Filing # 163336267 E-Filed 12/19/2022 05:07:35 PM
`
`16-2022-SC-027126-XXXX-MA Div: CC-L
`
`IN THE COUNTY COURT
`IN AND FOR DUVAL
`COUNTY, FLORIDA
`CASE NO.
`
`DIVISION:
`
`FIFTH THIRD BANK, N.A.,
`Plaintiff,
`
`Vs.
`
`NAJJA DENNISON AKA NAJJA K DENNISON
`Defendant(s)
`
`
`STATEMENT OF CLAIM
`
`the
`sues
`(hereinafter “Plaintiff’)
`The Plaintiff, FIFTH THIRD BANK, N.A.,
`Defendant(s), NAJJA DENNISON AKA NAJJA K DENNISON (hereinafter “Defendant(s)”)
`and says:
`
`1. Fifth Third Bank, N.A. is a national banking association with its principal place of
`business in Cincinnati, OH.
`
`2. That this is an action for damages that does not exceed $8,000.00, exclusive of interest
`and court costs.
`
`BREACH OF CONTRACT
`
`This action is based upon a Credit Account Agreement entered into by the
`3.
`Defendant(s) with the Plaintiff.
`
`4. The Defendant(s) used or authorized the use of the Account to incur charges, or
`receive cash advances, or kept the Account open for future use, and by such action assumed the
`obligations of the terms and conditions of the Account. (A record of the governing terms and
`conditions of the Credit Account Agreementare attached and incorporated as Exhibit A).
`
`5. Plaintiff relies upon the choice of law provision contained in the subject agreement
`attached hereto as the substantive governing law.
`
`6. A record of the account statement is attached. See Exhibit B.
`
`7. The Defendant(s) subsequently defaulted on the terms and conditions of the Account
`and the Plaintiff accelerated the full balance due and owing on the Account.
`
`267885030608
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/19/2022 09:19:50 PM
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`

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`8. The Defendant(s) owesthe Plaintiff $3,347.58.
`
`9. Plaintiff has performed all conditions precedent to bringing this action, or the same
`have been waivedby the Defendant(s).
`
`Wherefore, Plaintiff demands judgment in the amount of $3,347.58 against Defendant(s),
`plus post-judgmentinterest, and court costs to the extent permitted by applicable law.
`
`ZWICKER & ASSOCIATES,P.C.
`
`foie
`
`By Adee
`
`4
`
`C1BRETT BURKETT,ESQ. FLORIDA BAR#98895
`Sonn B. COOLEY, ESQ. FLORIDA BAR #111433
`
`v7 JONATHAN TEKELL, ESQ. FLORIDA BAR #1018225
`O KRISTINA LUNSFORD, ESQ. FLORIDA BAR #975680
`O LARRY B. ROBINSON, ESQ. FLORIDA BAR #124488
`0 JAHLYSA JENKINS, ESQ. FLORIDA BAR #119406
`ZWICKER & ASSOCIATES, P.C.
`A Law Firm Engagedin Debt Collection
`ATTORNEYFOR PLAINTIFF
`10751 DEERWOOD PARK BLVD
`SUITE 100
`JACKSONVILLE, FL 32256
`Phone: (904)997-2140
`Fax:
`(904)997-2151
`Email: FLORIDALITIGATION@ZWICKERPC.COM
`
`267885030608
`
`

`

`EXHIBIT A
`
`BIR
`
`

`

`FIFTH THIRD BANK CARD AGREEMENT
`
`F03-W294-8-1120
`
`This Fifth Third Bank Credit Card Agreement(“Agreement”), which includes your Rate and Fee Summary,is your
`contract with us. Please read it carefully and retain it for your records.
`
`Acceptance of Agreement. You accept this Agreementif you do not cancel your Account within 30 days after receiving a Card
`or if you use, or authorize another to use, the Account.
