throbber
Filing # 179426006 E-Filed 08/11/2023 08:22:55 AM
`
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 08/15/2023 11:29:33 AM
`
`

`

`where based on my review of records and documents regularly maintainedin the ordinary course of
`
`business,all of the matters set forth herein are within my personal knowledge and,if called as a witness,
`
`I could competently testify thereto.
`3.
`Thebilling statements and other documents referred to herein were created at or near
`
`either the time of the transactions or the time the original statements were made and have been kept by
`
`American Express in the ordinary course of business. In my experience,the systems used by American
`
`Express to create and maintain data for and to producebilling statements and other documents are
`
`reliable and kept in a goodstate of repair, and American Express’ procedures for inserting transaction
`
`and other data into the systems have built-in safeguards to ensure accuracy and identify errors.
`
`Duplicate statements can be obtained only by authorized American Express personnel or authorized
`
`agents pursuant to proper procedures, which must be followed in order to obtain the statements. The
`
`other records referred to herein were created and kept in the ordinary course of business by American
`
`Express and were created at or near the time of the occurrence of the matters set forth by those records
`
`and/or were created based upon information transmitted by a person with knowledge of the mattersset
`
`forth in those records.It is the regular business practice of American Express to make and keep said
`
`records. The statements contained in this affidavit are made based on my personal knowledgeofthe
`
`business records practices of American Express.
`
`OowosaHBwoFSFWWPF
`BMBOODOBOODODiiiieSiSOSlSle
`
`4,
`
`All American Express credit card accounts are governed by a written agreement (the
`
`“Cardmember Agreement”) setting forth the terms and conditions of the account. When an American
`
`Express account is opened, the Cardmember Agreementis provided to the cardmember. The
`
`Cardmember Agreement provides that use of the card constitutes acceptance of the agreement.
`
`5,
`
`All American Express Cardmember Agreements expressly provide that American
`
`Express may changethe terms of the Cardmember Agreement from time to time. American Express
`
`advises current cardholders of changes through change-in-terms notices, which are either mailed to
`
`American Express cardmembers in separate mailings or included with or printed on the cardmembers’
`
`monthly billing statements.
`
`FOAENBFSB001
`
`

`

`Oo8~sAOF&FWwHN=
`
`BRBOBDODOROeeet
`
`6.
`
`American Express maintains computerized records of the amounts due and owing to
`
`American Express for any transactions that occur when an individual uses an American Expresscredit
`
`card, The computerized recordsreflectall debits and credits in connection with the use of an American
`
`Expresscredit card. American Express sends or otherwise makes available monthly billing statements
`
`to cardmembers who carry a balance or are otherwise required to receive a monthly statement.
`
`7,
`
`I have personally reviewed American Express’ records concerning defendant Jetta
`
`Schantz a/k/a Jetta Denone Schantz ("Defendant"). Those records reflect that Defendant opened an
`
`American Expresscredit card account, the current account number ending in 3007 (previously 1001)
`
`(the "Account") in 06/2008. Consistent with American Express’ standard business practices, American
`
`Express’ records reflect that it mailed Defendant’s credit card, together with a copy of Defendants
`
`Cardmember Agreement, to Defendant when American Express opened Defendant’s Account. Copies
`
`of each of these Cardmember Agreements were transmitted to Defendant as they were periodically
`
`revised or updated. A true and correct copy of the Cardmember Agreementin effect at the time of
`
`cancellation of the Account is annexed is/are annexed hereto as Exhibit A.
`
`8.
`
`American Express’ records further reflect that Defendant used the Accountto pay for
`
`various goods and services and/or obtain cash advances. Consistent with American Express’ standard
`
`business practices, American Express’ records reflect that it transmitted monthly billing statements to
`
`Defendant. There is no record of Defendant ever asserting a valid unresolved objection to the balance
`
`shown as due and owing on the monthly statements provided to Defendant.
`
`9,
`
`Pursuant to American Express’ records, under the terms of the Cardmember Agreement,
`
`Defendant defaulted in making the payments due on the Accounts. American Express’ records reflect
`
`that American Express closed Defendant’s Accounts. After giving Defendantcreditfor all payments
`
`made, if any, the amountjustly due and owing as of July 26, 2023 is $27,376.63 . True and correct
`
`copies of the monthly Account Statements for the defendant’s Account for the period 04/2023is/are
`
`annexed hereto as Exhibit B.
`
`10.
`
`Defendant’s Accounthas not been sold or assigned by American Express, the original
`
`creditor of the account.
`
`FO_AENBFSB_001
`
`

