FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 2
`
`NYSCEF DOC. NO.
`2
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-00023625
`
`
`INDEX NO. 2023-00023625
`
`
`
`
`RECEIVED NYSCEF: 10/05/2023
`RECEIVED NYSCEF: 10/05/2023
`
`A
`EXHIBIT
`EXHIBIT A
`
`
`
`SCR
`
`

`

`ran
`unrumemuer
`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`7 or
`agreemeru:
`Hilton
`Card
`Honors
`NYSCEF DOC. NO. 2
`Name:
`Cardmember
`$1,000
`Credit
`Limit:
`and
`Rates
`Fees
`
`DELORIMIER
`NELSON
`Advance
`Limit:
`(Cash
`Table
`
`$200)
`
`g
`
`m ui.
`i
`vot at isu£
`INDEX NO. 2023-00023625
`RECEIVED NYSCEF: 10/05/2023
`
`In:|1009
`Account
`Ending
`Bank
`American
`Express
`National
`
`issuer:
`
`Annual
`(APR)
`
`Percentage
`for Purchases
`
`Rate
`
`24J40
`
`This APR will vary with
`for any
`24.74%
`balance
`available.
`This APR will
`
`vary with
`
`based
`the market
`transfer
`requests
`
`on the Prime
`accept.
`we may
`
`Rate.
`
`Balance
`
`transfers
`
`are not
`
`the market
`
`based
`
`on the Prime
`
`Rate.
`
`25.24%
`This APR will
`
`vary with
`
`the market
`
`based
`
`on the Prime
`
`Rate.
`
`the market
`
`based
`
`on the Prime
`
`Rate.
`
`account
`
`if:
`
`or
`
`in determining
`
`whether
`
`or not
`
`to apply
`
`the
`
`APR for Balance
`
`Transfers
`
`APR for Cash
`
`Advances
`
`APR and When
`
`it
`
`Penalty
`Applies
`
`Paying
`
`Interest
`
`(Fixed
`
`Finance
`
`29.99%
`vary with
`This APR will
`to your
`This APR may
`be applied
`1) you make
`one or more
`late
`payments;
`2) your
`bank.
`payment
`is retumed
`by your
`We may
`your
`consider
`also
`creditworthiness
`APR to your Account.
`penalty
`APR Apply?
`If the penalty
`the Penalty
`How Long Will
`it will apply
`for
`APR is applied,
`6 months. We will
`your Account
`at
`least
`review
`6 months
`APR is
`after
`the penalty
`every
`applied.
`The
`APR will continue
`to apply
`until
`you
`with
`have made
`payments
`penalty
`timely
`no returned
`payments
`the 6 months
`reviewed.
`during
`being
`period. We will not charge
`Your
`due
`date
`is at
`least
`25 days
`after
`the close
`of each
`billing
`you
`interest
`on purchases
`entire
`if you
`pay each month
`your
`balance
`if you
`have
`a
`(or,
`date. We will begin
`plan
`your
`for plans)
`balance
`adjusted
`by the due
`outstanding,
`charging
`interest
`on cash
`advances
`and
`balance
`transfers
`on the transaction
`date.
`A monthly
`fee up to 1.33% of each
`purchase
`amount
`moved
`into a plan
`the APR that would
`otherwise
`to the purchase,
`and other
`duration,
`apply
`To learn more
`about
`to consider
`factors
`when
`or using
`applying
`the website
`of
`the Consumer
`Financial
`Protection
`Bureau
`at
`http://www.consumerfinance.gov/learnmore
`
`based
`factors.
`a credit
`
`on the plan
`
`card,
`
`visit
`
`for
`
`Plan
`Fee
`Charge)
`For Credit
`the Consumer
`Protection
`
`from
`
`Card
`
`Tips
`Financial
`Bureau
`
`Fee
`
`None
`
`$5 or 3% of
`Either
`not available.
`Either
`$10 or 5% of
`None
`
`the amount
`
`of each
`
`transfer,
`
`whichever
`
`is greater.
`
`Balance
`
`transfers
`
`are
`
`the amount
`
`of each
`
`cash
`
`advance,
`
`whichever
`
`is greater.
`
`Annual
`Transaction
`" Balance
`
`Membership
`Fees
`Transfer
`
`" Cash
`"
`Foreign
`
`Advance
`Transaction
`
`Fees
`Penalty
`"
`Late Payment
`" Returned
`Payment
`" Overtimit
`How we
`
`calculate
`
`Up to $40.
`Up to $40.