`Changesto the Agreement. The rates, fees and terms of this Agreement may change and we may addordelete any term to
`this Agreement. We will give you advancewritten notice of these changes andarightto reject the change, if required by law.
`
`DEFINITIONS
`Account: the credit card account with us established by this Agreement.
`APR: annual percentage rate.
`Authorized User: any person you allow to use your Account.
`Business Day: Mondaythrough Friday, excluding Federal Reserve Bank holidays.
`Card: one or more cards or other access devices, including your account number orvirtual card, that we issue to you, or
`someone you authorize, to receive credit under this Agreement.
`Covered Barrower: A consumer who is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members
`and Dependents under 32 C.F.R. § 232 (the Military Lending Act Regulations).
`Prime Rate: the United States Prime Rate published in the “Money Rates” table of The Wall Street Journal (WSJ) two business
`days prior to the end of your billing cycle.
`we, us orour:Fifth Third Bank, National Association the issuer of your Card.
`you, your or yours: the person who applied for the account and any other person who is responsible for complying with this
`Agreement.
`
`USING YOUR ACCOUNT
`You agree to use your Accountin accordancewith this Agreement. You agree to pay us for all amounts due on your Account.
`This includes charges made by Authorized Users. You agree to not use your Accountforillegal transactions.
`Authorized Users. You may request Cards for Authorized Users. You must notify us if you wish to cancel the authority of an
`Authorized User to use your Account.
`Joint Accounts. If this is a joint Account, each of you agrees to beindividually and jointly liable for the entire amount owed on
`the Account, even if only one of you uses the Account. Each of you also agrees that any notice we send to either of you will
`serve as notice to both of you.
`Credit Limit. We will inform you of your credit limit from time to time. You must keep your Account balanceat or below your
`credit limit.
`If you do not, you muststill pay us. We may designate part of your credit limit as a cash advancelimit. We may
`increase or decrease your credit limit or your cash advancelimit at any time, without notice. Your available credit may not be
`restored for up to 7 days after we receive your payment.
`Balance Transfers. You may use your Card to transfer balances from other creditors or to make other transactions by means of
`balance transfer coupons or checks.
`Cash Advances. You have obtained a cash advanceif you use your Accountto:
`*obtain cash from an ATM, financial institution, or other location;
`* use a convenience check;
`* access Ready Reserve Overdraft Protection;
`* purchaseitems that are convertible to cash, such aslottery tickets, money orders, casino chips, foreign currency,
`or similar items; or
`* make a person-to-person transfer conducted through the Internet or otherwise.
`Convenience Checks. We may send you convenience checks to access your Account. These checks are treated as
`cash advances, unless wetell you otherwise. All convenience checks mustbewritten in U.S. dollars. You may not use a
`convenience check to pay any amount you oweus or our affiliate.
`Ready Reserve Overdraft Protection. You may set up this Account with Ready Reserve Overdraft Protection to cover overdrafts
`on your checking account. Ready Reserve Overdraft Protection transactions are cash advances, subject to the cash advance
`APR, but not the cash advance fee. Ready Reserve Overdraft Protection transactions do not receive a Grace Period before
`interest charges begin. If you enroll in Ready Reserve Overdraft Protection, you may also use your Card to withdraw available
`funds from your checking account at an ATM by entering your Personal Identification Number (PIN) and selecting withdraw
`from checking when prompted. The terms of this Agreement and the Deposit Account Rules & Regulations apply to any Ready
`Reserve Overdraft Protection transaction as well as any withdrawal from your checking account using your Card at an ATM.
`Standard ATM fees apply.
`Use of Card for Electronic Fund Transfer (EFT) and Electronic Banking Services. If you use your Card as an ATM card, the
`terms of this Agreement and the Rules and Regulations Applicable to All Fifth Third Bank Consumer and Business Banking
`Accounts and Cardswill apply.
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`

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`Electronic Access. Smart phones, tablets, and other electronic devices can store your Card (such as through a mobile wallet).
