FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 1 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`Exhibit
`
`C: Change
`
`in Terms
`
`Pkg Page 13 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 2 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`CHA5EO
`
`Chase Card Services
`PO Box 15519
`Wilmington
`DE 19850-5519
`
`Ms. Diane L Compani
`DIAMOND DI DAY CARE
`PO Box 448
`Hagaman, NY 12086-0448
`
`Southwest
`
`Rapid Rewards® Credit Card ending
`
`in 9041
`
`Important
`
`Changes
`
`to You r A eenunt
`
`Terms
`
`(if any) were assigned
`Program Agreement
`and assóciated
`Your Büsiñêss
`Rswârds
`Card Agrssmêñt
`Notice:
`to Chase Bank USA, N.A., on 05/18/2019.
`by merger
`Chase Bank, N.A., as successor
`JPMorgan
`Furthermore,
`beginning
`agreements
`account
`and any additicñal
`in your Guide
`to Benefits
`all
`isfêrsñces
`to Chase Bank USA, N.A.
`05/18/2019
`and documents
`shall be read as JPMorgan
`Chase Bank, N.A.
`
`to
`
`to your
`
`account
`
`terms
`
`êffêctivê
`
`08/11/2019.
`
`of
`
`your Business
`under
`calculation
`the Minimum Payment
`found
`obligâiicos
`to a r!r!rrr
`unique
`of $35 and to include
`paymsat
`
`est Rates and Fees
`Card Agroo
`in cóññêction
`with Flexible
`
`of changes
`Summary
`• The description
`Table
`is changing
`Financing Offers.
`• We are introducing
`from time to time,
`• A binding
`t!cñ provision
`arbit
`MUST MAIL YOUR REJECTION
`INSTRUCTIONS.
`• We've
`
`8
`
`o
`cl
`o
`
`E
`
`Q
`
`LoanSM, under which Flexible
`a new feature, My Chase
`Financing
`Card Agrssmêñt
`subject
`to the new rates and fees and Business
`
`Offers may be avs!!âb!÷
`below.
`terms
`described
`
`to you
`
`AGREEMENT.
`ARBITRATION
`is added. YOU CAN REJECT
`THE BINDING
`FOR
`SEE THE END OF THIS NOTICE
`PLEASE
`TO US BY 08/10/2019.
`
`YOU
`
`updated
`
`our mailing
`
`address
`
`for sêñdiñg
`
`certain
`
`types of notices
`
`and |ñqü|r|ss.
`
`Details
`
`on the changes
`
`to your
`
`account,
`
`effective
`
`08/11/2019
`
`1. Your Business
`
`Card AgrêGmêñt
`
`Rates
`
`and Fees Table
`
`is amsaded
`
`as follows:
`
`Revised
`
`Terms
`
`as of 08/11/2019
`
`Loan
`My Chase
`Annual
`Percentage
`Rate (APR)
`Interest
`
`Paying
`
`AND INTEREST
`INTEREST
`RATES
`CHARGES
`This APR will vary with the market based on the Prime Rate."
`18.24%.
`offers with fixed APRs and varying durations may be available from time to time
`Promotional
`on some accounts.
`Your due date will be a m|ñ:müm of 20 days after the close of each billing cycle. We will not
`charge you interest on new purchases
`if you pay your entire balance or Interest Saving Balance
`by the due date each month. We will begin charging interest on balance transfers and cash
`advances
`on the transaction
`date.
`
`ABOUT
`INFORMATION
`ADDITIONAL
`THESE CHANGES
`a
`Loan APR: We add 12.74 % to the Prime Rate to determ|ñê
`My Chase
`Loan APR. Variable
`the My Chase
`based on the highest U.S. prime
`rate published
`in the Money Rates
`section
`of The Wall Street
`Journaltwo
`days
`(not wsskêñds
`or federal
`your statsmsat
`before
`date. The U.S. prime
`rate is currently
`hc!!days)
`closing
`
`are
`
`APRs
`busiñêss
`5.50% as of
`
`SEE BACK OF PAGE for more important
`IS A DUPLICATE
`
`* THIS
`
`information about your account.
`
`COPY
`
`*
`
`CTE025
`
`|llll1111111111111
`
`.,..m.,.!:::;miliiilii
`
`Pkg Page 14 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 3 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`05/08/2019.
`
`The daily periodic
`
`rate is 0.04997%.
