Filing # 148527483 E-Filed 04/27/2022 05:20:53 PM
`
`IN THE COUNTY COURT
`
`IN AND FOR PUTNAM
`COUNTY, FLORIDA
`CASE NO. 2022-SC-401
`DIVISION: ©
`
`DISCOVER BANK,
`Plaintiff,
`
`Vs.
`
`LISA K HALE
`Defendant(s)
`
`
`STATEMENT OF CLAIM
`
`The Plaintiff, DISCOVER BANK,(hereinafter “Plaintiff’) sues the Defendant(s), LISA
`K HALE(hereinafter “Defendant(s)’) and says:
`
`1. Plaintiffis a FDIC-insured Delaware State Bank.
`
`2. That this is an action for damagesthat does not exceed $8,000.00, exclusive ofinterest
`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. A record of the account statementis attached. See Exhibit B.
`
`6. 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.
`
`7. The Defendant(s) owes the Plaintiff $5,703.39.
`
`8. Plaintiff has performed all conditions precedent to bringing this action, or the same
`have been waived by the Defendant(s).
`
`Electronically Filed Putnam Case # 2022000401SCAXMX 04/27/2022 05:20:53 PM
`265461030599
`
`

`

`Wherefore, Plaintiff demands judgment in the amount of $5,703.39 against Defendant(s),
`plus post-judgmentinterest, and court costs to the extent permitted by applicable law.
`
`ZWICKER & ASSOCIATES,P.C.
`6 A at
`
`
`BRETT BURKETT, ESQ. FLORIDA BAR #98895
`RIC B. COOLEY, ESQ. FLORIDA BAR#111433
`
`VJAONATHAN TEKELL, ESQ. FLORIDA BAR #1018225
`
`KRISTINA LUNSFORD, ESQ. FLORIDA BAR #975680
`JORDAN ENCISO-MERRILL, ESQ. FLORIDA BAR #1021162
`LARRY B. ROBINSON,ESQ. FLORIDA BAR #124488
`JAHLYSA JENKINS, ESQ. FLORIDA BAR #119406
`ZWICKER & ASSOCIATES, P.C.
`A Law Firm Engaged in Debt Collection
`ATTORNEY FOR PLAINTIFF
`10751 DEERWOOD PARK BLVD
`SUITE 100
`
`JACKSONVILLE, FL 32256
`Phone: (904)997-2140
`Fax:
`(904)997-2151
`Email: FLORIDALITIGATION@ZWICKERPC.COM
`
`265461030599
`
`

`

`EXHIBIT A
`
`BICR
`
`

`

`DISC’
`
`
`®
`
`os
`
`
`EMEN
`
`
`CM.TL28K.LIN.0620
`
`Thank youfor choosing Discover® card. This Agreement explains the current terms and conditionsof your Account. The enclosedPricing Scheduleis part of this Agreement. Please read this Agreement, including
`the Pricing Schedule, carefully. Keep them for your records. Contactus if you have any questions. We have included a “Definitions”section for your reference on page 3.
`
`ACCEPTANCE OF AGREEMENT
`
`
`You accept this Agreementif you do not cancel your Account within 30 days after receiving a Card. Youalso accept this Agreementif you or an Authorized User use the
`Account. You may, however, reject the “Arbitration of Disputes” section as explainedin that section.
`
`CHANGES TO YOUR AGREEMENT
`
`Therates, fees and termsof this Agreement may change from timeto time. We may add or delete any term te this Agreement. If required by law, we will give you advance
`written notice of the change(s} and a right to reject the change(s}. We will not charge anyfee or interest charge prohibited bylaw.
`
`USING YOUR ACCOUNT
`
`
`Permitted Uses
`
`Authorized Users
`
`Joint Accounts
`
`Checks
`
`Credit Authorizations
`
`You may use your Account for Purchases, Balance Transfers and Cash Advances. You maynotuseit for illegal transactions.
`
`You may request additional Cards for Authorized Users to maketransactions on your Account. You mustnotify us if you wish to cancel the authority of an Authorized User
`te use your Account. You are responsible for all charges made by your Authorized Users.
`
`if your Accountis a joint Account
`® each of you agreesto be liable individually andjointly for the entire amount owed on the Account; and
`® any notice we mail to an address provided byeither of you for the Accountwill serve as notice to both of you.