`This means they can be used to get credit under this Agreement. Any such transaction is covered by this Agreement. Secure
`your mobile device against unauthorized access. Anyone who can access your Card using your device can make charges
`to your Account. Apps that use your Card to get credit may have separate terms of use. We are not responsible if you violate
`those terms or for any consequencesfrom violating those terms.
`Credit Authorizations. We do not guarantee your Card will be accepted by any merchant. We can reject or refuse to approve
`any transactions, including any convenience check or Ready Reserve Overdraft Protection transaction. If your Card is refused
`by a merchant or a transaction is denied by us, we are notliable to you.
`Secured Account.If this is a Secured Account, you have granted us a security interest in the funds in your personal Fifth Third
`Savings Account (Secured Bank Account), including any funds deposited following the effective date of this Agreement. This
`security interest is an express condition for your Account. Funds equalto at least 100% of your credit limit must remain on
`deposit during the term of this Agreement in accordancewith the Savings Account Assignmentyou signed at application.
`
`
`FEES
`AnnualFee. If an annual fee applies, the Rate and Fee Summaryshowsit. The fee is charged the day we open your Account,
`and each year thereafter on the anniversary date. We will refund this fee if you tell us to close your Accountwithin 30 days after
`we issue the Card and you have not used or authorized use of the Card. We will refund this fee upon renewalif you tell us to
`close your Accountwithin 30 days after we mail or deliver the statement showing the fee. The fee is otherwise non-refundable.
`Balance Transfer Fee. We charge a fee for each balancetransfer. The fee is 4% of the amount of each transfer, but not less
`than $5.
`Cash AdvanceFee. Wecharge a fee for each cash advance. The fee is 5% of the amount of each advance, but not less than
`$10. This fee is in addition to any other transaction fee you may be charged. We do not impose a cash advancefee ona
`Ready Reserve Overdraft Protection transaction.
`Convenience CheckFee. We charge a fee for each convenience check. The fee is 4% of the amount of each check, but not
`less than $5. We do not also impose a cash advancefee on a convenience check.
`Expedited Card Delivery Fee. We charge a fee of $30 for expedited delivery of your Card. If your Card is a Fifth Third Preferred
`Cash/Back Card, then wewill waive this fee.
`International Transaction Fee. Unless the Rate and Fee Summary accompanying your Card indicates otherwise, for any
`transaction outside the United States, processed outside the United States, or in a foreign currency, we chargea fee equal to
`3% of the U.S. dollar amount of each transaction. This fee is in addition to any other transaction fee you may be charged.
`Late Fee. If you do not pay the Minimum Payment Due by the Payment Due Date, we will charge you a late fee. The fee is $29,
`unless you incurred a late fee during any of the prior six billing cycles. If you did, the fee is $40. This fee will not exceed the
`amount permitted by law.
`
`APRs AND INTEREST CHARGES BASED ON APRs
`Account APRs. For the APRs on your account, see the Rate and Fee Summary.
`Variable APRs. If an APRis variable, it is determined by adding a number of percentage points to the Prime Rate. The
`Additional Rate Information table in the Rate and Fee Summary specifies the number of percentage points we add. Variable
`APRs increase or decrease when the Prime Rate changes butwill not exceed 29.99% (corresponding Daily Periodic Rate of
`0.08216%). An APR change will take effect on the first day of the billing cycle in which we determine the interest rate based on
`the changed Prime Rate. An increase in an APR will increase your interest charges and may increase your Minimum Payment
`Due. If The Wall Street Journal (WSJ) does not publish the Prime Rate, we will use a similar published rate.
`Interest Charge Calculation. We imposeinterest on your Account using the average daily balance method(including new
`transactions). To calculate interest wefirst calculate a separate daily balance for each balance on your Account. (For example
`current purchases, balancetransfers, cash advances, and different promotional balances. Your balances are shown on your
`statement.) To calculate the daily balance, we start with the balance at the end of the previous day, which includes any unpaid
`interest charges on that balance. (This results in compounding of interest.) We add any new transactions, interest, or fees and
`subtract any new credits or payments allocated to that balance, and make other adjustments.
