Filing # 195076105 E-Filed 03/29/2024 03:00:03 AM
`
`IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
`
`JEFFERSON CAPITAL SYSTEMS, LLC,
`
`Plaintiff,
`
`VS.
`
`DAVID PHILLIPS,
`
`Defendant.
`
`Case No.:
`
`COMPLAINT
`
`Plaintiff, Jefferson Capital Systems, LLC, by and through its undersigned attorney, sues
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`Defendant, DAVID PHILLIPS, and as grounds therefore states:
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`1. This is a cause of action for damages, which do not exceed $50,000.00 exclusive of
`interest and costs, and is within the jurisdictional limits of this Court.
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`2. Plaintiff, Jefferson Capital Systems, LLC, is a Georgia limited liability company,
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`which is duly authorized to conduct business in the State of Florida.
`3. Venue and jurisdiction are properly laid in ORANGE County, Florida pursuant to
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`Chapter 47, Florida Statutes, because, upon reasonable belief, Defendant resides in that county.
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`4. Prior to the commencement of this action, Plaintiff acquired the account referenced
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`herein from SYNCHRONY BANK and by virtue thereof is entitled to all rights originally
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`bestowed upon the original creditor. See attached Exhibit 1.
`5. Plaintiff notified Defendant of
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`the assignment more
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`initiation of legal action, pursuant to Florida Statute § 559.715.
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`than thirty (30) days before
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`6. The original creditor, SYNCHRONY BANK, entered into a Contract with Defendant,
`a copy of which is attached hereto as Exhibit 1 and by reference made a part hereof.
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`934316
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`

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`7. Pursuant to the terms of the contract, Defendant obtained a loan/line of credit from
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`Plaintiff
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`s assignor.
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`8. Defendant has failed to pay the amount due and owing pursuant to the terms of said
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`Contract.
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`COUNT I
`BREACH OF CONTRACT
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`9. Plaintiff realleges paragraphs one (1) through eight (8) and alleges as follows:
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`10. Although Plaintiff has made demand upon Defendant
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`for payment, Defendant has
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`refused to make payment in full.
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`11. The principal balance of $8,716.36 remains due and owing to Plaintiff.
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`12. Plaintiff has satisfied any and all conditions precedent to the bringing of this action or
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`such conditions have been waived.
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`WHEREFORE Plaintiff demands judgment against Defendant for damages, costs, post-
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`judgment interest and any other relief this court deems just and proper.
`COUNT II
`UNJUST ENRICHMENT
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`13. Plaintiff realleges paragraphs one
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`(1) through eight (8) and, in the alternative, alleges
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`as follows:
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`14. The original creditor, SYNCHRONY BANK, conferred a benefit upon Defendant by
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`opening an account pursuant to Defendant's request.
`15. Defendant received and used, or authorized the use of, the account extended while
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`knowing that the original creditor expected to be paid for money or services provided in connection
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`with said account, together with interest thereon.
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`2
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`

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`16. It would be inequitable for Defendant to retain the benefits conferred by the original
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`creditor without paying for the value thereof.
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`17. Plaintiff, as assignee, is owed the sum of $8,716.36, and Defendant has been unjustly
`together with post judgment interest to accrue at the statutory rate.
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`enriched by that amount
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`WHEREFORE Plaintiff demands judgment against Defendant for damages, costs, post-
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`judgment interest and any other relief this court deems just and proper.
`Respectfully submitted, 03/18/2024.
`
`/s/ Ricco Washburn
`By:
`Ricco Washburn, Esq.
`Florida Bar No.: 1001007
`Attorney for Jefferson Capital Systems, LLC
`P.O. Box 17210
`Golden, CO 80402
`Phone: (303) 215-0050 or (877) 328- 6180
`Fax: (303) 215-1351
`courtdocs @jcap.com
`
`This is an attempt to collect a debt and any information obtained will be used for that purpose.
`
`3
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`