`
`of Minimum Paymêñt
`
`found
`
`under
`
`your Business
`
`Card Agreement
`
`Rates
`
`and Fees Table
`
`is changed
`
`to
`
`2. The descilpticñ
`read as follows:
`M!:!r:=
`Payment: We will ca!cu!ate
`1. Any past-due
`amounts;
`in cGññscticñ
`paymênt
`2. Any special
`obligaticñs
`number
`over a pre-sê|seted
`of billing
`balance
`
`the minimum payment
`
`as:
`
`PLUS
`
`with Flexible
`PLUS
`periods;
`
`Financing
`
`Offers which
`
`require
`
`ispaymsat
`
`of
`
`the
`
`3. The larger of:
`
`a. $35 (or total amount
`
`you owe if less than $35); or
`
`b. The sum of:
`
`the new balance
`i. 1% of
`ob!!gêt!Gñs
`to ensure
`interest
`ii. any periodic
`payment
`is ce!cu!ated.
`
`charges
`
`(excluding
`rspaymsñ‡
`
`any Flexible
`the bâ|ance
`
`of
`
`which
`special
`require
`Offer balances
`F|ñâñciñÿ
`number
`over a pre-selected
`of billing
`periods),
`your minimum
`for which
`and late fees we have billed you on the statemeñ‡
`
`paym:ñt
`PLUS
`
`o
`
`._
`
`co
`
`E
`
`8
`
`O
`
`3.
`
`IMPORTANT
`
`DEFINITIONS
`
`The Inipsitâñt
`D÷f:ñiticñs
`Interest Saving Balance
`TERM
`Interest Saving Balance
`
`Flexible
`
`Financing Offers
`
`-
`
`Card Agreement
`of your Business
`section
`as follows:
`and Flexible
`|~iñäñciñg Offers,
`WHAT IT MEANS
`
`is amêñdsd
`
`to include
`
`two new terms,
`
`of Flexible Financing Offers, we will not charge you interest on new
`When you take advantage
`if you pay your entire Interest Saving Balance by the due date each month.
`purchases
`If your
`Interest Saving Balance for any billing cycle is less than your minimum payment due, your
`Interest Saving Balance amount will reflect your minimum paymsat
`due to avoid a late fee.
`When you take advantage
`of Flexible Fiñañciñg Offers,
`like those &wa;|able with My Chase Loan,
`you can pay those balances over time based on their offer terms and still avoid additional
`interest
`charges on new purchases.
`
`4. USING YOUR CARD
`This is a new feature
`We are.adding My Chase Loan to your account.
`Financing Offers may be
`under which Flexible
`the Using Your Card section
`is amended
`of your Business Card Agreement
`availabls
`to you from time to time. Therefore,
`to include a new transaction
`type, My Chase Loan, as described
`your account
`is a business
`account
`below. Remember,
`and, along with all
`included
`like My Chase Loan, should be used for business
`and not
`for personal,
`transaoi;ûñs
`features,
`family or household
`purposes.
`
`OUR RESPONSIBILITY
`
`At our discretion, we may
`make My Chase Loan
`available to you; we may
`decline a My Chase Loan
`transaction
`for any reason.
`
`TRANSACTIONS
`
`-
`
`WHAT IT MEANS TO YOU
`If eligible, you may use the My Chase Loan feature to obtain cash for your
`business as an electronic depost
`into an eligible bank account held by a
`financial
`institution located in the United States by accepting a My Chase Loan
`include a My Chase Loan APR and the number of billing
`offer. Each offer will
`periods it will take to pay the My Chase Loan balance in full by making regular
`each monthly billing period.
`payments
`Your ability to create a My Chase Loan balance is based on a variety of
`your credit
`factors, such as your creditworthiñêss,
`limit, and your past account
`behavior. You will not be able to create a My Chase Loan balance if you enroll
`in a debt management
`program or if your account
`is closed or in default.
`I My Chase Loan transactions
`are not Cash Advances
`or Balance Transfers.
`My Chase Loan provides Flexible Financing Offers. Therefore, when you have
`a My Chase Loan balance on your account, we will not charge you interest on
`new purchases
`if you pay your entire Interest Saving Balance by the due date
`each month.
`
`5. PAYING US BACK
`
`Pkg Page 15 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 4 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`to You"
`• The second
`within the Paying Us Back
`Period on Purchases
`"What
`for the |ntsrést-Free
`it Means
`bullet under
`as follows:
`to include
`to Interest Saving Balance,
`is amandsd
`a referóñúè
`section of your Business Card Agrasmañt
`• Your account
`as shown on your
`period when you pay your New Balance
`or Interest Saving Balance,
`is in an intcrcst-free
`on new purchases.
`every month by the due date and time. During this period,
`you will not pay interest
`statement,
`to You" column
`• The 'What
`under
`the Paying Us Back section
`of your Business Card
`it Means
`for Payment
`Allocation
`to read as follows:
`Agreement
`is amended
`in its entirety
`• When you make a paymant,
`for any Flexible
`obligatics
`to the monthly
`generally, we first apply your minimum payment
`Financing Offer balances with special
`which require repayment
`of the balance
`over a pre-selected
`payment
`ob!!gdoms
`on your monthly
`statement with the lowest APR.