`Wetreat a daily balanceless than zero as a balanceof zero. We add a transaction to the daily balanceas of the transaction
`date. We add a transaction fee to the same balance as the transaction. We generally add other fees to the current purchase
`balance.
`For each balance, we add up all the daily balances and divide by the number of daysin the billing cycle. This gives us the
`Average Daily Balancefor that balance. To calculate the total interest for each balance, we then multiply the average daily
`balance byits daily periodic rate and the number of daysin the billing cycle. The daily periodic rate equals the APR divided by
`365 (366 if a leap year). You authorize us to round interest charges to the nearest cent.
`We may use mathematical formulas that produce equivalent results to calculate the Balance Subject to Interest Rate, interest
`charges and related amounts.
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`AVOIDING INTEREST
`When Interest Charges Begin. Interest charges begin on a transaction, fee or interest charge from the day we addit to the
`daily balance. We continue to imposeinterest charges until you pay the total amount you owe us. You can avoid interest on
`purchases(i.e. a “Grace Period”), but not on balancetransfers or cash advances.
`Grace Period. If you did not have a Previous Balance, or if you paid the Previous Balance by the Payment Due Date, wewill not
`imposeinterest charges on purchases on your current statement.
`How WeApply Payments May Impact Your Grace Period. If you do not pay your New Balancein full each month by your
`payment due date, depending on the balanceto which we apply your payment, you may not receive a Grace Period on new
`purchases.
`Minimum Interest Charge.If we charge interest, the minimum interest charge will be $1.50.
`
`PAYMENTS
`PaymentInstructions. We credit your payments in accordance with the terms on your statement. If you mail your payment to
`an address other than the payment address shown on your statement, there may be a delay in crediting the payment to your
`Account. We can accept late payments, partial payments or payments marked “paymentin full,” or with any other restrictive
`endorsement, without losing any of our rights under this Agreement. You must pay us in U.S. dollars in funds on deposit in the
`U.S. If you do not, we mayrefuse to accept your payment. We may also charge you the costs we incurred to collect the funds
`and we mayselect the currency conversion rate.
`Minimum PaymentDue. You maypayall or any part of your balance at any time. You must pay at least the Minimum Payment
`Due by the Payment Due Date on your statement each month. Your Minimum Payment Due includes any amount past due, any
`amount by which your Account exceedsits credit limit, and the greater of:
`© $35.00; or
`© 1.0% of the New Balance plus fees (excluding Balance Transfer, Convenience Check and Cash Advancefees)plus interest
`charges.
`How We Apply Payments. We apply payments up to the Minimum Payment Due at our discretion. This may result in balances
`at lower APRs being paid before other balances. This may also result in higher interest charges. Payments in excessof the
`Minimum Payment Due will be applied consistent with law.
`Automatic Billing. You may set up automatic billing with a merchant. If your Account Number or expiration date changes, you
`authorize us to provide the merchantwith this information at our discretion. To stop automatic billing, you must contact the
`merchant directly.
`
`OTHER INFORMATION
`Default. You are in default if:
`© You do not comply with the terms of this Agreement or any agreement with us or an affiliate, including failing to make a
`required payment when due, exceeding your credit limit, or using your Card or Accountfor anillegal transaction;
`¢ A bankruptcy or other insolvency proceeding is filed by or against you;
`¢ We have a reasonable belief that you are unable or unwilling to repay your obligations to us; or
`e You die or are legally declared incompetent or incapacitated.
`If you are in default, we reserve the right to declare the entire Account balance immediately due and payable without notice. If
`this is a Secured Account, you authorize us to apply all of the funds in the Secured Bank Account to your outstanding Account
`balance.
`Collection Costs. If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These
`include reasonable attorneys’ fees, court or other collection costs, and the fees and costs of any appeal.