`

`11.
`
`The informationset forth herein is true and correctto the best of the undersigned’s
`
`knowledge, information andbelief and,if called as a witness, I could competently testify thereto.
`
`12,
`
`Upon information and belief, the Defendant is not now,nor has been within 30 days
`
`hereof, in the military service of the United States as defined in the Service members Civil Relief Act as
`
`amendednor an infant, incompetent, under mental defect or infirm.
`
`Dated:
`
`YA, a 7, ‘oe 3
`
`By:
`
`Mehdi Touhidi,
`
`Title:
`
`Custodian of Records
`
`The foregoingi
`
`ent was acknowledfed
`
`by/Mehdi To
`
`Personally known by me
`
`12
`
`I declare under the penalty ofperjury under the lawsof the forum state that the foregoing is true and correct to the best of my knowledge, information and beli
`
`OooOKNNKthBYNYoe
`
`
`NehUwNlUWhDNOlCUDNlCOCUNOOES|OlRESESEiS|llSlraSOlS|lOSstel
`
`befgremethis Bi aayof
`Produced Identification
`
` Otary Public
`
`COLETTE B. COBIANGH!
`ID#2380791
`NOTARY PUBLIC OF NEW JERSEY
`Gommissian Gupires 12/11/2029
`
`FO_AENBFSB001
`
`

`

`Results as of: Jub26-2029 05:58:56 AM
`SCRA 5.17
`
`Department of Defense ManpowerData Center
`
`
`
`SSN:
`Birth Date:
`
`Status Report
`Pursuart to Servicernembers Civil Relief Act
`
`XXX-XX-4258
`
`Last Name:
`
`SCHANTZ
`
`First Name:
`
`JETTA
`
`Middle Name:
`
`Status As Of:
`Certificate ID:
`
` Jul-26-2023
`OZ2CWCW10OTXF6ENF
`
`| Attive Duty Start Date
`
`
`
` This responsereflects wherethe Individual left activeduty status within 967 days precediigthe Active Duty §
`
`
`‘Tha Member of, His/Het UnitWas Notified ofa Futura CalicUp to-Active Dutyon Active Duty Sistis Date
`
`
`Upon searching the data banks of the Department of Defense Manpower Data'Center, based on the information that you provided, the above is the status of
`the individual on the active duty status date asto all branchesof the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicememberorhis/her unit receiving notification of future orders to report for Active Duty,
`
`San ousepgacteh
`
`Sam Yousefzadeh, Acting Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`

