Account only to the limits. If you exceed your total credit limit, we may allow the transaction without increasing your total credit limit or deny the transaction. If we al low the transaction, we may treat that over limit amount as due with the minimum payment on your next s tatement. If you exceed the limits, you will still remain liable for all credit you receive, We can adjust your credit limit at any time, including automatic credit line incr eases for those who qualify. (9) Authorizations. We don't guarantee approval of transaction s, We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction. If you engage in ab use, misuse or gaming in connection with earning or using points or attempt to do so, we may clos e or restrict your Wells Fargo credit card(s). Abuse, misuse or gaming includes, but is not limited to, making multiple purchases and multiple payments during a billing cycle whereby the dollar amount for each purchase in the aggrega te substantially exceeds your credit limit. We also may limit the number of authorizations we allow du ring a period of time. Transactions at some merchants (such as hotels, car rental c ompanies, restaurants, and gas stations) may result in tempor ary authorizations for amounts greater than the actual Purchase amount. This will make less credit availa ble on your Account for several days, usually until the date the actual Purchase amount is received from the merchant. If you give your credit card information to a merchant to bill y our account for recurring payments, or to keep it on file for f uture purchases or payments, and your card number, expiration date, or security code changes, you shoul d notify the merchant with your new card information. Some card networks provide update services and receive updated card information from Wells Fargo. Merchant s that participate in such services will receive updated card information from the network for credit cards that you have provided to the merchant for recurring or future purchases or payments. We cannot tell you which merchant will receive updated card information when your card information changes. You should always provide each merchant with your new card information because som e merchants do not subscribe to such network services. Back to top Changes To This Agreement (10) Change in Terms, We may change this Agreement at any time. These changes may apply to existing and future balances. We will give you advance written noti ce of the changes and a right to reject the changes if requir ed by law. We may require you to close your Account o r take other actions if you reject the changes. Back to top Fees And Interest (11) Fees. The following fees may apply to your accoun t. If they do apply, you will find the amount in the Imp ortant Terms of Your Credit Card Account. You agree to pay any fees that apply. Annual Fee. If your account has an annual fee it will be charged each year your account is open. The annual fe e will not be billed after your Account is closed. Balance Transfer Fee. This fee may be charged on a balance transfer transaction, Cash Advance Fee. This fee may be charged ona C ash Advance from your Account. Overdraft Protection Advance Fee. This fee may be c harged when an overdraft amount is advanced to the checking account linked to your Credit Card Account by you. Petal Currency Conversion Fee. If you make a tr ansaction in a foreign currency, Visa will convert it i nto a U.S. dollar amount. A foreign currency convers ion fee may be charged when this is done. Late Fee, This fee may be charged each time we do not receive the required Minimum Payment due by the Payment Due Date. Returned Check or Retumed Payment Fee. This fee may be charged when a payment is not processed the first time or is returned unpaid. Rush Plastic Fee. This fee may be charged if you r equested expedited delivery for your credit card. Additional fees may be charged if agreed between you and us. All fees will be added to the Purcha ses balance, except Cash Advance fees and Ove rdraft Protection fees which will be added to the Cash Advance balan ce on your Account. (12) Foreign Currency Transactions. If you make a transaction in a currency other than U.S. dollars using a Visa Card, then Visa Interna tional "Visa" will convert the charge into a U.S. d ollar amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is either (a) a rate se lected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (b) the government-mandated rate in effect for the app licable central processing date. The currency conversion rate for the processing date may d iffer from the rate in effect on the date of the transaction or the date the tran saction is posted to your Account. Point of Sale Conversion. Some merchants outside the United States offer cardholders th e option of having Card transactions convert ed to U.S. dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conve rsion rate is determined solely by the mercha nt involved in the transaction, and no foreign currency conversion fee is charg ed by the bank for the transaction. (13) Rates. The following sections describe h ow we calculate the interest you owe each Bi lling Period. The