`

`934316
`
`synchrony
`4500 Munson St NW
`Canton OH 44718. U.S
`
`BILL of SALE
`Jefferson Capital (SIBVJINS) PSCC Installment Bulk — May 2022
`For value received and in further consideration of the mutual covenants and conditions
`set forth in the Accounis Purchase Agreement (the "Agreement"), dated as May 11, 2022, by and
`between Synchrony Bank formerly known as GE Capital Retail Bank, RFS Holding, L.L.C.,
`'lace') and
`Synehrony Card Funding, LLC and Retail Finance Credit Services, LLC.,
`Jeffers= Capital Spawns, LLC- ("Bare), SelkEr hereby transfers, sells,imaven grants, ancl
`and assigns, without recourse
`except as set forth in the
`delivers to Buyer, its successors
`Agreement, to the extent of its ownership, the Accounts as set forth in the Notification File (as
`defined in the Agreement), delivered by Seller to Buyer on or about 12th of May 2022, and as
`further described in the Agreement.
`
`Synchrony Bank
`49#/f4
`By: werrgoiro miotp2annsnarn
`Lynne Fisher
`Title: SVP Recovery Operations
`
`RFS Holding LLC
`By: 07Mkt'
`ifthelf mem=
`Lynne Fisher
`Title: Duly Authorized Signatory
`
`u.s3 Urn
`
`Synchrony Card Funding, LLC
`ewe
`By:
`re Rohr liky latila LIM EINT)
`Lynne Fisher
`Title: Duly Authorized Signatory
`
`Retail Finance Credit Services, LLC
`
`By: alMkt,
`
`211121220 ET
`
`Ellifley
`Lynne Fisher
`Title: Vice President
`
`

`

`Date
`
`Open
`
`Number
`
`Account
`
`Seller
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`202205
`
`SYNCBK
`
`2522
`
`DELQ
`
`ID:
`
`Reference
`
`Pool
`
`Purchased
`
`action.
`
`information.
`
`Consumer
`
`protect
`
`to
`
`order
`
`in
`
`current
`
`the
`of
`
`part
`
`not
`
`but
`
`file
`
`sale
`
`same
`
`3
`
`1o
`
`f
`
`characters
`
`four
`
`last
`
`the
`
`only
`
`the
`in
`
`included
`
`were
`
`who
`
`present
`
`to
`
`Consumers
`
`masked
`
`is
`
`[Redacted]
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`[Redacted]
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`LLC
`
`Systems
`
`Capital
`
`2022-05-18
`
`dated
`
`sale
`
`Jefferson
`
`to
`
`Number
`
`Account
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`of
`bill
`
`the
`to
`
`Assigned
`
`File
`
`Sale
`
`Pursuant
`
`from
`
`Excerpt
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`other
`
`Page
`
`protect
`
`information
`
`to
`
`redacted
`
`is
`
`Number
`
`Account
`
`records
`
`Seller
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`#:
`
`3645154209
`
`Reference
`
`JCAP
`
`these
`
`for
`
`data
`all
`
`that
`
`and
`
`Number,
`
`Account
`
`indicates
`
`Number,
`
`[Redacted]
`
`LEGEND:
`
`[Redacted]
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`PHILLIPS
`
`Name
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
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`[Redacted]
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`DAVID
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`

`

`Amount
`
`Payment
`
`Last
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`$200.00
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`Date
`
`202205
`
`SYNCBK
`
`2522
`
`DELQ
`
`ID:
`
`Reference
`
`Pool
`
`Purchased
`
`action.
`
`information.
`
`Consumer
`
`protect
`
`to
`
`order
`
`in
`
`current
`
`the
`of
`
`part
`
`not
`
`but
`
`file
`
`sale
`
`same
`
`characters
`
`the
`in
`
`four
`
`3
`
`2o
`
`f
`
`Page
`
`last
`
`the
`
`only
`
`included
`
`were
`
`who
`
`present
`
`to
`
`Consumers
`
`masked
`
`is
`
`other
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`7/16/2020
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`Payment
`
`Last
`
`Balance
`
`LLC
`
`Systems
`
`Capital
`
`2022-05-18
`
`Jefferson
`
`to
`
`Assigned
`
`dated
`
`sale
`
`of
`bill
`
`the
`to
`
`Purchased
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`$8,716.36
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`File
`
`Sale
`
`Pursuant
`
`from
`
`Excerpt
`
`Amount
`
`Off
`
`Charge
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`protect
`
`information
`
`to
`
`Number
`
`Account
`
`Seller
`
`and
`
`Number,
`
`redacted
`
`is
`
`records
`
`these
`
`for
`
`data
`all
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`$8,716.36
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`Date
`
`Off
`
`Charge
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`12/23/2020
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`[Redacted]
`
`that
`
`Account
`
`indicates
`
`Number,
`
`[Redacted]
`
`LEGEND:
`
`3645154209
`
`#:
`
`Reference
`
`JCAP
`
`