`Privacy Policy. You authorize us to share information about you and your Account as permitted by law. See our Privacy Policy
`for details about our information sharing practices.
`Credit Reporting. We may from time to time review your credit, employment, and income records. On request, we will give you
`the name and address of any consumer reporting agency that furnished a report on you. We may report information about the
`status and payment of your Account to credit bureaus and other creditors. We may report this information in your name and
`the namesof authorized users. If you think we reported incorrect information, please write to us at Fifth Third Bank, Attn: Credit
`Bureau Dispute, 5050 Kingsley Drive, MD: 1MOCOP, Cincinnati, OH 45227.
`Military Lending Act Protections. Federal law provides important protections to members of the Armed Forces and their
`dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed
`Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as
`applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary
`products sold in connection with the credit transaction; any application fee charged (other than certain application fees for
`specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit
`card account). To receive this disclosure by phone, please call 877-899-0815, option 4.
`Unauthorized Use. You must notify us immediately and assist us in our investigation if your Card is lost or stolen or you believe
`someone is using your Account or a Card without your permission.
`Closing Your Account. You may cancel your Account at any time. You will remain responsible for any amount you owe us under
`this Agreement. We may cancel, suspend or not renew your Account at any time, for any reason, without notice.
`Closing Secured Accounts. If you or we close your Accountfor any reason, you authorize us to apply the fundsin the Secured
`Bank Account to your Account balance. If the Account balance exceeds the amountof funds in your Secured Bank Account,
`you will remain liable for any outstanding Account balances, including fees or charges that may subsequently be charged to
`
`3
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`the Account, until the Account balanceis paid in full. We will release our security interest in the Secured Bank Account and
`our hold on the funds in the Secured Bank Account within 90 days after this credit card Account is closed and the Account
`balanceis paid in full.
`Foreign Transactions. Transactions in a foreign currency are converted to U.S. dollars by our network providers (Visa and
`Mastercard) using their proceduresin effect at the time the transaction is processed. Currently, they use a government-
`mandated or wholesale rate. These procedures may change without notice. The conversion rate you get maydiffer from the
`rate on the transaction or post date, and from the rate our network provider gets. A merchantor other third party may convert a
`transaction into U.S. dollars or another currency, using a rate they select, before sending it to our network provider.
`Governing Law. This Agreement is governed by applicable federal law and by Ohio law, without regard to Chio’s conflict of laws
`principles. However, in the event you default and wefile a lawsuit to recover funds loaned to you, the statute oflimitations of
`the state where the lawsuit is filed will apply, without regard to that state’s conflicts of laws principles or its “borrowing statute.”
`Severability. If any part of this Agreementis found to be invalid, the rest shall remain in effect.
`No Waiver. We will not lose our rights under this Agreement because wedelay or do not enforce them.
`Assignment. We mayassign any orall of our rights and obligations under this Agreement, without notice to you. You may not
`assign any of your rights or obligations under this Agreement.
`
`COMMUNICATIONS WITH US
`Contact Us. Unless wetell you otherwise, you can notify us at Fifth Third Bank, Customer Service, MD: 1MOC2G, 5050 Kingsley
`Drive, Cincinnati, OH 45227, or call us at 800-972-3030. When writing, please include your name, address, home telephone
`number and Account number.
`Contact with You. To the extent permitted by applicable law, you authorize us and our affiliates, agents, and contractors, and
`anyone to whom we maysell your Account, to contact you to service your accountorfor collection purposes.
`¢ You agree that these contacts are not unsolicited for purposes of any state or federal law;
`© To contact you in any way, including mail, email, calls, and texts, including on a mobile, wireless, or similar device, even if
`you are charged by your provider, and using automated telephone equipment or prerecorded messages;
`© To contact you at any number that you have given us or any number wehavefor you in our records, including your cellular or
`other wireless device, even if that number is a wireless, cellular or mobile number; is converted to a mobile/wireless number;
`or connects to any type of mobile/wireless device; and even if such telephone number is currently listed on a Do Not Call
`Registry. You understand that communications may result in additional mobile, text message, data charges or other charges.