`and then to the balance
`number
`of billing periods,
`• Any payment
`on your monthly
`above your minimum paymsat would ganarâ!|y
`then be applied
`to the balance
`with the highest APR first.
`• If you do not pay your New Balance
`or Interest Saving Balance,
`on new purchases.
`charges
`may not be able to avoid interest
`• The PO Box address
`for Disputing
`Payments
`within the Paying Us Back section
`statement."
`replaced with "the Cardmember
`Service
`address
`shown on your billing
`
`as shown on your statement,
`
`in full each month,
`
`you
`
`of your Business Card Agreement
`
`is
`
`statement
`
`o
`
`o
`
`c0
`
`E
`
`8
`
`ci
`
`6. ABOUT OUR RELATIONSHIP
`• The PO Box address
`for Onmmmlicaticñs
`within the About Our
`Information
`and Credit
`its|äticñsilip
`is isplac6d with "the Cardmsmbar
`Business Card Agreement
`shown on your billing
`Service
`address
`• A new section titled Binding Arbitration
`of your Business Card Agrõõmsat
`is added to the About Our Relationship
`section
`as fòllows:
`
`of your
`section
`statement."
`
`IMPORTANT
`
`INFORMATION
`
`Binding
`
`Arbitration
`
`WHAT IT MEANS
`to ahMrata, disputes with us may be resolved by binding
`the agreemsat
`Unless you timely reject
`in a
`arbitration. With a±EmEen,
`you cannot go to court, have a jury trial or initiate or participate
`not a
`class action for your dispute(s) with us. In e±itration,
`disputes are resc|v6d by an e±Rreter,
`are simpler and more limited than rules applicable
`judge or jury, and procedures
`in court.
`for how to
`Please see the Albitrâ†|üñ Agreementsection
`including instructions
`for more details,
`reject
`the agreement
`to arbitrate.
`
`7.
`
`INTEREST
`
`CHARGES
`
`With the iñtreducticn
`of when we add transacticñs
`the description
`of My Chase Loan,
`within the Interest Charges
`of your Business Card Agreement
`section
`is amended
`'We add transactions
`and fees to your daily balance
`no earlier
`than:
`• For new purchases,
`or My Chase Loan-
`balance
`cash advances
`the date of the transaction.
`transfers,
`• For new cash advance
`-
`checks
`or balance
`transfer
`the check.
`checks
`the date the payee dspasits
`• Fees - either on the date of a related transaction,
`or the last day of the billing
`the date they are posted to your account,
`choose."
`cycle, whichever
`we may
`
`and fees to your daily balance
`as follows:
`
`8. ARBITRATION
`
`AGREEMENT
`
`A new section titled Arbitration
`
`Agrssméñt
`
`is hereby
`
`added to the end of the agreement
`
`as follows:
`
`ARBITRATION
`
`AGREEMENT
`
`PLEASE
`
`REVIEW-IMPORTANT-AFFECTS
`
`YOUR LEGAL
`
`RIGHTS
`
`This e±itret!en
`between
`that all disputes
`agreGinsñt
`by BINDING ARBITRATION
`you and Chase must be resc:vêd
`pravides
`vehsñGvêr you or we choose
`to submit or refer a dispute
`to arbitration.
`agreement
`this arbitration
`you GlVE UP
`By accept|ñÿ
`YOUR RIGHT TO GO TO COURT
`(except
`for matters
`that may be taken to a small claims
`on
`court). A±!tration
`will prccead
`an INDIVIDUAL
`so class actions
`and similar proceedings
`will NOT be evei!eb!e
`to you.
`BASIS,
`
`YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT
`TO ARBITRATION,
`SO PROMPTLY.
`If you do not reject
`this agreement
`to esisticn
`by 08/10/2019
`* In arbitration,
`* The procedures
`
`your
`
`rights will be dotsñ-ñ|ñcd
`in arbitration
`are simpler
`
`by a NEUTRAL
`ARBITRATOR
`and NOT A JUDGE OR JURY.
`and more limited than rules applicable
`in court.
`
`BUT IF YOU WISH TO REJECT IT, YOU MUST DO
`in the manner set forth below,
`then:
`
`Pkg Page 16 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 5 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`* Arbitrator
`
`decisions
`
`are subject
`
`to VERY LIMITED REVIEW BY A COURT.
`
`as provided
`
`below by 08/10/2019,
`
`you or we may elect
`
`to resolve
`
`"you"
`
`and
`of
`
`and to the extent
`to legal
`recourse
`under
`
`to file and pursue
`a Claim in a small claims
`on an individua!
`basis.
`to arbitrate
`that are made after we receive your
`
`If you do not
`this agreement
`reject
`any Claim by arbitration.