`None
`We use the Average
`Daily
`calculate
`interest
`section
`See Part
`2 for
`information
`
`method
`
`Balance
`2.
`in Part
`on how to exercise
`
`(including
`
`new transactions).
`
`See
`
`the How we
`
`your
`
`rights
`
`to dispute
`
`transactions.
`
`interest:
`
`Your
`
`Billing
`
`Rights:
`
`CMAENAOT0000025
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`1122693 1122658
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`Page 1 of 4
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`NYSCEF DOC. NO. 2
`Calculating
`APRs
`and DPRs
`
`RECEIVED NYSCEF: 10/05/2023
`rates is determined
`for variable
`The Annual Percentage
`an amount
`Rate ( APR)
`to
`by adding
`( margin)
`the Prime Rate (see Determining
`the Prime Rate in Part 2). The Daily Periodic Rate ( DPR)
`is 1/365th
`rounded
`to one ten-thousandth
`the APR,
`point.
`of a percentage
`
`of
`
`INDEX NO. 2023-00023625
`
`Rate Description
`Purchase
`Transfer
`Balance
`Cash Advance
`
`APR
`
`24.74%
`24.74%
`25.24%
`29.99%
`
`DPR
`
`0.0678%
`0.0678%
`0.0692%
`0.0822%
`
`+ Margin
`Prime
`Prime + 21.49%
`Prime + 21.49%
`Prime + 21.99%
`Prime + 26.74%*
`Penalty
`penalty APR will not exceed
`*The variable
`29.99%
`The penalty APR may apply
`to new transactions
`"
`least
`the Minimum Payment
`you do not pay at
`Due by the Payment
`Due Date on one or
`or
`more occasions;
`your payment
`is retumed
`
`"
`
`by your bank.
`
`We may also consider
`whether
`determining
`APR to your Account.
`
`your creditworthiness
`in
`or not
`to apply
`the penalty
`
`if:
`
`to a balance,
`If the penalty APR applies
`to charges
`added to that balance
`apply
`more days after we send you notice.
`We will
`review your Account
`every 6 months
`the penalty APR is applied.
`The penalty APR
`will continue
`to apply until you have made timely
`payments
`with no returned
`payments
`during the 6
`being reviewed.
`months
`
`it will
`15 or
`
`after
`
`ba ance, unless we tell you otherwise.
`This fee is on the Rates and Fees Table on page 1 of Part 1.
`on the plan duration,
`amount moved
`into a plan based
`Up to 1.33% of each purchase
`the APR that
`would otherwise
`to the purchase
`and other
`factors.
`This fee is a fixed finance
`charge
`amount(s),
`apply
`that will be charged
`each month that a plan is active. The dollar amount
`of your plan fee will be
`disclosed
`when you set up a plan. For more information,
`see About
`the Plan It Feature
`in Part 2 of your
`Cardmember
`Agreement.
`Up to $40.
`the fee is $29.
`Due Date,
`the Minimum Payment Due by its Payment
`receive
`If we do not
`If
`the late fee will not exceed
`this happens
`again within
`the next 6 billing
`the fee is $40. However,
`periods,
`the Minimum Payment
`Due. Paying
`late may also result
`in a penalty APR. See Penalty APR for new
`above.
`transactions
`Up to $40.
`If you make a payment
`it to your bank,
`time we present
`the first
`unpaid
`is returned
`the
`that
`fee is $29.
`If you do this again within
`the same billing period
`or the next 6 billing periods,
`the fee is $40.
`payment
`fee will not exceed
`the applicable
`Minimum Payment Due, A returned
`the returned
`However,
`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
`locations
`at one of our approved
`and the check
`unpaid. We will also charge
`you the unpaid
`amount.
`None. See Credit
`limit and cash advance
`limit
`in Part 2.
`it, and we do so.
`you ask us to re-open
`$25 if your Account
`is cancelled,
`3% of
`in a promotional
`if stated
`the transaction,
`with a minimum of $5. A different
`fee may apply
`or at the time of a transaction.
`This fee is a finance
`charge. We will add it to the same balance
`balance
`transfer.
`Balance
`are not available.
`transfers
`5% of the cash advance
`transaction
`fees charged
`(including
`minimum of $10. We will add this fee to the Cash Advance
`None
`2 and
`
`is retumed
`
`offer
`as the
`
`by the ATM operator,
`balance.
`
`if any), with a
`
`any
`
`supplements
`
`or amendments
`
`make
`
`up your
`
`Cardmember
`
`Agreement.