`

`202205
`
`SYNCBK
`
`2522
`
`DELQ
`
`ID:
`
`Reference
`
`Pool
`
`Purchased
`
`3
`
`3o
`
`f
`
`Page
`
`action.
`
`information.
`
`Consumer
`
`protect
`
`to
`
`order
`
`in
`
`current
`
`the
`of
`
`part
`
`not
`
`but
`
`file
`
`sale
`
`same
`
`characters
`
`the
`in
`
`included
`
`were
`
`who
`
`four
`
`last
`
`the
`
`only
`
`present
`
`to
`
`Consumers
`
`masked
`
`is
`
`other
`
`protect
`
`information
`
`to
`
`Number
`
`redacted
`
`[Redacted]
`
`[Redacted]
`
`LLC
`
`Systems
`
`Capital
`
`2022-05-18
`
`dated
`
`sale
`
`of
`
`bill
`
`the
`to
`
`Jefferson
`
`to
`
`Assigned
`
`File
`
`Sale
`
`Pursuant
`
`from
`
`Creditor
`
`BANK
`
`SYNCHRONY
`
`#:
`
`3645154209
`
`Reference
`
`JCAP
`
`is
`
`records
`
`these
`
`for
`
`data
`all
`
`that
`
`Account
`
`Seller
`
`and
`
`Number,
`
`Account
`
`indicates
`
`Number,
`
`[Redacted]
`
`LEGEND:
`
`Original
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`Excerpt
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`Name
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`Borrower
`
`Co
`
`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`[Redacted]
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`

`

`(Page 13 Fecifa72018
`
`2:01P11
`
`No. 6197
`
`P.
`
`5
`
`POWERSPORTS CONSUMER INSTALLMENT CONTRAGT
`UTAH LOAN CONTRACT AND SECURITY AGREEMENT CONSUMER NOTE
`THE rum of THIS CONTRACT ARE ON MULTIPU PAGES
`
`State Pt
`
`Zio Gods 3281!
`
`'SYNGE!' or
`
`(Please Print)
`Borrower Narne(a) 1;4V133 PHILLIPS
`gorilla 46 0
`HIANABSBE
`04 ORLANDO
`Co-Horrower Narre(s) alma
`CAMPBELL
`In this contract. 'youor "your rivers all persons Vic sign thie =tract
`es borrower or oo-borrower, jointly and seven*, and 'we 'us," 'cur,'
`'Lender means 8511Ohlony Bank, each of Ss successors, and mach eseignee or holder of this Note.
`1. PURNASE MONEY LOAN AND SECURITY INTEREST: PIS loan is made to finance the purchase of the unit, parts end acceasones (collectively,
`'LIM')
`described in Section 3. You apse that the terrns of tide contract are shown on multiple pages of this contract and that the data and the numerical amounts
`shown below sccurately reflect vie details of your purchase end our contract. You hereby grant us a purchase money security Intersist In the Unit to mute
`all
`unpaid amounts under thts contract until all such amounts are paid in fut.
`You PrOnase to pay us the Amount Pinanoed shown In Section 5 beim, along With simple interest at the contract
`rate shown CContraot Raul and aii other
`or-largess provided for under this contract, In accordance wtth the Payment Schedule ehown In that Section from todays date unil pad In fun. The Lotr
`maturity data Is 03 / 4J 2 024. The amount shown in Section 6 as the Total of Payments is bread on the assumption that ail payments will be made on
`their scheduled due deters. The actual amount you pay may be more or leee, depending on your Payment habits. For example, your actual totai payments Mt
`be lees If we consistently reCeNe your paymerts before the due date. Likewise, your actual total peyrneri will be more if we consistently receNe your
`payrnents WIG. The final payment due under this contract will be foi-
`interest and other aconied oherges
`remaining amounts,
`including principal,
`outstanding and unpaid.
`2. ASSIGNMENT: We rnay assign your account and our rights under this contract
`to another nnenoial nsititutbn or oompeny Wrthout pnor notice to you. That
`person will take our place under this contract. You may not assign any c4 your obigetioris under this ocntract without our express written egreemerit.
`nFAIIRIPTInm nF lour PIIR1541%1M.
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`SUZUKI
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`fl
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`
`Unit Identification No.
`
`4. ITEMIZATION OF AMOUNT FINANCED:
`1. Arnount Paid to Others on Your Behan
`
`A. To DELAND MOTORSPORTS
`(Insert dealer name)
`1. For Unit
`2. Freight & Set Up
`3. Accessories
`4, Dealer Document Preparation Fee
`5. Lass Down Payment /
`Trade-In Amount
`6. Sales Tax
`7. To
`(Optional Extended Service Plan')
`8. To SUELT..1
`(Optional GAP Protection.)
`9. To
`(Opeorial Tire Ouerd Protection')
`10. TO ATIZUKT
`(Optional Warranty)
`
`$
`$
`$
`
`$
`
`($
`S
`
`I
`
`$
`
`S
`
`$
`
`7, 000 - 00
`i61.00
`1.299
`00
`29 8. 0 0
`
`2,000.00)
`623.43
`
`$7
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`bi.
`
`tir
`
`499.00
`
`6,1D, ()s3
`
`*Deafer may be retaining a portion of this amount.
`
`184-138'30
`Rev. 06/2017
`30467JA
`
`02/28/2018 /12:50'02/85175634
`
`B. To public officials:
`1. Title Fees
`2. LiCenSe Fees
`3. Registration Fee
`4. Lien Notatbn Fees
`6. Filing Fees
`6. DOC Sterne Fees
`c. 7o
`Ice
`To
`for
`Sublotek
`2. To Lender (prepaid fess)
`1, Ongination Fees
`2.
`Subtotal:
`
`$
`$
`$
`$
`$
`$
`
`$
`
`S
`
`$
`
`$
`$
`$
`
`150.00
`
`32.
`
`0 6
`
`9.192.49
`
`0.00
`
`3. Total Loan Amount
`(Subtotals 1+2)
`4. LOSS Prapard Finance charge(s.
`5. ArIblint Fmenced (3.4)
`
`9.192.49
`it
`($-,...Es91)
`9,192.49.
`$
`
`ir
`
`