`or
`user on your account,
`to arbitrate,
`For purposes
`of this agreement
`or authorized
`includes
`any co-applicant
`you; and "we" or "us"
`JPMorgan
`Chase Bank, N.A. and
`through
`with you or claiming
`includes
`anyone
`else connected
`Chase Bank USA, N.A., all of their parents,
`and related
`subsidiaries,
`employees,
`successors,
`predecessors,
`affiliates,
`or entities and all
`of us in connection
`with the account,
`persons
`third parties who are regarded
`as agents or representatives
`or the subject matter of the claim or dispute
`at
`issue.
`in any way to your account,
`any prior account,
`All claims or disputes
`between
`you and us about or relating
`your business
`or our
`card agiêsmêñt,
`card agreement
`with us (including
`any prior business
`any future amendments),
`are
`relationship
`to as "Claims"
`for example,
`referred
`for purposes
`of this agrêêñient
`to arbitrate. Claims
`claims or disputes
`include,
`arising
`or fees assessed
`from or relating in any way to transactions
`your account;
`on your account;
`any interest,
`charges,
`involving
`or programs
`related to your account;
`related to your account;
`and any collection
`or
`any communications
`any service(s)
`credit
`of your account. Claims
`claims or disputes
`arising from or relating
`in any way to advertising
`also include
`rep0rtiñÿ
`or the applicaticñ
`of your account. Claims are subject
`to arbitration
`or establishment
`regardless
`solicitations,
`for, approval,
`law or equity, or whether
`whether
`they are based on contract,
`common
`they seek legal or equitable
`tort, statute,
`regulation,
`exist, or may arise in the future.
`to arbitration
`whether
`they arose in the past, may currently
`remedies.
`All Claims are subject
`Arbitraticñ
`will apply even if your account
`you pay us in full any outsiâñding
`is closed,
`sold, or assigned;
`debt you owe; or
`you file for bankruptcy.
`In the event
`that your account
`is sold and/or assigned, we retain our
`right
`to elect arbitration
`of Claims
`by you and you retain your
`to elect arbitration
`of Claims
`right
`by us.
`* If you are cov6rsd
`then you are not bound by this arbitration
`by the Military
`agreement,
`Lending Act,
`a waiver of the right
`in this agreement
`required
`by the Military
`will be deemed
`Lending Act, nothing
`any otherwise
`applicable
`provision
`of state or federal
`law.
`The only other exception
`to the arbitration
`requirement
`is that you have the right
`court
`instead of arbitration
`if the Claim is in that court's
`jurisdiction
`and proceeds
`If you initiate a Claim in arbitration,
`to the terms of this agracmañt
`no changês
`Claim will apply to that Claim.
`This agreement
`to arbitrate
`is governed
`
`by the Federal Arbitration
`
`Act, 9 U .S.C. §§ 1 et seq.
`
`reject
`
`this agreement
`
`Can I (the customer)
`Yes. You have the right
`than 08/10/2019.
`if you notify us no later
`this agreement
`to reject
`You must do so in
`to arbitrate
`and include your name, account
`this agreement
`writing by stating that you reject
`and perscñal
`to arbitrate
`address
`number,
`Your notice must be mailed to us at P.O. Box 15298, Wilmington,
`DE 19850-5298.
`signature.
`Rejection
`notices
`sent
`to any
`other address,
`or sent by electronic mail or communicated
`orally, will not be accepted
`or effective.
`
`to arbitrate?
`
`What about
`
`class
`
`actions
`or
`actions?
`representative
`on behalf of other, similarly
`seek to bring lawsuits
`sometimes
`Individuals
`situated
`action. Class actions,
`other similar
`and consc|idation
`representative
`procedures,
`under
`are not available
`this agreement
`in arbitraticñ
`to arbitrate. Claims
`account)
`you may not
`join your claims with other persons
`on other accounts
`Additionally,
`his or her own claims
`separately.
`UNLESS YOU REJECT
`THIS AGREEMENT
`YOU AND WE ARE WAlVING
`TO ARBITRATE,
`OR PARTICIPATE
`IN A CLASS ACTION, OR ANY REPRESENTATIVE
`OR CONSOLIDATED
`OR IN ARBITRATION.
`The arbitrator
`shall have no authority
`to entertain
`any Claim as a class action or on any other similar
`representative
`basis,
`nor shall
`the arbitrator
`to consolidate
`have any authority
`Claims
`for claimants
`brought
`claimants
`(except
`by separate
`on the
`same account).
`To be clear,
`this means
`that
`the arbitrator
`also shall have no authority
`to make any award for the benefit of,
`or against,
`any person other
`than the individual who is the named
`If these terms prohibiting
`party.
`or
`class,
`represâñtative,
`consolidation
`procedures
`are held to be legally unenforceable
`for any reason with respect
`then the Claim must be
`to a Claim,
`handled
`through
`litigation
`instead
`in court
`of by arbitration.