`
`APR for new
`Penalty
`transactions
`
`to a purchase
`
`We add fees
`Annual
`Plan
`
`Membership
`Fee
`
`Late Payment
`
`Returned
`
`Payment
`
`Returned
`
`Check
`
`Overlimit
`Account
`Balance
`
`Re-opening
`Transfer
`
`Cash Advance
`
`ForeigI
`
`Transaction
`Part
`
`1, Part
`
`CMAENAOT0000025
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`1122693 1122658
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`Page 2 of 4
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`NYSCEF DOC. NO. 2
`How Your
`Reward
`Works
`
`Program
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 10/05/2023
`
`"
`
`"
`
`"
`
`do NOT include:
`
`cards,
`or
`
`to sell
`
`their
`
`purchases
`Eligible
`"
`fees or interest
`charges,
`"
`balance
`transfers,
`"
`cash advances,
`"
`of traveler's
`purchases
`checks,
`"
`of prepaid
`or reloading
`purchases
`"
`of any cash equivalents,
`purchases
`"
`person-to-person
`transactions.
`a merchant
`uses a third-party
`or
`products
`or services;
`or
`uses a third-party
`to process
`a merchant
`submit
`your
`transaction
`to us (e.g., using mobile
`or wireless
`or
`card readers);
`using a third-
`to make a purchase
`you choose
`account
`or make a purchase
`party payment
`or digital wallet.
`using a mobile
`about additional
`on a
`For questions
`Points
`on the back of your
`the number
`call
`purchase,
`Card. Please
`visit americanexpress.com1
`about
`for more information
`rewards.
`rewards-info
`From time to time, we may make promotional
`offers of bonus Points. These offers
`include
`about how you can earn the bonus Points
`terms
`and when you can use them. These
`offer
`terms
`from the terms above
`may differ
`conceming
`Points eamed
`for eligible
`purchases
`to your Card
`about when you can use the
`Account,
`including
`Points.
`
`Hilton
`
`Honors
`
`American
`
`How you
`
`receive
`
`Points
`
`Card
`Express
`Points
`Bonus
`3 Hilton Honors
`You receive
`on
`for each dollar of eligible
`purchases
`(Points)
`Express Card (Card
`your Hilton Honors American
`for
`Account).
`are purchases
`Eligible
`purchases
`and services minus
`returns
`and other
`goods
`credits·
`
`How you receive
`Points
`additional
`
`of 7
`(a total
`Points
`4 additional
`You receive
`on
`purchases
`for each dollar of eligible
`Points)
`directly with a property
`your Card Account
`charged
`within
`the Hilton portfolio,
`
`(a total
`purchases
`
`of 5
`on
`
`"
`
`gas
`
`Points
`2 additional
`You receive
`for each dollar of eligible
`Points)
`your Card Account:
`"
`in the U.S.,
`located
`at restaurants
`"
`in the U.S.
`located
`at supermarkets
`clubs are not
`(superstores
`and warehouse
`considered
`and
`supermarkets),
`in the U.S.
`located
`on gasoline
`at gas stations
`and warehouse
`supermarkets
`(superstores,
`are not considered
`clubs that sell gasoline
`stations).
`on what
`based
`codes
`Merchants
`are assigned
`certain merchant
`sell. We group
`they primarily
`for additional
`codes
`into categories
`that are eligible
`will not
`Points. A purchase with a merchant
`receive
`code is not
`additional
`if the merchant's
`Points
`You may not
`included
`in a reward
`category,
`additional
`Points
`if we receive
`inaccurate
`receive
`or are otherwise
`unable
`your
`information
`to identify
`as eligible
`for a reward
`category.
`For
`purchase
`additional
`Points
`you may not
`receive
`example,
`when:
`
`You can view your Points balance
`by logging
`at americanexpress.com
`your online
`account
`your account
`page.
`summary
`viewing
`
`onto
`and
`
`When we transfer
`
`Points
`
`you receive
`the Points
`We transfer
`period
`in which
`you received
`them.
`
`to your Hilton Honors
`
`program account
`
`after
`
`the end of the billing
`
`up to 12
`account
`to your Hilton Honors
`from your Card will be posted
`received
`Hilton Honors Points
`at
`the
`or delinquent
`the end of your billing cycle. Your account must not be cancelled
`weeks
`after
`to Hilton Honors Terms
`time of fulfillment.
`Your Hilton Honors Points are subject
`and Conditions,
`HiltonHonors.comiterms.
`
`see
`
`you will
`
`forfeit
`
`When
`Points
`
`Due is not paid by the
`If the Minimum Payment
`period
`in which
`Payment Due Date of the billing
`you earned
`for
`forfeit
`the Points
`it is due, you will
`eligible
`during that billing
`period.