`

`(Page 14Feaif
`
`172018
`
`2:01PM
`
`No. 6197
`
`P.
`
`6
`
`5. TRUTH IN LENDING ACT DISCLOSURES:
`EINANCE CHARGE
`ANNUAL
`PERCtArrAGE RATE
`The dollar amount
`the crecll will
`your cede as a
`cost
`The
`of
`cost you.
`yearly rate.
`
`Amount Financed
`
`Total of Payments
`
`The amount of oredit provided to
`you or on your behalf.
`
`The amount you will have paid after
`you have made all payrnents as
`scheduled.
`
`1 3. 4 9 96
`
`s4 335.59
`
`s9,192.49
`
`s13 528.08
`
`Payelertt Schedule: Your payment schedule will be.
`Arnoure of Payments
`Payments are Due Beginning
`Number of
`Payment,
`72
`
`04/14/2 018
`
`$ 187.89
`
`Contract Rate Per Year
`
`13. 4 9
`
`96
`
`96
`
`Payments are due Monthly, unless Indlcateo differerrey.
`PrIblearnent: There Is no penalty or fee for prepayment of this loan. You may be entitled to a refund of part of the 5nance charge. Sea ADDITIONAL
`PAYMENT, DEFAULT AND PREPAYMENT SECTIONS section for additional information.
`Security: You are gMng us and we are retaining a purchase-money eacurey interest iri the Unit being purchased with the proceeda Of thie contract,
`a payment is not paid in full by its scheduled due date, you wtil be charged a late fee of the greeter of $39.9.9 or 5% cf the
`Late Charges:
`if
`payment amount.
`Other Terms: These contract
`terms provide additional Information about security Interests, nonpayment. default and our rIght to require repayment In
`full before the scheduled Maturity date.
`
`FINANCING PLAN: Fbrod Roo
`
`Promotion:
`
`Interestto begin accruing 30 daye pnor to erst payment date indicated in section 5.
`See Promotional Rider attached for promotion MEWS.
`
`X
`GAP Disclosure
`I understand that OAP Protector describee herein is optional and not reqUired to obtain credit. The cost of Mai prOduct is $ 499 0 0 as disciosed in
`I understand that you or the Dealer may retain a portion of this cost. The term of Itle coverage (If different frorn the term of
`Soden 4 Of this contract
`Please.
`•0,d •.
`num to this,
`• h and u a part of thls contr.
`ndum which I acknowledge recevin
`the se
`AP
`this loan
`te
`00"
`sign •
`
`_4..w.,
`
`Borrower
`
`Yes, l want optional GAP Protection,
`covi Gimp
`
`Co-8 rrower
`
`1
`
`6. RETURNED CHECK CHARGE We may impose a Returned Checkl>erge
`of $39.22 if any check or other item submitted to us in payment of your
`low es returned to us unothd.
`7. ADDIT)ONAL PAYMENT, DEFAULT AND PREPAYMENT SECTIONS: All
`monthly payments are to be rnade to the address that will be
`If we a000pt any monthly payment neer the debt
`it
`provided by WI.
`is due, this will not effect
`the due dates of any other amounts due
`extension
`for
`this contract,
`under
`nor wie it act
`of
`time
`as
`an
`tt wil also not
`then remaining unpaid.
`payments 0 any amounts
`modify any of our rights under this contract. Receipt of a statement
`from us is not a requirement
`to make a payment. Suoject
`to any
`restictiona under applicable law, you can and will OB ir, deal.* 1 you (0 tail
`(i0 break any other terns of the
`tO Pay any monthly payment when due;
`contract: (110 become the aub)ect of bankruptcy or insolvency prooudings;
`trensaction. Upon
`(N) provide false information nalthad to this orecet