Important Terms of Your Cre dit Card Account list the APRs EXHIBIT 1 https://luvrlw2001 wellsfargo.com:8443/disclose/DisclosureServlet 1/18/2019 Page 4 of 8 that apply to different types of balances. Introductory Rates. Your account may be eli gible for introductory rates. This would be desc ribed in the Important Terms of Your Credit C ard Account. If you are offered a promotional rate after your account is opened, the terms will be provided at that time. After a ny introductory or promotional rates expire, the remaining balances will be subject to the applicable Standard or Standard Variable APR terms. How we Calculate your Standard Variable APRs. If your account has a variable rate the APR will vary based on the U.S. Prime Rat e plus the applicable "Margin". See the Important Terms of Your Credit Card Account for the "Margin" on Purchases, ba lance transfers, Cash Advances, and overdra ft protection advances, and daily periodic rates that apply to your Account. For each Billing Period, we use the U.S. P rime Rate or the average of the U.S. Prim e Rates (if there is more than one) published in the "Money Rates" column of T he Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is no longer published or is not available, we may select a similar Index. A change in the APR may increase or decrease the total amount of interest you pay and your Minimum Payment due. If the APR changes due to a change in the U.S. Prime Rate, the new APR will apply to both existing and future balances on the first day of your Billing Cycle. The APR will continue to vary even if your Account is closed. Standard APRs. If your Account is subject t o Standard APRs, the Standard APRs will n ot vary with the market based on the U. S. Prime Rate. However, we may change the Standard APRs from time to time in accordance with the Change In Terms information described in section 10. The rat es that apply to your account are listed in the Important Terms of Your Credit C ard Account. Daily Periodic Rates. The daily periodic r ates are calculated by dividing each applic able APR by 365. (14) Minimum Interest Charge. Your acco unt may have a Minimum Interest Charge. See The Important Terms of Your Credit Card Account for the applicable charge. (15) When we Charge Interest. For most transactions, interest will be charged begi nning on the date a transaction is made on your account. We charge interest on a fee beginning on the first day of the Billing Cycle following the Billing Cycle in which the fee posted to your Account. (16) Here's how and when specific T ransactions, fees and credits are app lied: + We add the amount of a Purchase or B alance Transfer to the Purchase balance as of the transaction date shown on yo ur statement. + We add Balance Transfer fees to the P urchase balance as of the transaction da te shown on your statement. + We add the amount of a Cash Advance to the Cash Advance balance as of the transaction date shown on your stateme nt. + We add Cash Advance Fees to the Ca sh Advance balance as of the transacti on date shown on your statement. + We add the amount of any Overdraft P rotection advance to the Cash Advance balance as of the transaction date shown on your statement. (17) How we Calculate Interest. We b egin by calculating the daily balance of each Transaction category. Next we c alculate the Average Daily Balance (AD B). Finally, we calculate the interest. See each sec tion below for details. A. Calculating the daily balance: the daily balance is calculated separat ely for each Transaction category. We start with the daily balance from the end of the previous day. We add in any new Tr ansactions and other charges, includi ng interest accrued on the previous day's balance. This means interest is compounded daily. We then subtract any payments or credits. Example for the Purchase Transactio n category: Daily balance for purchases from the previous day + New purchases + Fees and interest accrued on the pr evious day's Transaction category bal ance - Payments, credits and adjustments that posted that day = New daily balance for Purchases 2. Calculating the Average Da ily Balance (ADB): we add up all the daily balances for the Billing Cycl e starting with the beginning balanc e of the first day of the Billing Cycle. This beginning bal ance will include any unpaid fees fr om the previous Billing Cycle and a ny late fees incurred during the cur rent Billing Cycle. Any daily balance that is a cre dit balance is treated as zero. We di vide this amount by the number of d ays in the Billing Cycle. ADB = sum of daily balances + numbe r of days in the Billing Cycle 9; Interest Calculation: we ca lculate the interest charge for each type of balance by applying the dail y periodic rate to the ADB and mult iplying this by the number of days in the Billing Cycle. Interest Charge = daily periodic rate x ADB x number of days in Billing Cycle (18) Grace Period. To avoid paying interest on new Purchases you h ave to pay your entire New Balance by the Due Date on your stateme nt each Billing Period. You cannot avoid interest on Cash Advan ces or Balance Transfers. Your due date will be at least 25 days from the statement closing