`

`The Defense Manpower Data Center (DMDC)is an organization of the Departmentof Defense (DoD)that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database whichis the official source of data on eligibility for military medical care and other eligibility systems.
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA}(formerly known as
`the Soldiers’ and Sailors‘ Civil Relief Act of 1940), DMDC hasissued hundredsof thousandsof "does not possess any information indicating that the
`individual js currently on active duty" responses, and has experiencedonly a small errorrate. In the event the individual referenced above, or any family
`tember, friend, or representative asserts in any mannerthatthe individual was on active duty for the active duty status date, or is otherwise entitled to the
`protections of the SCRA, you are strongly encouraged to obtain furtherverification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35)via thls URL: https://scra.dmdc.osd.mil/scra/#faqs.If you have evidence the person
`was on active duty for the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
`against you. See 56 USC App, § 3821 (c).
`
`This responsereflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individualleft Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe individual or his/her unit recelved early notification to report for active
`duty on the Active Duty Status Date.
`
`More information on "Active Duty Status"
`Active duty status as reportedin this certificate is defined in accordance with 10 USC § 101{d) (1). Prior to 2010 only someof the active duty periods less
`than 30 consecutive days in length were available,
`In the case of a memberof the National Guard,this includes service undera call to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f} for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserva (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member whois an active duty commissioned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA is broaderin some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate, SCRA protections are for Tite 10 and Title 14 active duty recordsforall the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA, as defined in accordanca with 10 USC § 104(d)(1}.
`
`Many fimes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive datesof service,
`Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`extend beyondthelast datesof active duty.
`
`Those who could rely on this certificate are urged to seek qualified legal counsel to ensure thatall rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING:This certificate was provided based on a last name, SSN/date ofbirth, and active duty status date provided by the requester. Providing
`erroneousinformation will cause an erroneous certificate to be provided.
`
`

`

`Results a5 of : Jub26-2023 05:59:03 AM
`SCRA 5.17
`
`Department of Defense Manpower Data Center
`
`
`
`, Status Repart
`, Pursuant to Servieemembers Civil Relief Act
`
`
`SSN:
`
`XXX-XX-4258
`
`Birth Date:
`
`Last Name:
`
`SCHANTZ
`
`First Name:
`
`JETTA
`
`Middle Name:
`
`DENONE
`
`Status As Of:
`
` Jul-26-2023
`
`Certificate ID: W2DPNRYOT4FH5GB
`
`
`
`
`
`
`', .,?“Active Buty Start Date & ‘Active Duty End Data : - Service Comporiant
`
`
`piae
`
`This response rafiects thaindividuals’ active duty:staius based on theActive DutyStatus Date
`
`"- Active: Duty StaitDate.
`
`=:.Onter Notification Start Date
`
`Upon searching the data banks of the Department of Defense Manpower Data Centér, based on the information that you provided, the aboveis the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicememberorhis/her unit receiving notification of future orders to report for Active Duty,
`
`aw ousepgacdteh
`
`Sam Yousefzadeh, Acting Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`

`

`The Defense Manpower Data Center (DMDC)is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database whichis the official source of data on eligibility for military medical care and othereligibility systems.
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA)(formerly known as
`the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousandsof "does not possess any information indicating that the
`individual is currently on active duty" responses, and has experienced only a small errorrate. In the eventthe individual referenced above, or any family
`member,friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is otherwise entitled to the
`Protections of the SCRA, you are strongly encouragedfo obtain furtherverification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35)via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
`was on active duty for the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA may be invaked
`against you. See 50 USC App. § 3921(c}.
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2} Whetherthe individualleft Active
`This responsereflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe Individual or his/herunit received early notification to report for active
`duty on the Active Duty Status Date.
`
`More information on "Active Duty Status"
`Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior te 2010 only some ofthe active duty periods lass
`than 30 consecutive daysin length were available.
`In the case of a memberof the National Guard, this includes service undera call to active service
`authorized by the Presidentor the Secretary of Defense under 32 USC § 602(f} for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officerof the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Underthe SCRA is Broader in Some Cases
`Coverage under the SCRA is broaderin some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protections are for Title 10 and Title 14 active duty recordsforall the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
`
`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
`Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`extend beyond the last dates of active duty.
`
`Those who could rely on this certificate are urged to seek qualified lagal counsel to ensure that all rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneousinformation will cause an erroneouscertificate to be provided.
`
`