`For
`purchases
`if your billing
`period
`closes
`15
`example,
`January
`and the minimum payment
`for
`that billing
`period
`10, and you do not make
`is due on February
`that minimum payment
`due by the due date on
`then you will not eam Points
`for
`10,
`February
`purchases
`in the billing
`penod
`ending
`February
`
`15.
`
`those Points within
`the next 12
`You may reinstate
`if your Card Account
`billing periods
`is not past due
`and you pay a $35 fee.
`
`CMAENPSP0000241
`
`Page 3 of 4
`
`

`

`INDEX NO. 2023-00023625
`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`this
`Hilton Honors Silver
`You will
`Only the Basic Cardmember
`is eligible
`for
`receive
`Honors
`Hilton
`complimentary
`Status
`Express
`status with your Hilton Honors American
`made by
`eligible
`purchases
`upgrade;
`however,
`RECEIVED NYSCEF: 10/05/2023
`NYSCEF DOC. NO. 2
`Cardmembers
`Additional
`will contribute
`to the
`your
`Card.
`If your Card is cancelled
`for any reason,
`requirement.
`Hilton Honors Silver
`provided
`purchase
`status
`complimentary
`with the Card will be cancelled.
`
`take about
`It will
`eligible
`purchases
`Honors Gold status
`
`the total
`10 to 12 weeks
`after
`level
`is reached
`for your Hilton
`to become
`effective.
`
`is valid for
`Your upgrade
`the
`to Gold status
`in which
`it was earned
`calendar
`year
`and the
`calendar
`year. Your Gold status will
`subsequent
`that subsequent
`calendar
`year unless
`expire
`after
`total eligible
`purchases
`in that subsequent
`your
`calendar
`year again qualifies
`you for Gold status,
`or if you qualify
`for Gold status
`under
`the Hilton
`Honors
`program terms. Visit HiltonH onors.com/
`for more information.
`memberbenefits
`
`for Points after
`responsible
`they are
`We are not
`to your Hilton Honors
`program account.
`credited
`responsible
`We are also not
`of
`for the actions
`Hilton on your Hilton Honors
`program account.
`Hilton Honors membership
`and redemption
`of
`to Hilton Honors Terms
`Points are subject
`and
`Conditions.
`Visit HiltonHonors.com/terms
`for
`more information.
`
`to Hilton Honors Gold
`an upgrade
`You may receive
`made on your
`if the total eligible
`status
`purchases
`year
`reach $20,000
`Card Account
`a calendar
`during
`or more.
`
`A calendar
`regardless
`
`1 to December
`is from January
`year
`of when you open your Card Account.
`
`31
`
`Other
`things
`know about
`
`you should
`this
`program
`
`You will
`intended
`
`purchases
`receive Points only for eligible
`for personal,
`or household
`use.
`family
`the terms of this program at our
`We may change
`discretion.
`If you violate
`you
`or abuse this program,
`some or all of your Points.
`may forfeit
`
`CMAENPSP0000241
`
`Page 4 of 4
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`NYSCEF DOC. NO. 2
`Agreement
`Cardmember
`to Your
`of Changes
`Detail
`below.
`your Agreement
`as described
`This
`notice
`amends
`Any
`and conditions
`replaced.
`these
`changes
`are completely
`Terms
`call
`the number
`on the back
`of your Card.
`please
`questions,
`any
`
`and
`terms
`not changed
`
`conditions
`by this
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 10/05/2023
`
`in the Agreement
`continue
`notice
`
`with
`conflicting
`have
`If you
`to apply.
`
`About
`Effective
`Additional
`
`Additional
`
`Cardmembers
`Agreement
`the Cardmember
`2 of
`Part
`with
`the following:
`sub-section
`
`Immediately,
`Cardmembers
`
`is amended
`
`by replacing
`
`the last paragraph
`
`in the About
`
`About
`
`Additional
`
`Cardmembers
`
`to
`refer
`please
`for an Additional
`fee applies
`If an Annual
`Card,
`Membership
`of your
`sub-section
`your Account
`in the Closing
`disclosed
`the refund
`policy
`for a group
`fee applies
`If a single
`Annual
`Agreement.
`Cardmember
`Membership
`policy will apply when
`on your Account,
`you cancel
`the
`Cards
`this
`of Additional
`assessed.
`If an Annual
`fee
`Card
`on which
`the fee was
`Additional
`Membership
`on page
`2 of Part
`1 of
`to Additional
`on your Account,
`is shown
`Cards
`applies
`Cardmember
`Agreement.