date and will be provided on your billing statement. Back to top Billing Statements And Payments (19) Billing Statements. If you ha ve a balance on your account yo u will receive a billing statement. Your billing statement will show y our Minimum Payment due and the Payment Due Date. (20) Payments. You may pay all or part of your Account balance at any time, but you must pay th e Minimum Payment, disclosed on your billing statement, by the Payment Due Date. Minimum Payment. Your Minimu m Payment Due includes any am ount past due plus the greater of : 1. The sum of late, returned chec k, returned payment, rush plasti c, and annual fees and interest billed during the Billing Cycle for which the Minimum Payment is calculated plus 1% of the New Ba lance shown on the billing state ment, or 2. $25.00 (or the entire balance on the Account if the New Balan ce is less than $25.00). We require you to pay any amoun t over the limit of your credit ca rd account. However, that amoun t is not included in your Minimu m Payment Due. EXHIBIT 1 https://luvrlw2001 wellsfargo.com: 8443/disclose/DisclosureServlet 1/18 /2019 Page 5 of 8 The Minimum Payment is rounded-up to the next highest whole dollar amount. Credits will not be used to meet the Minimum Payment. Payment Instructions. Follow these instructions when making a payment: 4. You must pay in U.S. dollars. 2, Payment must be made with a personal check, money order or cashier's check and must be issued by a bank in the United States. 3. Electronic payments are accepted. 4, Do not mail cash. If you mail your payment, please mail to the payment address pro vided on your billing statement using the envelope and payment coupon enclosed. Payments received by 5:00 p.m. at the location your payment is mailed to will be cr edited as of the date of receipt. If received after 5:00 p.m. they will be credited on the following day. Payments made through Wells Fargo Online Banking at wells fargo.com will be credited based on the cutoff time disclosed at the time of the transaction. If you do not follow these instructions your payment may not be credited for up to five days after we receive it. Checks or other paper documents may be converted to an electronic transaction through procedures established by the National Automated Clearing House Association. In this case, the original check or other document that you send to us will not be retained, but a copy would be av ailable if requested. Some of your available line of credit may be held, at our di scretion, until your payment is honored. You cannot pay this account using another Wells Fargo Ba nk, N.A. credit or loan account or any Wells Fargo affiliat ed company credit or loan account. You cannot use any SUPERCHECKS checks to make any payment on th is Account. Generally, we will apply your Minimum Payment first to lower APR balances (such as Purchases) before balances with higher APRs (such as Cash Advances). Payments made in excess of the Minimum Payment will be applied to balances with higher APRs first before bala nces with lower ones. We post payments to the Billing Cycle within which they are received. Any payment in excess of the Minimum Payment due is applied based on the balances reflecte d on your last billing statement. Irregular Payments. If you intend to pay your Account in full with an amount less than the Outstanding Bal ance, payments must be sent to: Wells Fargo, P.O. B ox 40311, Des Moines, IA 50306-0311. Please note that if we accept such payments we have every right to pur sue full payment. Back to top Other Important Information (21) Default / Immediate Repayment of Balance in Full. Your Account will be in default, and we may req uire immediate payment of your total Account if: + You fail to pay a Minimum Payment by the Pa yment Due Date; + Any payment is returned; + You don't honor the terms of this Agreement, + You made an untrue statement on your applica tion; OR + You file for bankruptcy. If this is a joint Account, a default by one of you will b e a default by all of you. We may prevent further transactions and we may clo se your Account and other Wells Fargo Accounts, If your account is in default you agree to pay our collec tion costs, attorney's fees, and court costs incurred in enforci ng our rights under this agreement. (22) Re-Verification of Credit Information. We c an review any information you provided on your cr edit application at any time. This may include: + Requesting credit bureau reports; + Verifying your current credit standing; + Verifying your employment, assets and incom e records. (23) California Residents. We may also obtain information at any time from the California Depar tment of Motor Vehicles. You agree to waive th e address confidentiality requirements section of the California Vehicle Code (Section 1808.21). This waiver may not apply to you if you are on a ctive duty military service (including active guard or reserve service) or you are a spouse or dep endent of a person who is on such active duty military service. Please s ee the Important Statement Concerning Active Duty Military Service section in the Agreement for more information. (24) Cancellation. We may close