`or
`default, besides collecting late Georges acoordIng to the terms of Seotion 6,
`vai may, eubmct tn any notoe of default and ncelt to cure deteurt required
`bY applable ew, aculerate POYrrient of the entre balance. Wa may begin
`a lawsuit for colection of the amount and you agme to pay reseoriable
`attorneys' feu, court c00% end dieburserrents whin and as pemitted Py
`ths contract s referred for cpsecton to erly attorney who
`apolicabie law i
`If you default, you agree to pay our costa tOr
`e not our salaried amptoyea.
`court soots,
`including, without
`limitation,
`collectng amounts owing,
`attorneys' fees, and Sege for repossession, repair, storage and saie of the
`ProPany &Shilling this Contract.
`basis by routtiplying your
`Interest WI0
`a gimp* nterest
`ItZCtleit On
`outstanding pOincipal oelance times a daily periodic rate times the actus
`nurnber of daye the balance Is outstanding (exoept u modified ley a
`indicated In thla contract). The daily periodic rate will ba the
`Promasotion
`Cone= Rate shown In Section 8 divided by the number of daya in the
`184'1384°
`Rev. 051201 7
`30487,1A
`
`02/28/2018 /12:50:02/85175884
`
`ca
`
`year. You rnay pay without penalty ail or a portion of the amount owed
`is due. Early pnymente WA net unless agreed to by us In
`than it
`smiler
`relieve you of yOUr obligation to continue to make paymerts in
`writing,
`a000ndanoe with the payment schedule. Rather, such early payments wl
`reduce tha principal balance due, and rnay result
`in you leaking fewer
`pemerrts. To the maximum amount allowed by applieeble law, any
`prepaid Mance charges are non-refundable in the event of prepayment.
`Upon prepayment, prepaid finance charges in excess of what is allowed by
`applcable law will be refunded on a pro-rets bElsig.
`INSURANCE: until your Loan is fuly paid. we require you to heve
`B.
`the Unit, as required
`Insurance on
`and maintain, at your expense.
`by applicable law. Any insurance policy covering the Unit shell ncIL,de a
`irterests. You have me riöht to ebtain
`LSE payEL710 ctuse protect% our
`such Insurance throunh any DVISCIn of your choice.
`it you default under the 0Ontrect, we may also have the
`O. REPOSSESSION:
`In the event of
`fight. a; Parrnttad bY itOOKolible law, to repossess the Untt.
`such repoeseeiaion, any pemonal property of yours In or attached to the
`[-tit which le not subject to our security interact may be held by us without
`:shifty. Uniacs you make wetter demand on us fee the return of such
`longer period required by
`personal property within 1 0 deys (or any
`lose any right to reclaim rt from ue,
`applicaree law) of repossession, you will
`axoept ea applicable law otherwise provides. After we repose/pas the Une lt
`may be sold at public or private Gale, as provided for toy eoptosbie taw, and
`ire proceeds maenad from the sale will he applied to your balance after
`deducting expenses allowed by law. we wa pay you any surplus resulting
`from a resthe of the repossessed Uret, arid you will pay us any deficiency
`Lous ana
`law permits
`.w.
`when and as permitted
`by applicable
`repose's/3bn of motor vehicles etto
`
`....
`
`-.
`
`-.
`
`.,
`
`init.
`
`17/4
`
`416.1
`iefe,
`
`Initialsqa
`
`