`
`if weprovide you with Checks, wewill tell you whether we will treat the Check as.a Purchase, Balance Transfer or Cash Advance. You may not use these Checksto pay any
`ammount you owe us.
`
`We may not authorize a transaction for security or other reasons. We will not be liable to you if we decline to authorize a transaction orif anyone refuses your Card, Check
`or Account number.
`
`Credit Lines
`
`We will tell you what your Account credit line is. You must keep your Account
`balance below your Accountcredit line. If you do not, we may request immediate
`paymentof the amount by which you exceedit. We may establish a lowercredit line
`FEES(See yourPricing Schedule for AdditionalFees}
`
`
`for Cash Advances. We mayincrease or decrease your Account credit line or your
`Cash Advance credit line without notice. We may delay increasing your available
`credit by the amount of any payment that we receive for up to 10 business days.
`
`Late Fee
`
`Returned Payment Fee
`
`Wewill not charge a Late Fee thefirst time you do not make the Minimum Payment
`Due by the Payment Due Date. After that, if you do not pay the Minimum Payment
`Due by the Payment Due Date, we will charge you a Late Fee.The feeis $29,if you
`
`were not charged a Late Fee during anyofthe prior six billing periods, Otherwise,
`the fee is $40. This fee will never exceed the Minimum Payment Due that was due
`immediately prior to the date on which the fee was assessed.
`
`if you make a paymentthat is not honored by your financial institution, we will
`charge you a Returned Payment Fee evenif the payment is honored after we re-
`submit it. The fee is $29 if you were not charged a Returned Payment Fee during
`
`any ofthe prior six billing periods. Otherwise, the fee is $40. This fee will never
`exceed the Minimum Payment Due that was due immediately prior to the date on
`which the payment wasreturnedto us
`
`ANNUAL PERCENTAGE RATES(“APRs”)(See yourPricing Schedule for the APRs that apply to your Account)
`
`
`Variable APRs
`
`Your Pricing Schedule may include variable APRs, These APRs are determined by
`adding the numberof percentage points that we specifyto the Prime Rate. Variable
`APRs will increase or decrease when the Prime Rate changes. The APR change
`
`will take effect on the first day of the billing period that begins during the same
`calendar month that the Prime Rate changes. An increase in the APR will increase
`your interest charges and may increase your Minimum Payment Due.
`
`Penalty APR
`
`None
`
`MAKING PAYMENTS
`
`
`PaymentInstructions
`
`Minimum Payment Due
`
`©2020 Discover Bank, Member FDIC
`
`* You must pay in U.S. dollars. Please do not send cash. Sending cash is not
`allowed. All checks must be drawn on funds on deposit in the U.S.
`@ You must pay usfor all amounts due on your Account.This includes charges made
`by Authorized Users.
`* We may refuse to accept a paymentin a foreign currency. If we do acceptit,
`we will charge your Account our cost to convert it to U.S. dollars.
`«We can accept late payments, partial payments or payments marked
`“oayment in full” or with any other restrictive endorsement without
`losing any of our rights under this Agreement.
`
`We credit your payments in accordance with the terms contained on your
`billing statement,
`® if you mail your paymentto an address other than the address designated on your
`billing statement, there may be a delayin precessing and crediting the payment
`to your Account.
`# If a third party makes a payment on your Account and we returnall or a part of
`such payment, then we may adjust your Account for any amount returned, We
`reserve the right to defend ourselves against any demand to return funds we
`have received, and may agree to a compromise of the demanded amountas part
`of a settlement.
`
`You may pay the entire New Balance shown on your billing statement at any
`time. Each billing period you must pay at least the Minimum Payment Due by the
`Payment Due Date shown on yourbilling statement. The Minimum Payment Due
`will be any amount past dueplus the greater of:
`@ $35: or
`* 2% of the New Balance shown on your billing statement; or
`# $20, plus any of the following charges as shown on yourbilling statement: fees
`-1-
`
`for any debt protection product that youenrolledin on orafter 2/1/2015;Interest
`Charges; and Late Fees.
`The Minimum Payment Due may also include amounts by which you exceed
`your Accountcredit line. However,
`it will never exceed the New Balance. When
`we calculate the Minimum Payment Due, we may subtract from the New Balance
`certain fees addedto your Account during thebilling period. The Minimum Payment
`Due is rounded up to the nearestdollar.