your Accou nt at any time and for any reason, You may also close the Account at any time. If that hap pens, you must still repay the balance owed according to the terms of this A greement. Joint Accounts may be canceled b y either Account Holder. If we close the accou nt, notice may be provided to only one Account Holder. (25) Separation of Unlawful Provisions. If any provision of this Agreement is found to be unenforceable, all other provisions of the Agreement will remain in effect. (26) Enforcement Rights. We may waive or delay enforcing any of our rights without losing them. A court decree for divorce or separation or an out-of-court mutual agreement does not affect any of our rights to enforce this Agreement. (27) Phone Monitoring. We may monitor a nd record any of your phone calls with us. (28) Information Reporting. We may re port information about you to consumer reporting agencies. The information that we report to consumer reporting agencies may include: + Account history; + Account performance; + Account status; + Any violations of your account; and + Any violations of the terms of this Agreement. EXHIBIT 1 https://luvrlw2001.wellsfargo.com :8443/disclose/DisclosureServlet 1/18/2019 Page 6 of 8 The same information may be reported to the consumer reporting agencies fo r any additional card holders. You may dispute the accuracy of the informatio n that we report to consumer reporting agencies by writing to us at Wells Fargo Credit Bureau Dispute Resolution, P.O. Box 14517, Des Moines, 1A 50306-3517. P lease describe the information in detail that you believe is inaccurate and provide any suppo rting documents with your dispute. If your dispute relates to identity theft, you will need to provide us with an identity theft report. (29) Assignment. We may assign your Account and any or all rights and obligations under the Agreement to a third party. You may not assign your Account or any of your obligations under the Agreement. (30) Governing Law. Federal law and the laws of South Dakota govern this Agreement and your account. Back to top Arbitration (31) Dispute Resolution Program: Arbitration Agreement. 1. Binding Arbitration. You and Wells Fargo Bank, N.A. (the " Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not i nitiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other d isputes with its consumer customers. A “Dispute” is any unr esolved disagreement between you and the Bank. It includes any disagreement relating in any way to the Card or related services, Accounts, or matters; to your use of any of the Bank's banking locations or facilities; or to any means you may use to acces s the Bank, It includes claims based on broken promises or contracts, torts, or other wrongful actions. It also includes statutory, common law, and equitabl e claims. A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This Arbitration Agreement shall surviv e the payment or closure of your Account. YOU UNDERSTAN D AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in s mall claims court any Dispute that is within that court's jurisd iction. If either you or the Bank fails to submit to binding arbitration following lawful demand, the pa rty so failing bears all costs and expenses incurred by the o ther in compelling arbitration. 2. Arbitration Procedure; Severability. Either you or th e Bank may submit a Dispute to binding arbitration at an y time notwithstanding that a lawsuit or other proceeding has been previously commenced, NEITHER Y OU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDAT! E DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMB ER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GE NERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPAC ITY. Each arbitration, including the selection of the arbitrator(s), shall be administ ered by the American Arbitration Association (AAA), or suc h other administrator as you and the Bank may mutually agree to (the AAA or such other mutually ag reeable administrator to be referred to hereinafter as the " Arbitration Administrator’), according to the Commercial Arbitration Rules and the Supplemental Proced ures for Consumer Related Disputes ("AAA Rules"). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitrat ion Agreement shall control. Arbitrator(s) must be member s of the state bar where the arbitration is held, with expertise in the substantive laws applicable to th e subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results thereof, except for discl osures of information by a party required in the ordinary course of its business or by applicable law or regulation. You and the Bank (the "Parties") agree that in this relationship: (1) The Parties are participating in transa ctions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration a re governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, une nforceable or invalid, the laws of the state of South D akota. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, pri vate attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severa ble and this entire Arbitration Agreement shall be unen forceable, 3. Rights Preserved. This Arbitration Agreement do es not prohibit the Parties from exercising any lawful rights or using other available remedies to preserve , foreclose, or obtain possession of real or personal property, exercise self-help remedies, including setof f and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachmen t, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of thi s Arbitration Agreement shall survive termination, amendment, or expiration of the Card or any other r elationship between you and the Bank. 4. Fees and Expenses of Arbitration. Arbitration fee s shall be determined by the rules or procedures of th e Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. If the applicable law of the state in which you opened your Account limits the amount of fees and expenses to be paid by you, then no allocation o f fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shal l bear the expense of our own attorney, expert and wi tness fees, regardless of which of us prevails in the arbitration. 5. Active Duty Military Service. If you are on activ e duty military service (including active guard or res erve service) or you are a spouse or dependent of a person who is on such active duty military service, then the above Arbitration Agreement may not apply to you . Please see Important Statement Concerning Act ive Duty Military Service in this Agreement for more informa tion. Back to top Your Billing Rights Keep This Notice For Future Use. This notice tells you about your rights and our responsibiliti es under the Fair Credit Billing Act. (32) What To Do If You Find a Mistake on You r Statement. If you think there is an error on y our statement, write to us at: Wells Fargo Card Services P.O, Box 522 Des Moines, IA 50306-0522 In your letter, give us the following information: + Your name and Account number; + The date and dollar amount of the suspected error. o e + If you think there is an error on your bill, d escribe 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. - + Atleast 3 business days before an autom ated payment is scheduled, if you want to stop payment on the amount you think is w rong. You must notify us of any potential errors in writing at the address above, You may notify using other ways (including telephone), but if you do investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Let ter. EXHIBIT 1 https://luvrlw2001 wellsfargo.com:8443/disclose /DisclosureServlet we are not required to 1/18/2019 Page 7 of 8 When we receive your letter, we must do two things: Te Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the err or or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error. + We cannot try to collect the amount in question, or report you as de linquent on that amount. * The charge in question may remain on your statement, and we m ay continue to charge you interest on 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. After we finish our investigation, one of two things will happen: + Ifwe made a mistake: You will not have to pay the amount in q uestion or any interest or other fees related to that amount. + If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees . We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wron g, you must write to us within 10 days telling us that you stil l refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questi oning your bill. We must tell you the name of anyone to wh om we reported you as delinquent, and we must let those organizations know when the matter has been settl ed between us. If we do not follow all of the rules above, you do not have to pay the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the proble m with the merchant, you may have the right not to pay t he remaining amount due on the Purchase. To use this right, all of the following must be true: 4. The Purchase must have been made in your home state or within 100 miles of your current mailing address , and the Purchase price must have been more than $50. (Note: Neither of these are necessary if your Purc hase 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 Purc hase. 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 dissat isfied with the Purchase, contact us in writing at: Wells Fargo Card Services PO Box 522 Des Moines, IA 50306-0522 While we investigate, the same rules apply to the di sputed amount as discussed above. After we finish our investigation, we will tell you our decision. At tha t point, if we think you owe an amount and you do not pay, we ma y report you as delinquent. Back to ton Active Duty Military Service (33) IMPORTANT STATEMENT CONCERNING ACTIVE DUTY MILITARY SERVICE: If you are on active duty military service when you apply f or or establish this account (including active guard or reserve service) or you are a spouse or dependent of a person wh o is on such active duty military service at that ti me, then so long as such active duty military service continues, the Ar bitration Agreement contained in the Credit Card Agreement does not apply to you, nor do any pr ovisions that waive any right to legal recourse under any state or federal law. MILITARY ANNUAL PERCENTAGE RATE: Fede ral Law provides important protections to member s of the Armed Forces and their