`

`(Page 3.5Fecif 28.72018
`
`2:02PM
`
`No, 6197
`
`P.
`
`7
`
`2.
`
`10. CREW REPORTS AND LOAN INFORMATION: VOL authOnze us to
`obtain your UreCIA reports to rwestigerte your Credit record at the time of
`your fe)Diciation and from lime to time thereafter to confirm your credit
`record vitt
`the Loan is paid in fulL You also eethortze us to verify your
`credit, arrployment and income references and to obtain any other
`Information we think neceseary in oonnecton with your application end the
`Periodic regrew of your Loan. You agree that we may use The credit reports
`rid other
`information for other purposea,
`including oonsioerrie you for
`aalltioned products and services that are offered by us or one of cur
`affiliWas. We meY nePOrt information
`to credit
`about your account
`Late payments, missed payments, or other defautts on
`bureaus.
`yaw acoount may be reflected in your credit report.
`INACCURATE INFORMATION.
`believe that
`fr
`have
`vou
`we
`Information about you that Is Inaccurate or
`that we have reported or
`inaccurate information about
`may report
`you to
`a
`consumer
`reporting agency, please contact
`the following address:
`at
`us
`Powereports, Customer Service, o/o P.O. Box 065073, Orlando, FL
`32SE6-5073: Fax 866-406-9648. b so doing, please Identify the
`specific information
`Is Inaccurate.
`arid tell us why you believe
`It
`If
`that Includes the info(mation
`the credit report
`you have a copy of
`you believe is Maccurate, pleeee aend a copy of that report to us
`when you contact us-.
`
`•
`
`11. USE OF INFORMATION ABOUT YOU AND YOUR LOAN/CONSENT TO
`COMMUNICATIONS/ADDRESS AND PHONE CHANBE: You authorize and
`direct us M furnish informetion about you and
`to
`your Lcian
`The
`retake/merchant/dealer associated wrth the credit program (n0 their
`for use In connection with ihis credit
`affiliate and prOgrarn aponsors),
`program, inducing to create and update their curomer
`recorte, to aselst
`them In better terVing you, and to provide you vdth special promotions. In
`addition, YoU cOnaint to us, as well as any other owner or servicer of your
`Loan, Contacting you through any channel of communbation and ter any
`purpose, as permitted by applicable law. For
`Informational, servicing or
`collection related cOMMunications, you agree that we Wry use the phone
`numbers that you provide to us
`to contact your cellular phone or wireless
`rneesagee, artificial or prersoorded \robe calls, end cats
`device with text
`made by end automatic telephone dialing syetere This consent applies
`if YOU are charged for the call under your pen, You are responsible for
`avert
`eny chuges that may be billed to you by your COrnmUnications carrier
`when we contort you. You also represent that ary phone :lumbar that you
`provide to us belOnge to you and/or that you are authorized to provide that
`miter.
`You are to tell us right away if you change your address Or eery
`Phone eumber,
`12. RESOLVING A DISPUTE WITH ARBITRATION.
`IF YOU DO NOT
`PLEASE READ THIS SECTION CAREFULLY.
`REJECT fT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND
`MOST DISPIJTES BETWEEN YOU AND US WILL BE SUBJECT TO
`INDIVIDUAL ARBITRATION. THIS MEANS THAT:
`(i) NEITHER A
`COURT NOR A JURY WILL RESOLVE ANY SUCH DUIPLITE:
`(2) YOU
`WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR
`INFORMATION WILL
`SIMILAR
`LESS
`BE
`PROCEEDING;
`(3}
`AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.
`What claims ere subject to arbitration
`if either you or we make a demand for erbitratiOn, you end we must
`1,
`arbitrate any depute or claim between you or any other user of
`your account and us, our dilates, agents anclicr Dealer/Retailer if
`it relates to your account, exeept as noted below.
`2. We w,li not require you to arbitrate:
`(1) are individual case ir smell
`chime court or your stebeia equivelent court, so iong as It
`remains
`we fle to cosect
`in that court
`en individuel case
`or
`a case
`(2)
`if you respond to the collection
`money you owe
`us. However,
`claiming any vongdoing, we may
`lawsuit by
`you
`require
`to arbitrate.
`language in the section, only • court,
`3, Notwithaanding any other
`decide
`not
`rebitrator, we
`validly,
`the
`disoutee
`atoat
`an
`enforceabty, °overage or scope Of /hie section or arry pert tereot
`imitation, the next Daregreph of this section
`(ncluding, without
`that
`onct/or thie aenterioe). However, any dispute or ergurnant
`concerns the validity or enforteabifity of tee contract as a whoie is
`for the arbfiretor, not a court, to decds.
`No Class Actions
`TO PAIITICIPATE
`A
`AGREE
`IN
`GLASS,
`NOT
`YOU
`ATTORNEY GENERAL
`REPRESENTATIVE
`PRNATE
`OR
`ACTION AGAINST US IN COURT OR ARBrTRATION. ALSO,
`YOU MAY NOT BRING CLAlMS AGAINST US ON BEHALF OF
`ANY ACCOUNTHOLDER WHO la NOT AN ACCOUNTHOLDER
`THAT ONLY
`AND YOU AGREE
`ON YOUR ACCOUNT,
`ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED le(
`A SINGLE ARBITRATION WIT1-1 ANY CLAIM YOU HAVE.
`
`•
`
`•
`
`- 84-13"0
`Rev. TAM'
`3048% A
`
`7
`