`
`it
`
`the
`
`CMAEUDFYI000104
`
`Page 1 of 2
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 10/05/2023
`
`This
`
`page
`
`intentionally
`
`left blank.
`
`CMAEUDFYI000104
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`Page 2 of 2
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`NYSCEF DOC. NO. 2
`FDR 1122693
`Agreement:
`Cardmember
`Part
`2 of
`
`2
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 10/05/2023
`Doc 28549
`
`How Your
`
`American
`
`Express
`
`Account
`
`Works
`
`Introduction
`
`your Cardmember
`About
`Agreement
`
`Changing
`
`the Agreement
`
`we use in
`Words
`the Agreement
`
`together with Part 1 make up the
`This document
`Cardmember Agreement
`for the Account
`(Agreement)
`identified on page 1 of Part 1. Any supplements
`or
`are also part of the Agreement.
`amendments
`
`to applicable
`subject
`We may change this Agreement,
`legal or
`law. We may do this in response to the business,
`competitive environment. This written Agreement
`is a final
`expression of the agreement governing the Account. The
`written Agreement may not be contradicted
`by any alleged
`oral agreement.
`
`We cannot
`increase the interest
`except
`in limited circumstances.
`
`rate on existing balances
`
`We, us, and our 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 opened the Account. You
`and your also mean anyone who agrees to pay for this
`Account. You are the Basic Cardmember.
`You may
`request a card for an Additional
`Cardmember
`(see About
`Additional Cardmembers
`in Part 2).
`
`Card means any 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,
`fees and interest charges.
`balance transfers.
`
`(or you sign or keep the
`When you use the Account
`card), you agree to the terms of the Agreement.
`
`Changes to some terms may require 45 days
`advance notice, and we will tell you in the notice if
`you have the right
`to reject a change. We cannot
`change certain terms during the first year of your
`Cardmembership.
`
`A purchase
`is a charge for goods, services
`or
`person-to-person
`transactions. A cash advance
`is
`a charge to get cash or cash equivalents,
`including
`travelers cheques, gift cheques,
`foreign currency,
`money orders, digital currency, casino gaming chips,
`race track wagers, similar offline and online betting
`precious metal coins or bullion and
`transactions,
`digital precious metals products. A balance
`transfer
`is a charge to pay an amount you owe on another
`credit card account. A person-to-person
`transaction
`is a charge for funds sent
`to another person or a
`charge to add funds to your Amex Send Account.
`A plan is a portion of your account balance that you
`have selected to pay over time through a set number
`of monthly payments using Plan lt.
`To pay by a certain date means to send your payment
`so that we receive it and credit
`it to your Account by
`that date (see About your payments in Part 2).
`
`About
`
`Using
`
`using
`
`the card
`
`your
`
`card
`
`You may use the card to make purchases. At our
`discretion, we may permit you to create plans, make
`transfer
`cash advances or balance transfers. You cannot
`issued by us or our
`balances from any other account
`affiliates.
`
`"
`
`Promise
`
`to pay
`
`Credit
`advance
`
`and cash
`limit
`limit
`
`You agree to manage your Account so that:
`
`Version 1122693
`
`Page 1 of 10
`
`We may (but are not required to) tell these merchants
`and third parties if your expiration date or card
`number changes or if your account status is updated,
`including if your account
`is cancelled.
`If you do not
`want us to share your updated account
`information,
`please contact us using the number on the back of
`your card.
`
`Keep your card safe and don't
`let anyone else use it.
`If Your card is lost or stolen or your Account
`is being
`used without your permission,
`contact us right away.
`You may not use your Account
`for illegal activities.
`
`"
`
`You may arrange for certain merchants and third parties
`for
`to store your card number and expiration date, so that,
`example:
`"
`the merchant may charge your account at regular
`intervals; or
`you may make charges using that stored card
`information.
`including:
`You promise to pay all charges,
`"
`charges you make, even if you do not present your card or sign for the transaction,
`"
`charges that other people make if you let them use your Account, and
`"
`charges that Additional Cardmembers make or permit others to make.
`"
`your Account balance (including fees and interest)
`We assign a Credit Limit to your Account. We may make
`is not more than your Credit Limit, and
`part of your Credit Limit available for cash advances
`(Cash
`your cash advance balance (including fees and
`Advance Limit). There may also be a limit on the amount
`is not more than your Cash Advance
`interest)
`you can withdraw from ATMs in a given period. The Credit
`Limit.
`Limit and Cash Advance Limit are shown on page 1 of
`We may approve charges that cause your Account
`Part 1 and on each billing statement.