`¢ To contact you at any email address you provideto us or any other person or companythat provides any services in
`connection with this Agreement.
`Monitoring and Recording. You authorize us to monitor and/or record your calls with us.
`Updated Contact Information. You agree to notify us within 15 days after changing your e-mail address, mailing address, or
`phone number.
`
`ARBITRATION AND JURY TRIAL WAIVER
`NOTE:If you are a Covered Borrower underthe Military Lending Act Regulations, you are not required to submit to
`arbitration in the case of a dispute. If you were a Covered Borrower underthe Military Lending Act Regulations with
`regard to any prior agreement, this arbitration clause does not cover any claims related to that prior agreement.
`Claim. Any claim, dispute or controversy between you and us arising from or relating to this Agreement, any prior agreement
`that you may have had with us or the relationships resulting from the Agreementor any prior agreement, including the validity,
`enforceability or scope of this provision, the Agreementor any prior agreement. Claim includes claims of every kind and
`nature, including but notlimited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon
`contract, tort, fraud and other intentional torts, statute, common law and equity. The term Claim is to be given the broadest
`possible meaning and includes, by way of example and withoutlimitation, any claim, dispute or controversy that arises from or
`relates to (a) the Account created by the Agreement or any prior agreement or any balances on the Account, (b) the Card, (c)
`the EFT services or Ready Reserve Overdraft Protection feature, (d) advertisements, promotions or oral or written statements
`related to the Card, the Accountor the terms of financing, and (e) your use of the Card and the Account.
`
`If you are a Covered Borrower, you and wewill only arbitrate if you choose to arbitrate. We cannot elect to arbitrate a Claim
`with a Covered Borrower. If you are not a Covered Borrower, you and we each agreethat any Claim will be arbitrated instead
`of litigated in court under the circumstances and procedures set forth below.If arbitration is elected, any Claim will be resolved
`pursuantto this provision and the American Arbitration Association (“AAA”) rules and procedures(“Rules”) in effect at the
`time the Claim is filed. (If for any reason the AAAis unable or unwilling or ceases to serve as arbitration administrator, another
`nationally recognized arbitration organization utilizing similar rules and procedureswill be substituted by us.)
`
`With respect to Claims covered bythis provision, if you have asserted a Claim in a lawsuit in court you may elect arbitration
`with respect to any Claim subsequently asserted in that lawsuit by any other party or parties. If we have asserted a Claim ina
`lawsuit in court, we may elect arbitration with respect to any Claim subsequently asserted in that lawsuit by any other party or
`parties, only if no other party is a Covered Borrower.
`
`IF ARBITRATION IS CHOSEN WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE
`THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY
`EXCEPT AS PROVIDED FOR IN THE AAA RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A
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`REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
`EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER
`RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
`
`The AAA Rules and forms of the AAA may be obtained by calling 1-800-778-7879or by visiting the AAA’s Web site at www.
`adr.org. All Claims must befiled at any AAA office.
`
`There will be no authority for any Claims to be arbitrated on a class action basis. Any arbitration hearing that you attend will
`take placein the federal judicial district in which you reside. At your written request, we will temporarily advance up to $500
`towardsthe filing, administrative and/or hearing fees for any Claim that you mayfile against us after you have paid an amount
`equivalentto the fee, if any, forfiling such a Claim in state or federal court (whichever is less) in the judicial district in which
`you reside. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing,
`administrative and/or hearing fees in connection with the arbitration. Unless inconsistent with Applicable Law, each party will
`bear the expenseof that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
`
`This provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration
`Act, 9 U. S.C. §§ 1 et seq., as amended (“FAA”). The arbitrator will apply applicable substantive law consistent with the FAA
`and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon the award rendered
`by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, exceptfor
`any right of appeal provided by the FAA and exceptthat, if the amount in controversy exceeds $100,000, any party can appeal
`the award to a three-arbitrator panel administered by the AAA, which will reconsider de novo any aspectof the initial award
`requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appealwill be borne
`by the appealing party regardless of the outcome of the appeal.