`

`EXHIBIT A
`
`

`

`Transfer
`Platinum Delta SkyMiles®
`Issuer: American Express Bank, FSB
`Credit Limit: $13,700 (Cash Advance Limit: $200)
`
`Cardmember Agreement: Part 1 of 2
`
`As of: 01/17/2015
`
`Cardmember Name: JETTA SCHANTZ
`Account Ending In:
`1001
`
`Rates and Fees Table
`Interest Rates
`
`Annual Percentage Rate
`(APR)for Purchases
`
`0
`14.50%
`This APRwill vary with the market based on the Prime Rate.
`14.50% for any balance transfer requests we may accept.
`This APR will vary with the market based on the Prime Rate.
`
`
`
`
`
`25.24%APRTorCashAdvances|ThisAPRwillvarywiththemarketbased onthePrime Rate.
`
`APRfor Cash Advances
`
`Penalty APR and When it
`Applies
`
`(27.24%
`This APR will vary with the market based on the Prime Rate.
`This APR will apply to your accountif you:
`1) make one or more late payments; or
`2) make a paymentthatis returned.
`How Long Will the Penalty APR Apply?If the penalty APRis applied, it will apply for
`at least 6 months. We will review your Account every 6 months after the penalty APRis
`applied. The penalty APRwill continue to apply until you have made timely payments with
`no returned payments during the 6 months being reviewed.
`Yourduedate is at least 25 daysafter the close of eachbilling period. We will not charge
`you interest on purchasesif you pay your entire balance by the due date each month. We
`will begin charging interest on cash advances and balance transfers on the transaction date.
`or Credit Card Tips from|To learn more about factors to consider when applying for or usinga credit card,visit
`the ConsumerFinancial
`the website of the Consumer Financial Protection Bureau at
`Protection Bureau
`http:/iwww.consumerfinance.govi/learnmore
`Fees
`
`Paying Interest
`
`Annual Membership Fee
`
`$95; however, as you have beenpreviously notified, your Annual Membership Fee will be
`$195 as of March 08, 2015.
`
`Either $5 or 3% of the amount of each transfer, whicheveris greater.
`Either $5 or 3% of the amount of each cash advance, whicheveris greater.
`None
`
`Transaction Fees
`* Balance Transfer
`* Cash Advance
`* Foreign Transaction
`Penalty Fees
`* Late Payment
`* Returned Payment
`* Overlimit
`How wecalculate interest: We use the Average Daily Balance method(including new transactions). See the How we
`calculate interest section in Part 2
`YourBilling Rights: See Part 2 for information on how to exercise yourrights to dispute transactions.
`
`CMAEUAOTO000G04 997022 997041
`
`Page 1 of 4
`
`