`balance to go over your Credit Limit.
`If we do this,
`We may increase or reduce your Credit Limit and Cash
`we will not charge an overlimit
`If we ask you to
`fee.
`Advance Limit. We may do so even if you pay on time and
`promptly pay the amount of your Account balance
`your Account
`is not n default"
`above your Credit Limit, you agree to do so.
`
`

`

`Declined
`
`transactions
`
`About
`
`the Plan
`
`It feature
`
`INDEX NO. 2023-00023625
`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`You agree to manage your Account so that
`the total
`transactions may not exceed the
`Your person-to-person
`on person-to-person
`Limits
`limit within any 30-
`RECEIVED NYSCEF: 10/05/2023
`NYSCEF DOC. NO. 2
`transactions
`in any 30-day
`of your person-to-person
`transactions
`$2,000 person-to-person
`transactions
`period do not exceed the limit on person-to-person
`day period.
`transactions.
`transaction
`We may not approve a person-to-person
`to exceed the person-to-
`it would cause your Account
`person transaction limit or your Credit Limit.
`is not in default. We are not
`and your Account
`responsible for any losses you incur if we do not
`authorize a charge. And we are not responsible if any
`the card.
`refuses to accept
`merchant
`Your abi(cid:25)ty to initiate plans will be based on a variety
`or your
`of factors such as your creditworthiness
`Credit Limit. You will not be able to initiate plans if
`is cancelled. You will also not be able
`your Account
`to initiate plans if one or more of your American
`Express accounts is enrolled into a debt management
`is returned unpaid,
`program, or has a payment
`that
`or is delinquent. We will tell you the number of active
`plans you may have and we may change this number
`at any time. The plan durations offered to you, and
`Your ability to include multiple qualifying purchases
`in a single plan, will be at
`or a qualifying amount
`our discretion and will be based on a variety of
`the purchase
`factors such as your creditworthiness,
`amount(s), and your Account history. You agree to
`manage your Account so that the total of your plan
`balances (including plan fees) is not more than your
`Credit Limit.
`
`if
`
`We may decline to authorize a charge. Reasons we may
`of
`do this include suspected fraud and our assessment
`This may occur even if the charge
`your creditworthiness.
`would not cause you to go over your Credit Limit
`which aÑows you to create a
`We may Mer youflar t
`payment plan for qualifying purchases or a qualifying
`to a plan fee. This fee is a fixed finance
`amount, subject
`charge that will be charged each month that a plan is
`active.
`You may use this feature by selecting qualifying purchases
`or a qualifying amount and a plan duration. You will be
`able to view the monthly plan payments,
`including the plan
`for your selection. Each plan fee wiD be disclosed
`fee,
`prior to your establishing the applicable plan and will be
`the APR that would otherwise
`based on the plan duration,
`apply to the purchase amount(s), and other factors, When
`the purchases or amount will be moved
`you set up a plan,
`to a plan balance and will be subject
`to a plan fee instead
`of the APR for purchases.
`A qualifying purchase for Plan It is a purchase of at least
`for Plan
`a specified dollar amount. A qualifying amount
`it is a specified portion of your balance. These qualifying
`purchases or a qualifying amount do not include: cash
`to Foreign
`purchases subject
`or cash equivalents,
`Transaction Fees, or any fees owed to us, including
`Annual Membership fees.
`
`About
`
`your
`
`payments
`
`When
`
`you must
`
`pay
`
`How to make
`
`payments
`
`How we apply
`and
`credits
`
`payrnents
`
`"
`
`the Minimum Payment Due by the
`You must pay at least
`Payment Due Date. The Minimum Payment Due and
`Payment Due Date are shown on each billing statement.
`Each staternent also states the time and manner by which
`you must make your payment
`for it to be credited as
`of the same day it is received. For your payment
`to be
`the
`considered on time, we must receive at least
`Make payments to us in U.S. dollars with:
`"
`a single check drawn on a U.S. bank, or
`"
`a single negotiable instrument clearable through the
`for example a money order, or
`U.S. banking system,
`that can be cleared through the
`an electronic payment
`U.S. banking system.
`When making a payment by mail:
`" make a separate payment
`for each account,
`" mail your payment
`to the address shown on the
`payment coupon on your billing statement, and
`" write your Account number on your check or negotiable
`instrument and include the payment coupon.
`If your payment meets the above requirements, we will
`it to your Account as of the day we receive it, as
`credit
`long as we receive it by the time disclosed in your billing
`statement.