`
`This is often called a class
`individua!s.
`of Claims
`(except
`for claimants
`on the same
`will proceed
`only on an individual
`basis.
`in the arbitration;
`each person must arbitrate
`
`THE RIGHT TO ASSERT
`PROCEEDING
`IN COURT
`
`o
`
`E
`8
`
`How does
`
`arbitration
`
`work?
`
`from a lawsuit
`is different
`Arbitration
`in state or federal
`court. Arbitraticñ
`is conducted
`that specialize
`ciganizaticñs
`by private
`in alternative
`dispute
`and is conducted
`before a neutral arbitrator
`of a judge or jury. Arbitration
`instead
`resolution,
`procedures
`simpler
`are generally
`and more informal
`than court procedures.
`is more limited in arbitration
`For example,
`than in
`discovery
`court. Also, arbitrator
`decisions
`are subject
`to only limited review by courts. As discussed
`certain
`rights that you may
`above,
`attorneys'
`have in court are not available
`in arbitration.
`At
`the same time,
`in arbitration
`you are entitled
`to recover
`fees from us
`to the same extent as you would be in court.
`
`Pkg Page 17 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 6 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`Services
`and Med!ation
`the party filing a Claim must select either Judicial Arbitration
`to asitrats,
`this agreement
`Under
`these
`You can learn more about
`Arbitration
`administrator.
`("AAA") as the arbitraticñ
`or the American
`Association
`("JAMS")
`online, at the addresses
`its code of procedures
`in effect
`provided
`below. Each of these organizations
`will apply
`organizations
`claim is filed.
`If there is a conflict bstwsañ
`that code of procedures
`provision
`and this arbitraticñ
`at the time the arbitration
`In the event
`that JAMS
`of this agrêêmêñt,
`and/or any secticñs
`this arbitration
`provision
`and/or
`this agreement
`will control.
`by a neutral
`then the matter
`shall be arbitratêd
`instead
`or the AAA is unable or unwilling
`to handle the Claim for any reason,
`by agreement
`cannot
`of the parties
`in accordance
`with the
`arbitrator
`selected
`if the parties
`selected
`by a court
`agree,
`(or,
`Federal Arbitration
`Act).
`law. The arbitrator
`will decide the Claim under app!!cab!e
`A single arbitrator
`administrator
`by the arbitration
`designated
`that
`issues
`except
`to arbitrate.
`bound by the terms of this agreement
`issues are for the arbitrator
`to decide,
`All
`relating
`and validity of this arbitration
`agreemênt
`are for a court
`to decide.
`to the scope, enforceability,
`formation,
`interpretaticñ,
`and
`The arbitrator will honor all claims of privilege
`to the prohibition
`by law. Subject
`on class,
`recognized
`representative,
`or other
`the arbitrator will have the power
`forth above,
`to award to a party any damages
`consolidation
`preedures
`set
`relief
`is, a party will be entitled to recover
`or other
`relief provided
`for under éppiébis
`law. That
`in arbitratica
`any damages
`that
`it could recover
`if it prevailed
`in a court procaeding
`as an individual. No arbitrat!éñ
`award or decision will have any
`proceedings
`the Claims at
`issue. The arbitrator's
`effect on issues or claims
`in any subsequent
`beyond
`preclusive
`authority
`or relief only to you, but not
`to or on behalf of
`limited to claims bstwass
`you and us, and the arb|tratcr
`can award damages
`anyone
`else.
`Although
`under some laws we may have a right
`will not seek such an award.
`solely on the basis of
`the arbitration will be conducted
`or less, you may choose whether
`If your Claim is for $10,000
`take place in the federal
`hearing will
`or in an in-person
`through
`hearing. Any in-person
`a telephonic
`documents,
`hearing,
`judicial
`district
`that
`your address
`at the time the Claim is filed, unless the parties agree to a different
`place.
`includes
`
`is
`
`is
`
`to an award of attorneys'
`
`fees and expenses
`
`if we prevail, we agree that we
`
`Is the arbitrator's
`
`process?
`
`decision
`final?
`an appeal
`Is there
`award shall consist
`decision will be final and binding
`on the parties. An arbitrator's
`The arbitrator's
`shall also set
`setting forth the dispositicñ
`of each Claim. At
`the request
`of any party,
`the arbitrator
`of
`on which the award is based.
`the essential
`findings
`and conclusions
`A party can file a written appeal
`to the arbitration
`administrator
`within 30 days after an award is issued. The appeal will
`before a panel of three neutral
`That panel will
`proceed
`arbitrators
`designated
`administrator.
`by the same arbitration
`consider
`all
`legal and factual
`issues anew, and make all dêcisicas
`vote based on the documents
`and awards
`by majority
`and arbitr
`t!ón record without
`a hearing. Any review by a court shall be governed
`by the Federal Arbitration
`Act. Any final
`arbitration
`award will be binding
`on the named
`parties and eñicrceable
`by any court having jurisdiction.