`

`How Rates and Fees Work
`
`Calculating
`APRs and DPRs
`
`The Annual Percentage Rate (APR)for variable rates is determined by adding an amount (margin)to
`the Prime Rate (see Determining the Prime Rate in Part 2}. The Daily Periodic Rate (DPR) is 1/365th of
`the APR, rounded to one ten-thousandth of a percentagepoint.
`
`Rate Description
`Purchase
`
`Prime + Margin
`Prime + 11.25%
`
`Balance Transfer
`
`Prime + 11.25%
`
`APR
`14.50%
`
`14.50%
`
`DPR
`0.0397%
`
`0.0397%
`
`0.0691%
`25.24%
`Prime + 21.99%
`Cash Advance
`0.0746%
`27.24%
`Prime + 23.99%
`Penalty
`The penalty APR applies to new transactionsif:
`If the penalty APR applies to a balance,it will
`« you do not pay at least the Minimum Payment
`apply to charges added to that balance 15 or
`Due bythe Closing Date of thebilling period in more days after we send you notice.
`whichit is due,
`Wewill review your Account every 6 months after
`« you do not pay atleast the Minimum Payment
`the penalty APR is applied. The penalty APR
`Due by the Payment Due Date 2 times in 12
`will continue to apply until you have made timely
`billing periods, or
`payments with no returned payments during the
`* your paymentis returned by your bank.
`§ months being reviewed.
`If you do not pay at least the Minimum Payment Due within 60 daysafter its Payment Due Date, we
`can apply the penalty APRto those balancesit does not already apply to. After you pay on time for 6
`billing periodsin a row, the penalty APRwill no longer apply to those balances(butit maystill apply to
`other balances as described above).
`
`Penalty APR for new
`transactions
`
`Penalty APR for existing
`balances
`
`asters)
`
`We add fees to a purchase balance, unless wetell you otherwise.
`Annual Membership
`This fee is on the Rates and Fees Table on page 1 of Part 1,
`Late Payment
`Up to $37. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $26.If
`this happens again within the next6billing periods, the fee is $37. However, the late fee will not exceed
`the Minimum Payment Due. Paying late mayalso result in a penalty APR. See Penalty APR for new
`transactions and Penalty APR for existing balances above.
`Up to $37. If you make a paymentthat is returned unpaid thefirst time we presentit to your bank,the
`fee is $26. If you do this again within the samebilling period or the next 6 billing periods,the fee is $37.
`However, the retumed paymentfee will not exceed the applicable Minimum Payment Due. A returned
`payment may also result in a penalty APR. See Penalty APR for new transactions above.
`$38 if you use your card to cash a check at one of our approved locations and the check is retummed
`unpaid. We will also charge you the unpaid amount.
`None. See Credit limit and cash advancetimit in Part 2.
`$25 if your Accountis cancelled, you ask us to re-openit, and we do so.
`3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotionaloffer
`orat the time of a transaction. This fee is a finance charge. Wewill add it to the same balance as the
`balancetransfer.
`3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator),
`
`Returned Payment
`
`Returned Check
`
`with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction
`
`Account Re-opening
`Balance Transfer
`
`Cash Advance
`
`Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
`
`CMAEVAOTON000004 997022 997041
`
`Page 2 of 4
`
`

`

`Supplement to the Cardmember Agreement
`
`How Your Reward Program Works
`Platinum Delta SkyMiles®
`You can receive Delta SkyMiles” {mifes) wnen you make purchases with your Platinum Delta
`Types of Card Accounts
`SkyMiles Credit Card from American Express (Card Account).
`You receive 1 mile for each $4 ofeligible
`How youreceive miles
`purchases on your Card Account.
`Eligible purchases are purchases for goods and
`services minus returns and other credits.
`
`Eligible purchases do NOTinclude:
`fees or interest charges,
`balance transfers,
`cash advances,
`purchasesoftraveler's checks,
`purchasesor reloading of prepaid cards, or
`purchases of any cash equivalents.
`You will NOT receive additional miles for:
`How you receive additional
`You receive 1 additional mile for each $1 of
`miles
`eligible purchases on your Card Account for
`* purchases ofair travel on a Deltaflight
`the following purchases submitted to us using a
`that are part of all-inclusive air or sea tour
`Delta merchant code:
`packages.
`
`Whenwetransfer miles
`
`Whenyouwill forfeit miles
`
`How you can receive a Miles
`Boost™ each year
`
`* air travel on a Delta flight.
`« air travel on a Delta partnerflight with a BL
`flight code.
`« Delta vacation packages.
`* other Delta services.
`
`Wetransferthe miles you receive to your Delta SkyMiles account after the end ofthe billing period
`in which you received them.
`
`if the Minimum Payment Dueis not paid by the Closing Date ofthe billing period in whichIt is due,
`you will forfeit the miles you received for eligible purchases during that billing period. You may
`reinstate those miles within the next 12 billing periods if your Card Accountis not past due and you
`pay a $35 fee.
`
`Some Miles Boost award restrictions
`You can receive only one Miles Boost award
`for each Card Account. In addition,if you have
`more than one Platinum Card Accountlinked to
`the same SkyMiles account, you are eligible for
`only one Medallion award each year.
`
`If you make $25,000 - $49,999in eligible
`purchasesduring a calendar year, you may
`receive a Miles Boost award of 10,000 Medallion
`Qualifying Miles.
`If you make $50,000 or more in eligible
`purchases during a calendar year, you may
`receive a Miles Boost award of 20,000 Medallion
`Qualifying Miles.
`
`A calendaryearis from January 1 to December
`31 regardless of when you open your Card
`Account. This means in yourfirst year as a
`Cardmember you may have fewer months te
`accumulateeligible purchases toward a Miles
`Boost award.
`
`Otherthings you should know=Youwill receive miles only for eligible purchases
`Miles are subject to the Delta SkyMiles
`aboutthis program
`intended for personal, family or household use.
`Membership Guide and Program Rules, You
`We may changethe termsofthis reward
`should refer to that decumentfor details on:
`program at ourdiscretion. if you violate or abuse
`* how to redeem yourmiles,
`this reward program, you mayforfeit some or all.
`* Delta's right to changeits program terms, and
`of your miles.
`« other conditions that may apply to Delta's
`Weare not responsible for miles after they are
`Program.
`credited to your SkyMiles account. We are also
`not responsible for the actions of Delta on your
`SkyMiles account,
`
`
`CMAEUPSPC000200
`
`Page 3 of 4
`
`