`interest
`Your Account may have balances with different
`rates. For example. purchases may have a lower interest
`rate than cash advances. Your Account may also have
`If your
`plan balances which are assessed plan fees.
`rates, plan
`interest
`Account has balances with different
`balances, or plan fees, here is how we generally apply
`payments in a billing period:
`" We apply your payments, up to the Minimum Payment
`first to any plan amounts included in your
`Due,
`then to the balance subject
`Minimum Payment Due,
`rate, and then to balances subject
`the lowest
`interest
`rates.
`higher
`interest
`
`to
`to
`
`Version 1122693
`
`Page 2 of 10
`
`Plans cannot be cancelled after thev have been set
`up but you can choose to pay them early by paying
`the New Balance shown on your most recent billing
`in full.
`If you pay a plan off early, you will
`statement
`not incur any future plan fees on that plan,
`
`Minimum Payment Due in such time and manner
`by the Payment Due Date shown on your billing
`statement.
`Each statement also shows a Closing Date. The
`Closing Date is the last day of the billing period
`covered by the statement. Each Closing Date is about
`30 days after the previous statement's Closing Date.
`If we receive it after that
`time, we will credit
`the
`payment on the day after we receive it.
`If your payment does not meet
`the above
`there may be a delay in crediting your
`requirements.
`
`hn M m M M h f
`
`interest charges (see How Rates and Fees Work on
`page 2 of Part 1).
`
`We will not accept a payment made in a foreign
`currency or a payment drawn on an account at a
`bank located outside of the U.S
`
`If we process a late payment, a partial payment, or a
`that
`payment marked with any restrictive language,
`will have no effect on our rights and will not change
`this Agreement.
`" After the Minimum Payment Due has been paid,
`we apply your payments to the balance subject
`interest
`to the highest
`then to balances
`rate,
`to lower
`interest
`rates, and then to any
`subject
`plan balances.
`to the same balance
`In most cases, we apply a credit
`as the related charge. For example, we apply a
`for a purchase to the purchase balance, We
`credit
`may apply payments and credits within balances,
`and among balances with the same interest
`rate,
`If you receive a credit
`for a
`any order we choose.
`purchase placed into a plan, you must call us at the
`number on the back of your card to have the credit
`applied to the plan balance.
`
`in
`
`

`

`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`your
`About
`Minimum
`Payment
`Due
`NYSCEF DOC. NO. 2
`How we calculate
`Minimum
`Payment
`
`your
`Due
`
`To calculate the Minimum Payment Due for each
`billing statement, we start with the highest of:
`(1) Interest charged on the billing statement plus 1%
`of the New Balance (excluding any interest, penalty
`fees, overtimit amount, and plan balances); or
`(2) 2% of the New Balance (excluding any penalty
`fees, overlimit amount, and plan balances); or
`(3) S40.
`Then we add any penalty fees shown on the billing
`statement, up to 1/24th of any overtimit amount, any
`plan payment due, and any amount past due,
`Your Minimum Payment Due will not exceed your
`New Balance. You may pay more than the Minimum
`Payment Due, up to your New Balance, at any time.
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 10/05/2023
`
`EXAMPLE: Assume that your New Balance is $2,900
`is $29.57, and you have no active plans,
`interest
`overtimit amount. penalty fees, or amounts past due.
`(1) $29.57 + 1% multiplied by ($2,900 - $29.57) =
`$58.27
`(2) $58 (2% of $2,900)
`(3) $40
`The highest of (1), (2) or (3) is $58.27
`If your account has any active plans, overtimit
`amount, penalty fees, or amounts past due, your
`Minimum Payment Due will be higher.
`
`About
`
`interest
`
`charges
`
`When we charge
`
`interest
`
`How we calculate
`
`interest
`
`" You are not charged interest on purchases when
`you are in an Interest Free Period.
`" Your account enters an Interest Free Period when
`you pay your New Balance as shown on your
`statement by the Payment Due Date or your
`account had no previous balance.
`" When your account
`is not in an Interest Free
`Period, we charge interest on purchases from the
`
`"
`
`"
`
`If you have an active plan created through Plan 11,
`you can enter an interest Free Period by paying at
`the Balance Adjusted for Plans (or Adjusted
`least
`Balance) by the Payment Due Date.
`" Balance Transfers and Cash Advances will be
`from the date of the transaction
`charged interest
`and do not have an Interest Free Period.
`For more details about how we calculate your interest
`to rges see
`e How we calculate interest section of
`
`fter yo e te a I
`est Free Period again'
`nterest may appear on your next billing statement,
`This reflects interest charged from the beginning of
`that billing cycle through the date the payment was
`received.