dependents rel ating to extensions of consumer credit. In general, the costs of cons umer credit to a member of the Armed Forces a nd his or her dependent may not exceed an ann ual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the cost a ssociated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction, any application fee charged (other than certain app lication fees for specified credit transactions or accounts), and any participation fee charged (other than certain pa rticipation fees for a credit card account). You may contact us at 1-844-309-0044, for information about the Military Annual Percenta ge Rate and a description of your account op ening disclosures. Back to top Interpreter Certification (34) Interpreter Certification. If you choos e to discuss your credit card account with us in Spanish, Chinese, Korean, Vietnamese, or Tagalog, please read the following. By signing, using or activating the credit card issued to you, you certify to us that: You have discussed the Customer Agreeme nt and Disclosure Statement with your int erpreter and have been given the opportunit y to discuss and negotiate with us the terms and conditions contained in these documents. ; / . Your interpreter is at least 18 years old an d is fluent in both English and in the lang uage in which you chose to discuss with us the terms and conditions of your credit card Account. You understand and agree to the terms and conditions contained in these enclosed documents. Certificacion de Intérprete (34) Certificacion de Intérprete. Si usted opta por conversar sobre su cuenta de tarjeta de crédito con nosotros en espaf iol, chino, coreano, vietnamita o tagalo, lea lo siguiente. EXHIBIT 1 https://luvrlw2001 wellsfargo.com:8443/disclose/DisclosureServlet 1/18/2019 Page 8 of 8 Al firmar, utilizar o activar la tarjeta de crédito emitida a su nombre, usted certifica ante nosotros que: + Usted ha analizado el Contrato del Cliente y Declaracién de Divulgacién con su intérprete, y que usted y su intérprete han tenido la oportun idad de analizar y negociar con nosotros los términos y condiciones contenidos en estos documentos. + Su intérprete tiene por lo menos 18 afios de edad y habla con fluidez tanto en inglés como en el idioma que usted haya elegido para conversar con n osotros sobre los términos y condiciones de su Cuenta de tarjeta de crédito. + Usted entiende y esta de acuerdo con los términos y condiciones contenidos en estos documentos adjuntos. eg (34) SOAR APSA. WRI DERE AR. PO. MR, PEAK ARMA RRAM, RMU TAS. ACRE. CARA RRIF, DNR AE RU + IA ORR RT RASA CRD DR CARREY), MO ELA BB A BUR A a iE «(REAR ARRSE BR ZS A SER 18 aR, MEAL AT RLU KY SPE AE 7 EL As ADR TRAD aA 04 A FR aK A BP + $5358 PF UE FF SRL IT ELS I A BRE SAN US (34) SHA CIS. SAA SB. ASS] ASIAS AAO Bet ABS AHO, SRO, BO, SO, HEH SE GALSIAAS MSS SMSIS sd 3,4 BABS AHA SUAS Stoll PSS SCBA SSIAU SASHOSM, ASE MSA CS ABS SAS SUC + HSE ASO] SSA AM DA SAA BW BH ASAMOM So SASHA Olas SAO BRS SAS HS SMUD Ss 188 WASUG + FSO} SAAS 418A) OLAFOG] SOM OLI*St AStI+ AIBIS Hl St SO AH ASS Es Oi ASSAF AHS OHO SS SSeuc + ASHE AHS Ost SAM PHS FHS OHSARLH 0/0 SISUC Xac Nhan Vé Ngwoi Théng Dich (34) Xac Nhan Vé Nguoi Thong Dich Néu quy vi chon thao luan trwong myc thé tin dung ctia minh véi chting tdi ban g tiéng Tay Ban Nha, tiéng Trung, tiéng Han, tiéng Viét hodc Tagalog, vui long doc phan sau day. Bang viée ky, str dyng hoac kich hoat thé tin dung da cap cho quy vi, quy vi chung nhan vei ching tdi rang: * Quy vi da thao ludn véi théng dich vién cla minh vé Théa Thuan Khach Hang va Tuyén Bé Tiét L6 Théng Tin va da cé co hdi trao déi va thuong luong voi ching ti vé cac diéu khoan va diéu kién néu trong nhing tai ligu nay. + Théng dich vién cia quy vi tdi thiéu 18 tudi va théng thao ca tiéng Anh ln ngén ngiv ma quy vi da chon sv d ung dé thao luan véi chting tdi vé cac diéu khoan va diéu kién lign quan dén trvong myc thé tin dung cla quy vi. + Quy vi hidu va déng y voi cac diéu khoan va diéu kién dugc néu trong nhing tai ligu dinh kem nay. Sertipikasyon ng Tagapagsaling-wika (34) Sertipikasyon ng Tagapagsaling-wika, Kung pipiliin mong talakayin ang i yong credit card account sa amin sa wikang Spanish, Chinese, Korean, Vietnamese, o Tagalog, pakibasa ang sumusunod. Sa pamamagitan ng paglagda, paggamit o pag-activate ng credit card na ibinigay sa iyo , pinatototohanan mo sa amin na: + Tinalakay mo ang Kasunduan ng Kostumer at ang Pahayag ng Pagsisiwalat’sa iyong tagapagsaling-wika at nabigyan ka ng pagkakataong talakayin’ at makipagkasundo sa amin sa mga tuntunin at kundisyong nilalaman ng mga dokumento ng ito. + Ang iyong tagasaling-wika ay wala pang 18 taong gulang at lubos na marunong sa Ingles at sa wika na napili mo para talakayin sa amin ng mga tuntunin at kundisyon ng iyong credit card Account. + Nauunawaan at sinasang-ayunan mo ang mga tuntunin at kundisyong nakasaad sa mga nakalakip na dokumentong ito, Wells Fargo Card Services PO Box 10347, Des Moines, IA 50306 1-800-642-4720, Hearing and Speech Impaired Customers, call the TTY number 1-800-4 19-22654'%. Back to top Core 01/19 M-4 21138 LS 9216 EXHIBIT 1 https://luvriw2001 wellsfargo.com:8443/disclose/DisclosureServlet 1/18/2019