`
`

`

`MAKING PAYMENTS
`
`How We Apply Payments
`
`including in a manner most
`We apply payments and credits at our discretion,
`favorable or convenient for us. In all cases, we will apply payments and credits as
`required by applicable law.
`
`Each billing period, we will generally apply amounts you pay that exceed the
`Minimum Payment Due to balances with higher APRs before balances with lower
`APRsasof the date we credit your payment.
`
`INTEREST CHARGES
`
`
`How WeCalculate Interest
`Charges—Daily Balance
`Method (including current
`transactions)
`
`Paying Interest
`
`We calculate interest charges each billing period by first figuring the “daily
`balance" for each Transaction Category. Transaction Categories include standard
`Purchases, standard Cash Advances and different promotional balances, such as
`Balance Transfers.
`
`How We Figure the Daily Balance for Each Transaction Category
`* We start with the beginning balance for each day. The beginning balance for
`thefirst day of the billing period is your balance on thelast day of your previous
`billing period.
`® We add anyinterest charges accrued on the previous day's daily balance and any
`newtransactions and fees, We add any new transactionsorfees as of the later of
`the Transaction Date or the first day of the billing period in which the transaction
`or fee posted to your Account.
`« We subtract any new credits and payments.
`
`@ We make other adjustments(including those adjustments requiredin the “Paying
`Interest” section}.
`How WeFigure Your Total Interest Charges
`@ We multiply the daily balance for each Transaction Category byits daily periodic
`rate, We dothis for each dayin thebilling period. This givesus the interest charges
`for each Transaction Category. To get a daily periodic rate, we divide the APRthat
`applies to the Transaction Category by 365.
`® We add upall the daily interest charges. The sum is thetotal interest charge for
`thebilling period.
`How We Include Fees
`We add Balance Transfer Fees to the applicable Balance Transfer Transaction
`Category. We add Cash Advance Fees to the applicable Cash Advance Transaction
`Category. We addall other fees to the standard Purchase Transaction Category.
`
`When Interest Charges Begin
`We begin to imposeinterest charges on a transaction,fee or interest charge from
`the day we addit te the daily balance. We continue to impose interest charges
`until you pay the total amount you owe us. You can avoid paying interest on
`Purchases as described below. However, you cannot avoid paying interest on
`Balance Transfers or Cash Advances.
`
`How to Avoid Paying Interest on Purchases (“Grace Period”)
`if you pay the New Balance on yourcurrent billing statement by the Payment Due
`Date shown on that billing statement, we will not impose interest charges on
`
`New Purchases. New Purchases are Purchasesthatfirst appear on the next billing
`statement. interest will continue to accrue each day on Purchases that appeared on
`previousbilling statements until you pay the New Balancein full and will be billed
`in the nextbilling cycle.
`How We Apply Payments May Impact Your Grace Period
`IF you do not pay your New Balancein full each month, then, depending on the
`balance to which we apply your payment, you may not get a grace period on
`new Purchases.
`
`OTHER IMPORTANT INFORMATION
`
`
`Default
`
`You are in default if:
`
`® youfile bankruptcyor anotherinsolvency proceeding is filed by you or against your
`® we have a reasonabiebelief that you are unable or unwilling to repay your
`obligations to us;
`* you die or are legally declared incompetent or incapacitated;
`
`® you fail to comply with the termsof this Agreement or any Agreement with us or
`an Affiliate, includingfailing to make a required payment when due, exceeding
`your Accountcredit line or using your Card or Accountfor an illegal transaction.
`if you are in default, we may declare the entire balance of your Account immediately
`due and payable without notice.
`
`Collection Costs
`
`Merchant Disputes
`
`Automatic Account
`information Updates
`
`Our Privacy Policy
`
`Credit Reporting Agency
`information
`
`Our Communications
`with You
`
`if we use an attorneyto collect your Account, we may charge you our legal costs as permitted by law. Theseinclude reasonable attorneys’fees,court or othercollection costs,
`and fees and costs of any appeal.
`
`if you have a dispute with a merchant, you may request a credit to your Account. If we resolve the dispute in your favor, we will issue a credit to your Account. You assign to us
`yourclaimfor the credited amount against the merchant and/or any third party. At our request, you agree to provide this assignmentin writing.