`
`As solely used in this provision, the terms we and us will for all purposes mean Fifth Third Bank, National Association, all ofits
`parents, wholly- or majority-owned subsidiaries, affiliates, predecessors, successors and assigns, and all of their independent
`contractors, agents, employees, directors and representatives.
`
`This provision will survive termination of your Account, as well as the repaymentof all outstanding amounts incurred in
`connection with this Agreement. If any portion of this provision is deemed invalid or unenforceable under any law orstatute
`consistent with the FAA, it will not invalidate the remaining portions of this arbitration provision or the Agreement. In the eventof
`a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision will govern.
`
`YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
`This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
`
`WHATTO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT
`If you think there is an error on your statement, write to us at:
`Fifth Third Bank, Attn: Disputes Resolution Department, MD: 1MOCBxX, 5050 Kingsley Drive, Cincinnati, OH 45227.
`You mayalso contact us at 877-833-6197, Monday through Friday 7 AM to 8 PM (EST) and Saturday 8:30 AM to 5 PM (EST).
`In your letter, give us the following information:
`© Account information: Your name and account number.
`© Dollar amount: The dollar amount of the suspectederror.
`© Description of problem: lf you think there is an error on your bill, describe what you believe is wrong and why youbelieveit is
`a mistake.
`You must contactus:
`e Within 6O days after the error appeared on your statement.
`e At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount youthink is
`wrong.
`You mustnotify us of potential errors in writing or by calling us. You maystill be required to pay the amount(s) in question if the
`Bank determines the transaction is not an error. If you believe fraud has occurred on your account, please call us as soon as
`possible at 800-782-0279.
`
`

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`WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER
`When wereceive your letter, we must do two things:
`1. Within 30 days of receiving your letter, we musttell you that we received your letter. We will also tell you if we have already
`corrected the error.
`2. Within 90 days of receiving your letter, we must either correct the error or explain to you why webelievethe bill
`is correct.
`While we investigate whether or not there has been anerror:
`e We cannottry to collect the amount in question, or report you as delinquent on that amount.
`e The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
`¢ While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
`e We can apply any unpaid amount against your credit limit.
`After we finish our investigation, one of two things will happen:
`¢ If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to
`that amount.
`¢ If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees.
`Wewill send you a statement of the amount you owe and the date payment is due. We may then report you as delinquentif
`you do not pay the amount wethink you owe.
`If you receive our explanation butstill believe your bill is wrong, you mustwrite to us within 10 daystelling us that you still refuse
`to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We musttell
`you the name of anyone to whom wereported you as delinquent, and we mustlet those organizations know when the matter has
`been settled between us.
`If we do notfollow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if your bill is
`correct.
`
`YOUR RIGHTSIF 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 havetried in goodfaith
`to correct the problem with the merchant, you may havethe right not to pay the remaining amount due on
`the purchase.
`To usethis right, all of the following must be true:
`1. The purchase must have been madein your home state or within 100 miles of your current mailing address, and the
`purchase price must have been more than $50.00. (Note: Neither of these are necessary if your purchase was based on an
`advertisement we mailed to you, or if we own or operate the companythat sold you the goodsorservices.)
`2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM orwith a check
`that accesses your credit card account do not qualify.
`3. You must not yet havefully paid for the purchase.
`If all of the criteria above are met and youarestill dissatisfied with the purchase, contact us in writing at: Fifth Third Bank, Attn:
`Disputes Resolution Department, MD: 1MOCBX, 5050 Kingsley Drive, Cincinnati, Ohio 4