`
`of a written statement
`forth a written explanation
`
`for costs?
`Who will pay
`to be paid by us under
`We will pay any costs that are required
`Even if not
`rules of procedure.
`administrator's
`the arbitration
`you up to $500 for any initial arbitraticñ
`otherwise
`required, we will
`reimburse
`filing fees you have paid. We will also pay
`any fees of the a±!trator
`and arbitration
`If you win the arbitration,
`admiñistrator
`for the first
`we will
`two days of any hearing.
`you for any fees you paid to the arbitration
`reimburse
`All other
`organization
`and/or arbitrator.
`fees will be allocateü
`acccrding
`to the arbitration
`administrator's
`rules and app!!cab!e
`If you consider
`that you are unable to afford any fees that would
`law.
`be yours to pay to the arbitration
`you may request
`your
`them, and we will consider
`that we pay or reimburse
`administrator,
`request
`in good faith.
`You may represent
`or you may be represented
`in arbitratics,
`yourself
`for your own attorneys'
`responsible
`fees and costs.
`
`above,
`
`you will be
`
`by a lawyer. Except as described
`
`o
`
`O
`
`o
`
`o
`O
`
`3:
`
`O
`
`How do I (the customer)
`file an arbitration
`claim?
`Rules and forms may be obtained
`from, and Claims may be filed with, JAMS at (800) 352-5267
`or jamsadr.com;
`the AAA at (877) 495-4185
`or www.adr.org.
`Both of these administrators
`have particular
`rules for arbitrations
`by a consumer.
`
`or
`initiated
`
`Pkg Page 18 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 7 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`CHA5EO
`
`Chase Bank USA, N.A.
`PO Box 15519
`Wilmington
`DE 19850-5519
`
`Ms. Diane L Compani
`DIAMOND DI DAY CARE
`PO Box 448
`Hagaman, NY 12086-0448
`
`Southwest Rapid Revvard
`
`credit card ending in 9041
`
`We're making
`to standardize
`
`Terms
`Change
`Account
`to Your
`Important
`as described
`the fee on your account
`below. We're
`Agrõêrñõñt
`to your Cardmember
`a change
`changing
`who have the same type of account.
`This change
`takes effect 02/27/19.
`terms
`for cardmernbers
`
`Rejecting
`02/26/19
`Wilmington,
`you reject
`responsible
`
`but you must contact
`in the Revised
`Terms
`this change
`to reject
`You have the right
`change:
`this
`table,
`or write to us at Cardmdmber
`PO Box 15098,
`if you want
`to do this. Call us at 1-800-346-5538
`Services,
`If
`with us over TTY at 1-800-955-8060.
`you can communicate
`If you're
`hard of hearing,
`DE, 19850-5098.
`and you will not be able to use it for new transactions.
`You will still be
`this change, we will close your account
`is paid in full.
`until your balance
`payments
`for making müñtiily
`
`us by
`
`8
`
`0
`
`LU
`
`Late Payment Fee
`
`$39
`
`Information
`Additional
`Late Payment
`Fee:
`
`you a late fee of $39.
`
`This Change
`About
`If any payment
`is late, we may charge
`in the Revised
`described
`to your Cardmember
`Agreement:
`The change
`and replaces
`Ayreerñcnt
`sections
`of
`this notice amends
`your Cardmember
`in this notice ccatiñüê
`to apply.
`of your account
`apply. Any terms
`not described
`
`Amendment
`Inforrñaticñ
`
`currently
`
`Terms Summary
`the corresponding
`
`and Additiüñal
`that
`terms
`
`* THIS
`
`IS A DUPLICATE
`
`COPY
`
`*
`
`cTE020
`
`Pk9Page
`
`19 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 8 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`8
`
`- --
`
`Pkg Page 20 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 9 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`CHA5E
`
`O
`
`Chase Bank USA, N.A.
`PO Box 15519
`DE 19850-5519
`Wilmington
`
`Ms. Diane L Compani
`Diamond Di Day Care
`PO Box 448
`Hagaman, NY 12086-0448
`
`Southwest Rapid Rêwards® credit card ending in 9041
`
`changes
`We are making
`below because
`described
`the changõs
`of
`summary
`These
`changes
`
`will
`
`Terms
`Changes
`Account
`to Your
`Important
`Rates
`Perc6ñtãÿõ
`the Annual
`to your Cardmember
`We are changing
`Agiccment.
`(APRs)
`Below is a
`accüüñts.
`offer on similar
`your APRs
`are below the lowest APRs we currently
`take effect 04/27/18.