`

`This page intentionally left blank.
`
`CMAEUPSP0000200
`
`Page 4 of 4
`
`

`

`Notice of Changes to Your Cardmember Agreement
`Thetermsof the account referencedin orwith this notice are subject to change in accordancewith the Cardmember Agreement(the
`“Agreement’). This notice formally amends the Agreement as described below. Any terms in the Agreement conflicting with these
`changesare replaced fully and completely. Terms not changed by this notice remain in full force and effect. We encourage you to read
`this notice, share it with Additional Cardmembers on your account, andfile it for future reference.If you have any questions about these
`changes, please call the number onthe back of your Card.
`
`28161
`
`Late Payment Fees and Returned Payment Fees
`Effective February 1, 2015, the Rates and Fees Table on page 1 of Part 1 of the Cardmember Agreementis amended by deleting the
`Penaity Fees row and replacingit with the following:
`
`Up to $38.
`
`Penalty Fees
`» Late Payment
`e Retumed Payment
`
`Up to $38,
`
`Late Payment Fee
`Effective February 1, 2015, the How Rates and Fees Work section on page 2 of Part 1 of the Cardmember Agreementis amended by
`deleting the Late Paymentrow in its entirety and replacing it with the following:
`
`Late Payment
`
`Up to $38, If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is
`$27.If this happens again within the next 6 billing periods, the fee Is $38. However, the late fee will
`not exceed the Minimum Payment Due.Paying late may alse result in a penalty APR. See Penaity
`
`APRfor new transactions and Penalty APRfor exisiing balances above.
`above,
`
`Returned Payment Fee
`Effective February 1, 2015, the How Rates and Fees Work section on page 2 of Part 1 of the Cardmember Agreementis amended by
`deleting the Returned Payment row and replacingit with the following:
`
`Returned Payment
`
`Up to $38. If you make a paymentthat is returned unpaid thefirst time we presentit to your bank,
`the fee is $27,If you do this again within the samebilling period or the next 6 billing periods, the
`fee is $38. However, the retumed paymentfee will not exceed the applicable Minimum Payment
`Bue. A returned payment may also result in a penalty APR. See Penalty APR for new fransactions
`
`CMAEUDFY1000138
`
`Page 1 of 2
`
`

`

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`
`CMAEUDFY1000138
`
`Page 2 of 2
`
`