`
`You may set up automatic billing or store your Account information with an Affiliate,
`merchant, wallet provider, or other third party (“Permitted Party”),
`If you do, you
`authorize us to share your Account information, which may include your rewards
`account balance, with the Permitted Party, regarding the use of your Account. If your
`
`Account information changes, which mayinclude yourbilling address, you authorize us
`to provide this updated information to any such Permitted Party at ourdiscretion. You
`must contact the Permitted Party directly or remove your credit card information from
`the Permitted Party website if you wish to stop automatic billing or Account updates.
`
`We send you our Privacy Policy when you open your Account and annually.
`Contact us or visit Discover.com if you would like a copy. Please read it carefully.
`It summarizes:
`® the personal information wecollect;
`
`* how we safequard its confidentiality and security;
`® when it may be shared with others; and
`® how you can limit our sharingof this information.
`
`You authorize us to get information from credit reporting agencies and other sources
`for servicing or review of your Account, collection and any other use permitted bylaw,
`including to consideryoufor other products and services. We may report the status and
`paymenthistory of your Account to credit reporting agencies and other creditors. We
`
`normally report to credit reporting agencies each month. if you believe thatinformation
`wereported is inaccurate or incomplete, please write us at Discover, P.0, Box 30939,
`Salt Lake City, UT 84130-0939, Please include your name, address, home phone number
`and Account number.
`
`You agree that we,our Affiliates, and agents, including service providers (“Authorized
`Parties”) may contact you, including calls, text messageor email, about any current or
`future accounts or applications, with respect to all preducts you have with us at any
`phone numberor email (i) you have provided to us,(i) from which you contacted us,
`or (iii) which we obtained andbelieve we can reach youat, evenif your phone provider
`may charge you message anddata rates for calls or texts. You agree thatthe Authorized
`Parties may record or monitor anycalls between you and the Authorized Parties, You
`agree to notify us if you change or discontinue using any phone number youprovide.
`
`You agree that the Authorized Parties may contact you using an automatic dialer or
`pre-recorded voice message. If you nolonger wish to be contacted on your cell phone
`by an automateddialer or pre-recorded voice message, you must provide us written
`notice cancelling your consent at this address: Discover Bank,P.O. Box 30937,Salt Lake
`City, UT 84130-0937. The written notice must include: your name, mailing address,
`thelast four digits of your Account number and the specific cell phone number(s} for
`which you would like to cancel your consent to be contacted by an automated dialer
`or pre-recorded voice message.
`
`Unauthorized Use
`
`You mustnotify us immediately if
`® your Card is lost or stolen; or
`
`® you believe someoneis using your Account or a Card without your permission.
`
`

`

`Cancellation of
`Your Account
`
`You may cancel your Account. You will remain responsible for any amount you
`owe us underthis Agreement.
`@ Anyjoint Accountholder may cancel a joint Account. However, both of you will
`remain responsible for paying all amounts owed.
`
`@ We maycancel, suspend or not renew your Account at any time withoutnotice.
`
`
`OTHER IMPORTANT INFORMATION
`
`Purchases and Cash Advances
`in Foreign Currencies
`
`if you make a Purchase or Cash Advance in a foreign currency, we will convert
`it to U.S. dollars using a rate we choose. This rate will either be a government
`mandated rate, a government-published rate or the interbank exchange rate,
`
`depending on the country and currency in which the transaction is made. We
`use the rate in effect on the conversion date for the transaction. This rate may
`be different than the rate in effect on the Transaction Date forthe transaction.
`
`Governing Law
`
`This Agreementis governed by applicable federal law and by Delaware law. However, in the event you default and wefile a lawsuit to recover funds loaned to you, the
`statute of limitations of the state where the lawsuit is filed will apply, without regard to that state's conflicts of laws principlesor its “borrowing statute.”
`
`Severability
`
`Except as set forth in the “Arbitration” section, if anypart of this Agreementis foundto beinvalid, the rest ofit will still remain in effect.
`
`Enforcing this Agreement
`
`We may delay enforcing or not enforce any of our rights under this Agreement withoutlosing or waiving any of them.
`
`Assignment of Account
`
`We maysell, assign or transfer your Account or any portion of it without notice to you. You may notsell, assign or transfer your Account withoutfirst obtaining our prior
`written consent.