`being made to your account
`terms. All changes
`your
`account
`impact
`as follows:
`
`as
`
`Trarwinns
`transactions.
`
`made on or after 04/27/18:
`
`As of 04/27/18,
`
`changes
`
`to the APRs
`
`described
`
`below will apply
`
`to these
`
`o
`
`o
`
`C
`.O
`
`E
`
`o
`
`i:
`
`O
`
`The current APRs will continue
`
`to these transactions.
`
`Transactisñs
`
`made before
`
`04/27/18:
`
`to apply
`to reject
`If you want
`table.
`Terms
`in the Revised
`to reject
`You have the right
`the changes
`changes:
`them,
`Rejecting
`P.O. Box 15098,
`or write to us at Cardmember
`Call us at 1-800-346-5538
`us by 04/26/18.
`you must contact
`Services,
`these
`If you reject
`1-800-955-8060.
`You can also reach us at our TTY number:
`DE, 19850-5098.
`chañges,
`Wilmington,
`You will still be
`for new transactions
`and your account will be closed.
`you will not be able to use your account
`paym&ñts
`until your balance
`is paid in full.
`for paying monthly
`responsible
`
`Revised
`
`Terms
`
`as of 04/27/18
`
`Purchase APR
`
`17.24% This APR will vary with the market
`
`based
`
`on the prime rate.
`
`ance Transfer
`
`APR
`
`17.24% This APR will vary with the market
`
`based
`
`on the primÅate.
`
`Infor=tha
`
`These Changes
`About
`Additional
`4.50% as of 01/20/18)
`Rate: Variabis
`APRs
`on the highest U.S. prime rate (currently
`are based
`Rates/Prime
`Variable
`of The Wall Street
`or federal
`section
`in the Money Rates
`Joumaltwo
`business
`days
`(not waskêñds
`published
`hclidays)
`date. Any new rate will be applied
`cycle during which the
`before
`your
`:t:::::nt
`as of
`the first day of your billing
`closing
`The APR discicsad
`in this notice
`rate has changed.
`since
`rate has châñged
`is 17.24% as of 01/20/18.
`If the prime
`prime
`rate may be different.
`that date, your
`
`Purchase
`Transfer
`
`APRs: We add 12.74% to the prime rate to determine
`Transfer
`and Balance
`the Purchase
`and Balance
`rate 0.08217%).
`Maxirñüm APR 29.99% (daily periodic
`(daily periodic
`rate currently
`APRs
`0.04723%).
`
`Agreement:
`to your Cardmember
`and
`Amendment
`Terms Summary
`in the Rõvisõd
`described
`The changes
`of
`this notice
`amend
`Additicña|infórñiaticñ
`sections
`and replace
`your Cardmember
`Agreenióñt
`the corresponding
`of your account
`that currently
`apply. Any terms
`not described
`in this notice continue
`to apply.
`
`terms
`
`ACT NOTICE
`CREDIT OPPORTUNITY
`EQUAL
`Act prohibits
`The Federal Equal Credit Opportunity
`
`creditors
`
`from d!ec
`
`.:t!ng
`
`against
`
`credit
`
`applicants
`
`on the basis of
`
`SEE BACK OF PAGE for more irsportant
`IS A DUPLICATE
`* THIS
`
`information
`
`about your account.
`
`COPY
`
`*
`
`cTE019
`
`Pkg Page 21 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 10 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`the applicant
`that
`age (provided
`national
`sex, mantal
`status,
`ongin,
`race, color,
`religion,
`all or part of
`from any public
`income
`derives
`the applicañt's
`because
`contract);
`binding
`Credit Pict÷cticñ
`the Consumer
`any right under
`the applicant
`has in good faith exercised
`of Coñsuryer
`with this law ccñcéñ
`ing this creditor
`camp!!sice
`is the Bureau
`administors
`Street NW, Washington,
`DC 20006.
`
`to enter
`into a
`has the capacity
`or because
`assistance
`program;
`Act. The Federal
`that
`agency
`1700 G
`Financial
`Pratactica,
`
`O Eo Q
`
`Pkg Page 22 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 11 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`CHA5EO
`
`Chase Bank USA, N.A.
`PO Box 15519
`Wilmington
`DE 19850-5519
`
`Ms. Diane L Compani
`Diamond Di Day Care
`PO Box 448
`Hagaman, NY 12086-0448
`
`Southwest Airlines® Rapid Rewards® credit credit card ending in 9041
`
`Important
`
`Changes
`
`to Your
`
`Account
`
`Terms
`
`Annual
`Cash Advance
`Percentage
`Rate (APR)
`
`.
`
`25.24% This APR will vary with the market
`
`based
`
`on the prime rate.
`
`Balance
`
`Transfer
`
`Fee
`
`Either $5 or 5% of
`
`the amount
`
`of each transaction,
`
`vvhichever
`
`is greater.