`

`FDR 997022
`
`Cardmember Agreement: Part 2 of 2
`
`Doc 27304
`
`How Your American Express Account Works
`
`introduction
`
`About your Cardmember
`Agreement
`
`This document together with Part 1 make up the
`Cardmember Agreement (Agreement) for the Account
`identified on page 1 of Part 1, Any supplements or
`amendments are also part of the Agreement,
`
`Changing the Agreement
`We may changethis Agreement, subject to applicable
`law. We may dothis in responseto the business, legal or
`competitive environment. This written Agreementis a final
`expression of the agreement governing the Account. The
`written Agreement may not be contradicted by any alleged
`oral agreement.
`
`When you use the Account (or you sign or keep the
`card}, you agree to the terms of the Agreement.
`
`Changes to some terms may require 45 days advance
`notice, and wewill tell you in the notice if you have
`the right to reject a change. We cannot change certain
`terms during thefirst year of your Cardmembership.
`
`We cannot increase the interest rate on existing balances
`exceptin limited circumstances.
`sss
`Words weusein
`the Agreement
`
`We, us, and cur mean the issuer shown on page 1 of
`Part 1. You and your mean the person who applied for
`this Account and for whom we openedthe Account. You
`and your also mean anyone who agreesto pay forthis
`Account. You are the Basie Gardmember. You may
`raquest a card for an Additional Cardmember(sse
`About Additional Cardmembers in Part 2).
`
`Card meansany card or other device that we issue to
`access your Account. A charge is any amount added to
`
`your Account, such as purchases, cash advances,
`balance transfers, fees and interest charges, A
`purchaseis a charge for goods or services. A cash
`advanceis a charge to get cash or cash equivalents.
`A balance transferis a charge to pay an amount you
`owe on anothercredit card account.
`
`To pay by a certain date means to send your payment
`so that we receiveit and credit it to your Account by
`that date (see About your paymentsin Part 2).
`
`
`About using your carda
`Using the card
`You may use the card to make purchases. At our
`We may(but are not required to) tell these merchants
`discration, we may permit you fo make cash advances or
`if your expiration date or card number changes or
`balancetransfers. You cannottransfer balances from any
`if your account is cancelled. You mustnotify the
`other account issued by us or ouraffiliates,
`merchants directly if you want them to stop charging
`your Account,
`
`You may arrange for certain merchants to store your card
`number and expiration date, so that, for example:
`Keep your card safe and don't let anyone else useit.
`If your card is lost or stolen or your Accountis being
`® the merchant may charge your account at regular
`intervals; or
`used without your permission, contact us right away.
`® you may make charges using that stored card
`You may not use your Accountforillegal activities.
`information.
`
`Promise to pay
`You promise to pay all charges, including:
`® charges you make, even if you do not present your card orsign for the transaction,
`® charges that other people makeif you let them use your Account, and
`e charges that Additional Cardmembers makeor permit others to make.
`
`Credit limit and cash
`advancelimit
`
`We assign a Credit Limit to your Account. We may make
`part of your Credit Limit available for cash advances
`(Cash Advance Limit). There may also be a limit on the
`amount you can withdraw from ATMsin a given period,
`The Credit Limit and Cash Advance Limit are shown on
`page 1 of Part 1 and on eachbilling statement.
`
`® your Account balance (including fees and interest)
`is not more than your Credit Limit, and
`® your cash advance balance (including fees and
`interest) is not more than your Cash Advance
`Limit.
`
`We may approve charges that cause your Account
`balance to go over your Credit Limit. If we do this,
`wewill not charge an overlimit fee. If we ask you to
`promptly pay the amount of your Account balance
`above your Credit Limit, you agree to do so.
`You agree to manage your Account so that:
`
`
`We mayincrease or reduce your Credit Limit and Cash
`Advance Limit. We may do so evenif you pay on time and
`your Accountis not in default.
`
`Declined transactions
`
`We may decline to authorize a charge. Reasons we may
`and your Accountis not in default, We are not
`do this include suspected fraud and our assessment of
`responsible for any losses you incurif we do not
`your creditworthiness. This may occur evenif the charge
`authorize a c

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