`
`MILITARY BORROWERS
`
`
`Statement of MAPR
`
`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 andhis 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: (1) the costs associated with credit
`insurance premiums;
`(2) fees for ancillary products sold in connection with the
`
`credit transaction; (3) any application fee charged (other than certain application
`fees for specified credit transactions or accounts); and (4) any participation fee
`charged (other than certain participation fees for a credit card account).
`If you
`would like more information about whether this section applies to you, please
`contact us at 1-844-DFS-4MiL (1-844-337-4645) anytime 24/7.
`If calling outside
`the U.S. you can contact us at +4-801-451-3730.
`
`Oral Disclosures
`
`Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call 1-844-DFS-4MIL (1-844-337-4645)
`anytime 24/7. If calling outside the U.S. you can contact us at +1-801-451-3730,
`
`CONTACT US
`
`
`Unless wetell you otherwise, you can notify us: © by phone at 1-800-347-3085 or ¢ in writingto Discover, P.O. Box 30943, Salt Lake City, UT 84130-0943.
`When writing, please include your name, address, home phone number and Account number. You must contact us within 15 days after changing your email address, mailing address or phone number.
`
`DEFINITIONS
`
`“Account” means your Discover card account.
`“Affiliate” means our parent corporations, subsidiaries and affillates.
`“Authorized User” means any person you authorize to use your Accountor a Card, whether you
`notify us or not.
`“Balance Transfer” means a balance transferred from another creditor to your Account.
`“Card” means any one or more Discovercards issued to you or someoneelse with your authorization.
`“Cash Advance” meansthe use of your Accountfor:
`® obtaining cash from participating automated teller machines,financial institutions or other
`locations; and
`® online gambling, or to purchaselottery tickets, money orders, casino chips, foreign currency or
`similar items.
`
`“Check” means any check we send to you to access your Account.
`“Pricing Schedule” means the documententitled, “Pricing Schedule,’ which lists the APRsthat
`apply to your Account and other importantinformation.
`“Prime Rate” meansthe highest rate ofinterest listed as the U.S. Primerate in the Money Rates
`section of the online Wail Street Journal (www.wsj.com) onthelast business day of the month.
`“Purchase” means the use of your Account to purchase or lease goodsorservicesat
`participating merchants.
`“We,” “us” and “our” refer to Discover Bank,the issuer of your Card.
`ib
`“You,
`your” or “yours”refer to you and any other person(s) who are also contractuallyliable
`under this Agreement.
`“Transaction Date” means the date shown on your billing statementfor a transaction or fee.
`
`ARBITRATION
`
`
`Agreement to Arbitrate. In the event of a dispute between you
`and usarising outof or relating to this Accountor the relationships
`resulting from this Account or any other dispute between you or
`us, including, for example, a dispute based on a federal or state
`statute or local ordinance ("Claim’)}, either you or we may choose
`te resolve the Claim by binding arbitration, as described below,
`instead of in court. Any Claim (exceptfor a Claim challenging the
`validity or enforceability of this arbitration agreement, including
`the Class Action Waiver) may be resolved by binding arbitration
`if either side requests it. THIS MEANS IF EITHER YOU OR WE
`CHOOSE ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO
`LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIALALSO
`DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
`
`Even if all parties have opted to litigate a Claim in court, you or
`we may elect arbitration with respect to any Claim made by
`a new party or any new Claims later asserted in that lawsuit.
`
`This arbitration agreement does not apply if, on the date you
`submit your Application or on the date we seek to invoke
`this arbitration agreement, you are a member of the Armed
`Forces or a dependent of such a member covered by the federal
`Military Lending Act.
`If you would like more
`information
`about whether you are covered by the Military Lending Act,
`please contact
`us at 1-844-DFS-4MIL (1-844-337-4645) or
`if you are calling from outside the U.S. at +1-801-451-3730.
`CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN
`INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY
`JOIN OR CONSOLIDATE CLAIMS
`IN ARBITRATION BY OR
`AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR
`ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER
`OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
`
`The arbitrator may award injunctive relief only in favor of the
`individual party seeking relief and only to the extent necessary
`to provide relief warranted by that party's individual Claim. The
`arbitrator may not awardclass, representative or public injunctive
`3.