`
`Add:t!=2!
`
`Information
`
`These Changes
`About
`Rates/ Prime Rate: Variable
`Variable
`rate (currañtly
`on the highest U.S. prime
`APRs
`3.50% as of 07/21/16)
`are based
`in the Money Rates
`pub!!shed
`or federal
`two business
`days
`(not weekends
`of The Wall Street
`section
`Jouma/
`hG!!days)
`your statement
`before
`as of the first day of your billing cycle during which
`date. Any new rate will be applied
`the
`closing
`prime rate has chañÿed.
`The APR disclosed
`in this notice
`is 25.24% as of 07/21/16.
`If the prime rate has changed
`since
`that date, your
`rate may be different.
`Cash Advance
`APR: We add 21.74% to the prime rate to dete
`0.06915%).
`Maximum APR 29.99% (currently
`0.08217%).
`currently
`Amendment
`to your Cardmember
`in the Revised
`Agreement:
`The changes
`described
`and
`Terms Summary
`Additiünal
`Information
`AgrGernest
`sections
`of
`this notice
`your Cardmember
`and replace
`the corresponding
`amend
`that currently
`apply. Any terms
`of your account
`not described
`in this notice continue
`to apply.
`
`!ñc the Cash Advancê
`
`APR (daily per!edie
`
`rate
`
`O
`
`terms
`
`* THIS
`
`IS A DUPLICATE
`
`COPY
`
`*
`
`CTE013
`
`Pkg Page 23 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 12 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`.
`
`I
`
`-
`
`..
`
`Pkg Page 24 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 13 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`CHA5E
`
`0
`
`Chase Bank USA, N.A.
`PO Box 15519
`DE 19850-5519
`Wilmington
`
`Ms. Diane L Compani
`DIAMOND DI DAY CARE
`PO Box 448
`Hagarñan, NY 12086-0448
`
`o
`8
`
`O
`
`G
`
`OQ O
`
`April 28, 2015 • Southwest Airlines® Rapid Rewards® credit card ending in: 9041
`
`Important
`
`Change
`
`to
`
`Your
`
`Account
`
`Terms
`
`We're making a change to your CõrdmGmbõr Agreement
`
`to be consistent with our standard terms of this product. The change
`
`takes effect 07/01/15. For more details, please see below.
`
`Rejectiñg
`
`this change: You have the right
`
`to reject
`
`the change in the Revised Terms table.
`
`If you want
`
`to reject
`
`this change, you
`
`must contact us by 06/30/15. Call us at 1-800-346-5538
`
`or write to us at Cardmember Services, P.O. Box 15098, Wilmington,
`
`DE,
`
`19850-5098.
`
`I ;óvvever,
`
`if you reject
`
`this change, you will not be able to use your account
`
`for new transactions
`
`and your account
`
`will be closed. You will still be responsible for paying monthly payments until your balance is paid in full.
`
`Annual Membership
`
`Fee
`
`eg
`
`If you have questions or want to reject the change in the Revised Terms table
`above, please call us at 1-800-346-5538. We're here to..help anytime.
`
`Any tenns of your account agreement not
`described in this notice continue to apply.
`
`SEE BACK OF PAGE for more important
`information
`IS A DUPLICATE
`* THIS
`
`COPY
`
`about your account.
`
`*
`
`CTE010
`
`Pkg Page 25 of 175
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 09/17/2021 05:04 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. EF2021-3
`Doc Page 14 of 18
`RECEIVED NYSCEF: 09/17/2021
`
`o8
`
`.
`
`×
`
`E
`
`EO
`
`O
`
`Your
`
`Annual
`
`Renewal
`
`Notice
`
`It's time for your account
`
`renewal, which means we'll bill your annual membership
`
`fee soon.
`
`About Your Annual Membership Fee
`We charge an annual fee for this account whether you use the account or not. To avoid payirig the annual fee, you must close your account
`within 30 days from the date that the annual membership fee is posted to your account. We maintain the right to close your account and to
`limit your right to use your account.
`
`Here are some details about your account
`
`terms you may find helpful.
`
`How To Avoid Paying Interest on Purchases
`You can avoid paying interest on purchõses if you pay your New Balance as shown on your statement every month by the due date and time.
`Your payment due date is a minimum of 21 days after the close of each billing cycle.
`In general, interest charges begin from the date of a transaction (including new purchases, balance transfers, cash advances, or overdraft
`advances) and the date a fee or interest charge is added to your daily balance, until you pay off the outstanding balance on your account.
`first to the higher interest rate balances.
`When you pay more than the minimum payment due, we generally apply the excess payment amount
`if you do not pay your balance in full each month, you may not be able
`This helps some customers pay.off higher APR balances first. However,
`to avoid interest charges on new purchases.
`
`to Interest Rate
`How We Calculate the B