`figuring the interest on each balance Different categories
`for a billing period by first
`We calculate interest
`have different
`interest
`rates. Balances within each
`transactions-such
`as purchases and cash advances-may
`category may also have different
`interest
`rates.
`We use the Average Daily Balance method
`to figure interest
`new transactions)
`(including
`interest charged
`charges for each balance. The total
`for a billing period is the sum of the interest charged
`on each balance.
`
`Daily Balance
`For each day a DPR is in effect, we figure the daily
`balance by:
`"
`taking the beginning balance for the day,
`"
`adding any new charges.
`"
`subtracting any payments or credits; and
`" making any appropriate adjustments.
`We add a new charge to a daily balance as of its
`transaction date.
`balance
`Beginning
`For the first day of a billing period,
`the beginning
`balance is the ending balance for the prior billing
`Including unpaid interest. For the rest of the
`period,
`the beginning balance is the previous
`billing period,
`day's daily balance plus an amount of interest equal
`to the previous day's daily balance multiplied by the
`DPR for that balance. This method of figuring the
`beginning balance results in daily compounding
`of
`interest.
`the new DPR may
`rate changes,
`When an interest
`just at the beginning of-
`come into effect during-not
`the billing period. When this happens, we will create
`a new balance and apply the new DPR to it. To get
`the beginning balance on the first day for this new
`balance, we multiply the previous day's daily balance
`by the old DPR and add the result
`to that day's daily
`balance.
`Other methods
`To figure the ADB and interest charges, we may use
`other
`formulas or methods that produce equivalent
`results. Also, we may choose not to charge interest on
`certain types of charges.
`
`Interest
`
`The interest charged for a balance in a billing period'
`for variations caused by rounding, equals:
`except
`" Average Daily Balance (ADB) multiplied by
`" Daily Periodic Rate (DPR) multiplied by
`"
`number of days the DPR was in effect.
`ADB
`To get the ADB for a balance, we add up its daily
`balances. Then we divide the result by the number
`If the
`of days the DPR for that balance was in effect.
`daily balance is negative, we treat
`it as zero-
`DPR
`of an APR,
`rounded to one
`A DPR is li365th
`of a percentage point. Your DPRs are
`tenthousandth
`shown in How Rates and Fees Work on page 2 of
`Part 1.
`
`EXAMPLE: Calculating
`Interest
`Assume that you have a single interest
`rate of
`15.99%, your ADB is $2,250 and there are 30 days in
`the billing period.
`The DPR is 15.99% divided by 365 days = 0.0438%
`is $2,250 multiplied by 0.0438%
`The Interest
`multiplied by 30 days = $29.57
`
`Version 1122693
`
`Page 3 of 10
`
`

`

`INDEX NO. 2023-00023625
`FILED: CLINTON COUNTY CLERK 10/05/2023 11:15 AM
`We use the Prime Rate from the rates section of The Wall Street Journal. The Prime Rate for each billing period
`the Prime Rate
`Determining
`the Closing Date of the billing period.
`is the Prime Rate published in The Wall Street Journalon
`RECEIVED NYSCEF: 10/05/2023
`NYSCEF DOC. NO. 2
`If it does not, we will use the Prime Rate
`The Wall Street Journal may not publish the Prime Rate on that day.
`no longer published, we may use the Prime
`If The Wall Street Joumalis
`from the previous day it was published.
`Rate frcrn any other newspaper of general circulation in New York, New York. Or we may choose to use a
`similar published rate.
`In that case, you may pay
`increase.
`If the Prime Rate increases, variable APRs (and corresponding DPRs) will
`more interest and may have a higher Minimum Payment Due. When the Prime Rate changes,
`the resulting
`changes to variable APRs take effect as of the first day of the billing period.
`
`Other
`
`important
`
`information
`
`Military
`
`Lending
`
`Act
`
`About
`Additional
`Cardmembers
`
`Converting
`foreign
`
`charges
`currency
`
`made
`
`in a
`
`Changing
`
`your
`
`billing
`
`address
`
`Closing
`
`your Account
`
`Cancelling
`Account
`
`or suspending
`
`your
`
`"
`
`"
`
`to members of the Armed Forces and their dependents
`law provides important protections
`Federal
`relating
`to a member of the Armed Forces
`the cost of consumer credit
`to extensions of consumer credits in general,
`and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must
`include, as
`insurance premiums:
`the costs associated with credit
`fees for
`or account:
`applicable to the credit
`transaction
`transaction; any app