`02/28/2018 /12!50!02/85175634
`
`3)
`
`•
`
`•
`
`If & CAUrt determines that this Ofiregraph is rot Lilly enforceable, Only
`this senterbe wIl
`remain in force and the remainder wit be nuarid
`void, and tho aOurt'a determination shall be subject to appeal. This
`paregraph does riot apply to any lawsuit or administrative proceeding
`federal government agency even when
`filed against us by a state or
`such agency is seeking relief on bear of a class of borrowers,
`inCilidlili you. Thls means thet w19 Vill rot have the right to cornbel
`arbiOatioo Of eny claim brought by such an agency,
`How to start an arbitration, and the arbitration prOcess
`1. Tho party who werits to arbitrate must notify the other party in
`writing. The notice car be ow after the beginning of a await or
`in Mars flifsd In the lawsuit. Otherwee, your notice must be sent
`to Synchrony Bank,
`29110,
`P.O. Box
`Legal OperetIon,
`Shawnee Mission, KS 86201-5320. The party seeking arbitration
`iselect en arbitration arkrinatrator, which orre te Neter the
`meat
`American Artiltreton Association (AAA), 120 Broadway, Floor 21,
`New York, NY 10271, www.aritorg,
`(800) 778-7879, or ,1AMS,
`York, NY 10018,
`Fbor, New
`820 Eghth Avenue,
`345
`ifeivw.ernsadr.com, (800) 382-5287.
`if neither administrator le abla
`or ming to handle the diSOUte,
`then the court wil appolrtt
`an arbitrstor.
`if a obey fles e lawsuit In COW/ reverting cleirn(s) that are subbct to
`arbitration and the other party fies a motion with the Court
`to
`cornpel arbitratbn, which a granted,
`e will be the reaponsIbety of
`the
`to
`the
`the
`commence
`aseerting
`party
`cialrn(s)
`arbitration proomodhg.
`3. The arbitration administrator will appoint tee arbitrator arid will
`tell
`the miles what to do next. The erbitrator must ne a Weyer with at
`lead ten years of legal experience. Onoe appointed,
`the arbitrator
`must aPpfy the same law and legal vinciplea, consistent with the
`that would apt* In court, but may use defame procedural
`FAA,
`It the adninetratorre flees conflict with this contract,
`the
`need.
`contract will oontrol.
`4. The arbitration will Mire pace by phOne Or at a reasonably
`If you oak us to, we wib pay all the fees 119
`convenient location.
`administrator or arberetor charges, as long as we believe you are
`acting In good faith. We will always pay arbitration costs, as well as
`to the abet you prevail on claims ycc
`your legal fees arid costs.
`proceeding welch you
`an arbitration
`us
`assert
`egainet
`In
`have commenced,
`Governing Law for Arbitration
`is governed by the Fade*
`This Arbitration section of your contract
`Arbitration Act (FAA). Utah law shell apply to the extent state law s
`the FAA. The arbitrator's ciecieion will be final and
`relevant under
`binding, axcaPt for anY %Opera right under the FAA. Arty court with
`'Jurisdiction may enter judgment upon the arbitrator's award.
`How to reject this section.
`You may reject this Arbitration section of your contract
`tf you
`do that, only a court may be used to resoive any dispute or
`claim. To reject this section, you must send us a notice withal
`60 days after you open your eccoimt or we
`first provided you
`thls section. The notice must
`with your right to reject
`include
`your name, address and account number, and must be mailed
`to Synchrony Bank, P.O. Box 985012, Orlando, FL 3289e-6012.
`reject this section.
`This is the only wily you can
`13. DISPUTED AMOUNTS; All written communications concemirig
`check
`disputed amounts,
`including any
`payment
`other
`or
`that the payment coracle/tee "parnant
`instrument
`that
`(i) indicates
`in fulr Of
`full satisfaction of a disputed amount, or
`Ls tendered as
`Imre be moiled
`(ii) is tendered wtth other conditions or hmitetions,
`or delivered to us at Powersports, c/o P.O. Box 985073, Orlando, FL
`losing any of our
`the payment address_ Without
`32898-5073, not
`rights under this contract, we may accept partial payments, vintsOut
`if you indicate that such payments
`righte, even
`prejudice to our
`represent payment in tui of your
`toe..
`14. GOVERNING LAW. Except es provided in the Resoting a Disputa wen
`this contract and your Loan are governed by federal
`law
`Arb&stion section,
`applicabie to a federal scAngs bank and, to the extent not preempted by
`lJtah, without regard to its conflicts of
`the laws of the state al
`federal
`law,
`law sections. Trite contract has been accepted bY ue in Utah.
`15. TELEPHONE MONITORNIG: To ensure That you receive accurate and
`courteous custor-er Servte, On occasion, your caA may be rnonlbred
`by our omployoes or agente and you agree to any such Monitoring.
`16. OBLIGATION REGARDINO UNIT: You understand
`that you are
`responsible, at your oxporiss, to keep the Uritt in good operefirg order,
`repat and condition. You alai not abandon the Unit or •areee the Unit ei
`tact
`than the address s
`i.
`edy addreeta other
`•wn
`on
`••
`li 4y.
`e Un.
`wtthout our written consort YOu
`.r assign
`ah.V
`n
`
`•
`
`•
`
`•
`
`-
`
`-
`
`—
`
`