`
`relief. Ifa courtdecides that applicable lawprecludes enforcement of
`anyof this paragraph’slimitationsas to a particular Claim for relief,
`thenafterall appeals from that decision have been exhausted,that
`Claim (andonly that Claim) mustbe severed from the arbitration and
`may be brought in court. Only a court, and not an arbitrator, shall
`determinethe validity, scope, and effect of the Class Action Waiver.
`Your Right to Go To Small Claims Court. We will not choose
`to arbitrate any individual Claim you bring in small Claims court
`or your state's equivalent court. However,
`if such a Claim is
`transferred, removed or appealed to a different court, we may
`then chooseto arbitrate.
`
`is
`Governing Law and Rules. This arbitration agreement
`governed by the Federal Arbitration Act ("FAA"). Arbitration must
`proceed only with the American Arbitration Association ("AAA").
`The rules for the arbitration will be those in this arbitration
`agreement and the procedures of the AAA, but the rules in this
`arbitration agreement will be followed if there is disagreement
`
`

`

`ARBITRATION
`
`between the agreement and the AAA's procedures. If the AAA's
`procedures change after the Claim is filed, the proceduresin effect
`when the Claim wasfiled will apply.
`For a copy of the AAA's procedures, to file a Claim or for other
`information, please contact the AAA at 1101 Laurel Oak Rd.,
`Voorhees, Ni 08043, www.adrorg (1-877-495-4185).
`if the AAA is completely unavailable, and if you and we cannot
`agree on a substitute, then either you or we may request that a
`court with jurisdiction appoint a substitute
`Fees and Costs. If you wish te begin arbitration against us but
`you cannot afford to pay the AAA's or arbitrator's costs, we will
`advance those costsif you ask us in writing. Any request like this
`should be sent to Discover, P.O. Box 30421, Salt Lake City, UT
`WE you lose the arbitration, the arbitrator will decide
`whether you must reimburse us for money we advanced for you
`for the arbitration. If you win the arbitration, we will not ask for
`reimbursement of money we advanced. Additionally, if you win the
`arbitration, the arbitrator may decide that you are entitled to be
`reimbursed your reasonable attorneys’ fees and costs (if actually
`paid by you).
`Hearings and Decisions. Arbitration hearings will take place in
`the federal judicial district where you live. A single arbitrator will
`be appointed. The arbitrator must:
`@ Follow all applicable substantive law, except when contradicted
`by the FAA:
`* Follow applicable statutes of limitations;
`® Honorvalid Claimsof privilege;
`# Issue a written decision including the reasonsfor the award.
`
`
`The arbitrator's decision will be final and binding except for any
`review allowed by the FAA. However,
`if more than $100,000 was
`genuinely in dispute,then either you or we may choose to appeal to
`a new panelof three arbitrators. The appellate panel is completely
`free to accept or reject the entire original award or anypart ofit,
`The appeal must be filed with AAA notlater than 30 days after
`the original award issues. The appealing party pays all appellate
`costs unless the appellate panel determines otherwise as part of
`its award.
`
`Claim Notice and Special Payment.If you have a Claim, before
`initiating an arbitration proceeding, you may give us written notice
`ofthe Claim ("Claim Notice") at least 30 days beforeinitiating the
`arbitration proceeding. The Claim Notice must include your name,
`address, and account number and explain in reasonable detail the
`nature of the Claim and any supporting facts. Any Claim Notice shall
`be sent to us at Discover, P.O. Box 794, Deerfield, {L 60015 for such
`other address as weshall subsequently provide to you). Hf, and only
`if, (1) you submit a Claim Notice in accordance with this agreement
`on your own behalf (and not on behalf of any other party}; and (2)
`an arbitrator, after findingin your favor in any respect on the merits
`of your Claim,issues you an award that (excluding anyarbitration
`fees or attorneys’ fees and costs awarded by the arbitrator) is
`greater than the value of Discover's last written settiement offer
`made before an arbitrator was selected, then you will be entitled to
`the amountof the award or $7,500, whicheveris greater. If you are
`entitled to the $7,500, you will receive in addition any arbitration
`fees or attorneys’fees and costs awarded by the arbitrator.
`Any arbitration award may be enforced (such as through a
`judgment) in any court with jurisdiction.
`
`Other Beneficiaries of this Agreement.In addition to you and
`us, the rights and duties described in this arbitration agreement
`apply to: our Affiliates and our and their officers, directors and
`employees; any third party co-defendantof a Claim subject to this
`arbitration agreement; and ail joint Accountholders and Authorized
`Usersof your Account(s).
`Survival of this Agreement. This arbitration agreement shall
`survive:
`
`@ closing of your Account;
`@ voluntary payment of your Accountor any part of it;
`® any legal proceedings to collect money you owe:
`# any bankruptcy by you; and
`® any sale by us of your Account.
`You Have the Right to Reject Arbitration for this Account.
`You may reject the arbitration agreement but only if we
`receive from you a written notice of rejection within
`30 days of your receipt of the Card after your Accountis
`opened. You must send the notice of rejection to: Discover,
`P.O. Box 30938, Salt Lake City, UT 84130-0938. Yourrejection
`notice must include your name, address, phone number, Account
`number and personal signature. No one else may sign the rejection
`notice for you. Your rejection notice must not be sent with any
`other correspondence. Rejection of arbitration will not affect
`your other rights or responsibilities uncer this Agreement.
`If
`you reject arbitration, neither you nor we will be subject to the
`arbitration agreement for this Account. Rejection of arbitration
`for this Account will not constitute rejection of any prior or future
`arbitration agreement between you and us.
`
`YourBilling Rights:
`Keep This Document For Future Use
`
`After we finish our investigation, one of two things will happen:
`@ [f we made a mistake: You will not have to pay the amountin question orany interest or other fees
`related to that amount.
`@ [f we do not believe there was a mistake: You will have to pay the amount in question, along with
`This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
`applicable interest and fees. We will send youa statementof the amount you owe andthe date
`
`WhatToDoIfYouFindAMistakeOnYourStatement
`paymentis due, We may then report you as delinquent if you do not pay the amount we think
`If you think there is an error on your statement, write to Usat:
`you owe.
`Discover
`P.O. Box 30421
`Salt Lake City, UT 84130-0421.
`You mayalso contact us on the Web: https://discover.com/billingerrornetice
`
`if you receive our explanation but still believe yourbill is wrong, you must write to us (or visit
`https./discover.com/billingerromotice) within 10 days telling us that you still refuse to pay. If you do so,
`we cannot report you as delinquent without also reporting that you are questioningyour bill. We rust tell
`you the name of anyone to whom we reported you as delinquent, and we must let those organizations
`know when the matter has beensettled between us.
`
`in your letter or on the Web, please give us the following information:
`* Accountinformation: Your name and account number.
`® Dollar amount: The dollar amount of the suspectederror.
`® Descriotion ofproblem: If you think there is an error on your bill, describe what you believe is wrong
`and whyyoubelieve it is a mistake.
`You must contact us:
`® Within 60 days after the error appeared on your statement.
`* By 5:00 P.M. ET on the date an automated payment is schecluled, if you want to stop payment on the
`amountyou think is wrong, You must notify us of any potential errors in writing or electronically. You
`may call us, but if you do we are not necessarily required to investigate any potential errors and you
`may have to pay the amountin question.
`
`What Will Happen After We Receive Your Letter or Web Submission
`
`Whenwereceive your written or electronic notice, we must do two things:
`1. Within 30 days of receiving yournotice, we must tell you that we received it. We will alsotell youif
`we have already corrected the error.
`
`2, Within 90days of receiving your notice, we musteither correct theerror or explain to you why we
`believe the bill is correct.
`
`While we investigate whether or not there has been an error:
`¢ We cannot try to collect the amountin question, or report you as delinquent on that amount.
`* The charge in question may continue to appear on your statement.
`@ While you do not have to pay the amountin question,you are responsible forthe remainderof
`your balance.
`* We can apply any unpaid amount against your credit limit.
`
`if we do not follow all of the rules above, you do not have to paythe first $50 of the amount you
`question evenif yourbill is correct.
`Your Rights if You Are Dissatisfied With Your Credit Card Purchases
`if you are dissatisfied with the goods or services that you have purchased with your credit card, and you
`have tried in good faith to correct the problem with the merchant, you may have the right not to pay the
`remaining amount due cn the purchase,
`To usethis right, all of the following must be true:
`1. The purchase must have been made in your homestate or within 100 miles of your current mailing
`address, and the purchase price must