`

`(Page 1.6F eciif 29,72018
`
`2:02PM
`
`No. 6197
`
`P.
`
`8
`
`any IMMO In h without our written consent For consumer transactions, ee
`defined co Page 1, you shall not use the Lint for
`retail or commercial
`the unit shell come
`purpcees. The security intermit you are giong us In
`anead of any other citim and you shell defend it as such. You agree to sign
`any additional documents or provide us with documentation we
`require to
`erieure our claim to the Unit is ahead of arry other claim. You agree tO Psy
`all Ira, texas, and assessments on the Unit.
`If you fall to do so, we may
`do so on your bailee. If we do, unless prohibited by epplIcieble lew, you will
`reimburee ue for the cost of doing BO or we may add the cost with intereat
`at tie highest awful contract rata to your Indebtedness.
`to sign and fie, on your
`17. POWER OF ATTORNEY: You authonze us
`certificate of ownersnip.
`statement et
`behalf, any
`titiog,
`finanOing
`anendrnert regarding the Unit to ensure Proper security Interest perfection
`or to obtain duplicate certificates of ownership.
`111. DEALER COMPENSATION: we rray compensate the seller tom whom
`you purchaeed the Unit
`In connection with the Dealer's
`(the 'Dealer")
`activities In facilitating the Loon contract.
`19. FINAL CONTRACT; NO WAIVER BY US; OTHER TERM& This contract is
`the final expression of the credit contract between you and os and may not
`be contradicted by evidence of any prke or contemporaneous oral volt
`contract between you and us. Any mo011icetion to this contract must be 0
`writing and eigned cr approved by us. We may decide not to impose part
`or all of any fee or other amount imposed pursuant to tit
`contract or not
`
`to exercise any of our other rights under this contract without affecting arty
`c4 our riots to ect or to avoid acting in the Mure. Without limiting the
`release any other person responsible
`foregoing, We may, at our option,
`this contract, without notng any other obligor arid wthout
`under
`this
`releasing you from your obligation tO Pay all amounts owing undo-
`contract In full or otherwise to perform the terms and corhionit of Thie
`contract. Every (Arum whO elgrve, co-signe, guarantees or endorsee this
`contract,
`to the fullest extent
`by appecable law, waives
`allowed
`pruentment, demand for payment, protest and note Of *honor. If any
`section of thS contrect 18 determined to be void or unenfOrCesbie under
`regulaticc, all other sections of this overact wit shil
`appicable Law, rule or
`be vend and enforceable.
`20. STATE NOTICES: NEW JERSEY RESIDENTS: Cortsin sections of
`thie Loon Contract ere subject to applicable law. As a
`result. they
`may be void, une0fortieeble or
`jurisdictions.
`Inapplicable In eome
`is void, unenforceable or
`these sections, however,
`None of
`inapplicable in New Jersey.
`ALASKA RESIDENT& If wur
`fest loan payment Is due more than 31 dap)
`the mount due as
`from the date the ban la made,
`the first payment
`the Payment Soheduis below wa be the same amount as t, the
`dscbsed
`fink Poymerit were due within 30 days.
`
`NOTICE
`ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL C