COVER SHEET
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`‘MIDLAND CREDIT MANAGEMENT,|
`INC
`
`Vs
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`~ | AR-24-00791
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`at
`|3
`;
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`Case Number:
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`Typeof pleading:
`|COMPLAINT
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`|
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`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`CIVIL DIVISION
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`Attomey's Firm ID
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`Detendant(s)
`BROOKE KIRCHNER _
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`Filed on behalfof|
`PLAINTIFF
`|ofFe
`:
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`(Nameof thefilingparty)
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`[mi] Counsel ofRecord
`L Individual, IfPro Se
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`| Address, TelephoneNumber, and EmailAddress:
`‘DANIEL J SANTUCCI]
`400 HORSHAM ROAD,SUITE 110
`_| HORSHAM, PA 19044
`_|973-753-5100
`_|dsantucci@pfwattorneys.com
`p
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`|P
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`

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`PRESSLER, FELT & WARSHAW, LLP
`By: Daniel J. Santucci, Esquire
`I.D.#92800
`400 Horsham Road,Ste 110
`Horsham, PA 19044
`(888) 312-8600
`
`Attorney for Plaintiff
`
`IN THE COURT OF COMMONPLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`MIDLAND CREDIT
`CREDIT MANAGEMENT,INC
`Plaintiff
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`Vv.
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`BROOKE KIRCHNER
`Defendant
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`:
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`CIVIL ACTION - LAW
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`NO: AR-24-00791
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`Plaintiff, Midland Credit Management, INC, by and through the undersigned counsel, hereby submits
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`this First Amended Civil Action Complaint and respectfully avers as follows:
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`COMPLAINT
`
`COUNT I
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`BREACH OF CONTRACT
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`1. Plaintiff, Midland Credit Management, INC,is a Delaware Company, with its principal place of
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`business being 350 Camino De La Reina, Suite 100, San Diego, CA 92108
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`2. Defendant, Brooke Kirchner,is an individual residing at 848 Kennedy St, Apt 4, Carnegie, PA
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`15106
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`3. On or about December 21, 2018, the Defendant was extendedaline of credit pursuantto the
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`terms of a valid Card Member Agreement governing the line of credit, which Defendantaccepted
`through use ofthe card and continually accepted amendments to the Agreement through
`continued use of said card. The Card Member Agreement governing the Defendant’s account,
`whichneed not be signed by the Defendantnor reference the Defendant’s individual account, at
`the time of charge-off, is attached hereto andincludedas part of Exhibit A.
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`4. The Defendant defaulted on his obligation to repay the debt associated with the credit card andthe
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`account was charged off. Plaintiff now seeks the amountofthe outstanding balance, which is
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`$1,582.55.
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`5. Plaintiff Midland Credit Management, INCis the true and correct ownerofthe debt, by virtue of
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`purchasingthe delinquent accountfrom the original creditor. Please see Exhibit B
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`6. Statements showinguseofthe account, and payments made thereto, which evidence the amount
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`whichisstill due and owing, are attached andincluded as part of Exhibit C.
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`WHEREFORE,Plaintiff, Midland Credit Management, INC, demands Judgmentagainst the Defendant,
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`in the amount of $1,582.55, plus costs.
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`Dated: Ly-/& Y f
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`
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`Respectfullyad
`DanielJ. Santucci,Esquire
`
`Attorney for Plaintiff
`Pressler, Felt & Warshaw, LLP
`400 Horsham Road,Suite 110
`Horsham, PA 19044
`1-888-312-8600, EXT 5901
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`VERIFICATION
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`I, Daniel J. Santucci, Esquire, hereby verify that I am counsel for
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`
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`Plaintiff, and that Plaintiff is outside this jurisdiction.
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`I understand
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`that the statements made herein are made subject to the penalties of 18
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`PA. C.S. Section 4904 relating to unsworn fals
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`VFication to authorities.
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`Damlel J. Santucci, Esquire
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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`MIDLAND CREDIT
`CREDIT MANAGEMENT,INC
`Plaintiff
`
`:
`:
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`CIVIL ACTION - LAW
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`NO: AR-24-00791
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`Vv.
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`BROOKE KIRCHNER
`Defendant
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`CERTIFICATION OF SERVICE
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`Daniel J. Santucci, Esquire, Attorney for the Plaintiff herein, certifies to the Court that he mailed a true
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`and correct copy of the Plaintiff's Praecipe for Argument Court via regular mail on April 16, 2024 to the
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`Defendant’s attorney
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`DATE: 4/16/24
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`DANIEL J. SANTUCCI, ESQUIRE
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`EXHIBIT A
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`009-VSSALLETIEREDC--ALL
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`“xr©mm90m0>
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`YourVictoria's Secret Credit Card account agreement.
`This Agreement covers the Terms and Conditions of your accountwith us.In this document, you will find
`important
`information about using and managing your account,
`including a Privacy Statement and
`information concerning your billing rights. Your use of the account, orfailure to close the accountwithin the
`30 days of receiving this document, indicates your acceptanceof the terms ofthis agreement, including the
`assessmentof any interest charges and fees.
`Section | of this Agreementalso includes a Jury Trial Waiver and an Arbitration Provision in the
`event of a dispute.
`e You have a right to reject this Arbitration Provision.
`e
`If you do notreject this Arbitration Provision,it will be part of this Agreement andwill:
`o Eliminate yourright to a trial by jury; and
`o
`Substantially affect your rights, including your right to bring, join in or participate in class
`proceedings.
`Section | does not apply to Covered Borrowers underthe Military Lending Act. See Section J
`below.
`Please read each section carefully and keep this documentfor your records.
`In the following sections, you will find information on:
`Financial terms of your account: An at-a-glance summary of the fees and charges associated with your account
`Getting started: the basics of your account
`Keeping your account in good standing: avoiding default, and what to doif your card is lost or stolen, as applicable
`Learning more about your account:credit plans, credit limits, and how payments are calculated and applied
`Interest, fees and charges: when and how fees and costs are applied to your account
`Other important information:legal rights, costs, and how we'll handle changesto your account
`Disputes and reporting to consumer reporting agencies: data we provide, and receive from, consumer reporting agencies,
`and whatto do if you think there is an erroron your periodic statement
`Optional products:how to protect your account from fraud or theft, and information on services that can help pay your debt in
`case of emergencies
`Communicating with us: what happens whenyou contact us
`Arbitration and jurytrial waiver: how we'll resolve disagreements, including a jury trial waiver and Arbitration provision
`J.
`Important information for Covered Borrowers underthe Military Lending Act
`Privacystatement: how wecollect, use, share, and protectyourpersonalinformation; and theprivacy choicesyou can make
`Financial terms of your account
`=manclaltemsofyoursecount:CS
`Interest Rates and Interest Charges
`Annual Percentage Rate
`24.99%
`(APR) for Purchases
`This APR will vary with the market based onthe Prime Rate.
`
`
`
`
`
`
`How to Avoid Paying
`Your due dateis at least 25 days after the close of eachbilling cycle.
`Interest
`Wewill not charge youinterest on purchasesif you pay your entire
`balance bythe due date each month.
`
`Minimum Interest Charge
`If you are charged interest, the chargewill be no less than $1.00 per
`
`credit plan|For Credit Card Tips from To learn more aboutfactors to considerwhen applying for or
`
`the ConsumerFinancial
`using a credit card, visit the website of the ConsumerFinancial
`Protection Bureau
`Protection Bureauat ceeeecera
`
`| None
`* Annual Fee
`
`Penalty Fees
`* Late Payment
`* Returned Payment
`
`Up to $40.00
`Up to $25.00
`
`How We Will Calculate Your Balance: We use a method called "daily balance." See your Account
`agreement for more details.
`Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is
`provided in your account agreement.
`Rate Information: The following chart provides details on your rate as of July 1, 2020. We divide the APR by 365 to determine the
`daily periodic rate.
`
`| Purchase APR
`
`Add to Index
`| 21.74%
`
`APR
`24.99%
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`Daily Periodic Rate
`0.06846%
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`If this Agreement was provided to you at point of sale, see the Agreement sent with your new account welcome packageforvari able
`APR information in effect within 30 days of mailing.
`We'll charge you a minimum interest charge of $1.00 per credit plan for any billing period in which interest is due. For additional
`information, see Rates in Section D.
`;
`Minimum Payment:
`The amount you must pay eachbilling period ("Total Minimum Payment’)is the total of minimum payments for Regular Revolving and
`promotional Credit Plan purchases plus any Past Due amounts. The Total Minimum Payment won't be less than $29.00 (or $35.00if
`you were charged a Late Fee during the priorsix billing periods). If your Account balanceis less than $29.00 (or $35.00 if you were
`charged a Late Fee during the priorsix billing periods), you must pay the amount indicated on yourbilling statement ("Statement") in
`full. The minimum payment due for each Regular Revolving Credit Plan will be the greaterof:
`A 5% of the New Balance shown on your Statement forthat Credit Plan (rounded downto the nearest $5.00).
`a) $5.00; or
`See Minimum Paymentin Section C below for promotional credit plan minimum paymentcalculations.
`The APR information described is accurate as of July 1, 2020. Dueioa changein the index,this information may have changed. To
`find out more, call us at 1-800-695-9478 (TDD/TTY: 1-800-695-1 788), or write us at Comenity Bank, PO Box 182273, Columbus,
`Ohio 43218-2273orvisit our website at vsangelcard.com.
`A. Getting Started
`——
`Definitions
`In this Agreement, "We," "Us" and "Our" mean Comenity Bank and any successoror assigns. "You" and "Your" mean each person
`who submits an application or solicitation for an Account with us. "Account" means your credit card account with us. "Card" means
`each credit card we issue for your Account, as applicable. "Credit Plan” means one or more payment program options Victoria's Secret
`may ask us to offer from timeto time.
`Upholding your Agreement
`If you sign or submit an application or
`e
`You agree io the terms of this Agreement, and promise to do everything required of you.
`Solicitation to obtain credit from us, you'll be legally bound by this Agreement. You're also legally bound if you sign a chargeslip,
`or permit someoneelseto use the credit provided.
`You agree that the credit extended under your Account will be used only for personal, family or household purposes and notfor
`business or commercial purpose.
`If the Account is a joint Account, you and the joint Accountholderwill be bound by this Agreement. Eachof youwill be jointly
`and individually responsible for repaying all amounts due.
`If more than one person is responsible for this Account, wewill only
`providebilling statements and communications to one of you.
`Any authorized user of your Accountwill be bound by the terms of this Agreement. One additional Card may be issued with the
`individual name of an authorized user embossed onthe Card.If you want to revoke the use of your Account by an authorized
`user, either write us at the address, or call us at the phone number, shown on your Statement.
`You agree to pay for all transactions made on your Account by an authorized user, whether or not such transactions were
`°
`authorized by you or made for your benefit.
`Card signature (as applicable)
`For your ownprotection, please sign your Card before usingit. Keep in mind that your signature on the Card isn’t a prerequisite to
`your obligation to pay amounts incurred on your Account.
`Using your Account
`e
`Your Account may be used to make purchases from Victoria's Secret and otherretailers we may determine occasion ally by
`notifying you via electronic mail, statement message, website posting, or other method.
`e
`Wereservethe right to not honor transactions related to, including, but not limited to, gambling, ATM usage at casinos, and
`illegal activities.
`Making payments
`°
`Pay your Account by sending a check, money order, or cashier’s check payable in U.S.dollars, to the name and address shown
`on your Statement specified for payments. Please don't send cash.
`°
`Be sure to include your payment stub, do not staple your payment to the stub, use the envelope provided with your Statement
`and don’t send any correspondence with your payment.
`e
`If your payment doesn’t meet these requirements, it may not be credited to your Account for up to five days, or may be rejected.
`e
`All written communications concerning disputed amounts,
`including any check or other payment
`instrument marked with
`“payment in full" or similar language, must be sent to 6550 North Loop 1604 East, Suite 101, San Antonio, Texas 78247 -5004.
`o We may accept a paymentsent to any other address without losing any of ourrights.
`o
`No payment shall operate as an accord andsatisfaction without Our prior written approval.
`B. Keeping
`your accountin good standing
`Avoiding default
`You'll be in default underthis Agreementif you:
`Fail to make any payment when due
`Violate any provision of this Agreement
`Pass away
`Become the subject of bankruptcy or insolvency proceedings
`Supply us with misleading, false, incomplete orincorrect information
`Are unable or unwilling to perform the terms or conditio ns of this Agreement
`Fail to supply us with anyinformation we deem necessary
`Default under any other loan or agreement you have with us or any of ouraffiliates
`Becomeincompetent
`Exceed your Credit Limit
`Issue a paymentreturned unpaid by your bankfor any reason
`®
`If we consider your Account in default, we may suspend yourability to make charges, close your Account, require you to pay the full
`amount you owe immediately or take any other action permitted by law.If applicable law requires us to do so, we'll tell you in advance
`and/or give you the opportunity to remedy your default.
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`

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`o0oCcO00
`
`Reporting a lost or stolen card (as applicable)
`If you notice the loss ortheft of your credit card or a possible unauthorized use of your card, you should write to us immediately at PO
`Box 182273, Columbus, Ohio 43218-2273 orcall us at 1-800-695-9478 (TDD/TTY: 1-800-695-1788). You will not be liable for any
`unauthorized usethat occurs after you notify us. You may, however, be liable for unauthorized use that occurs before yournotice to
`us.
`In any case, yourliability will not exceed $50.
`C. Learning more aboutyour account
`Credit Plans
`Your Account may consist of a non-promotional("Regular Revolving") Credit Plan and one or more promotional Credit Plans.
`Credit Plans offered and their particular features (including but not limited to minimum purchase requirements and minimum
`payment) may vary occasionally at our discretion and include one or more Regular Revolving or promotional Credit Plans.
`We mayofferdifferent promotional Credit Plans from time to time.
`If a promotional Credit Planis offered at the time you open your Account, this Agreementwillinclude information about the terms
`for the Plan, by use of an insert, attachment, or other written information provided as part of this Agreement.
`Normallate fees, returned payment fees and all other provisions apply to any promotional Credit Plan, unless inconsistent with
`a particular Credit Plan offering.
`If the promotional Credit Plan purchaseisn't paid in full before the promotional period ends, the balance will be transferred to
`your Regular Revolving balance.
`Promotional Credit Plans mayinclude:
`o
`WaiveInterest, Payment Required
`WaiveInteresi, Equal Payment
`Waive Interest, Low Payment
`Defer Interest, Equal Payment
`DeferInterest, Payment Required
`DeferInterest, Low Payment
`Low APR, Equal Payment
`Budget Payment
`o
`Skip-paymentoption
`At ourdiscretion, we may allow you to skip making the Minimum Payment.
`Interest Chargeswill be assessed during the skip-paymentperiod, but a late fee won't be imposed. This will not be considered
`a waiver of any of the rights granted by this Agreement.
`All other terms of your Account apply during ihe skip-payment period.
`Credit limit
`Your Credit Limit is the total maximum amount we permit you to owe us at any time.
`You may not exceed any Credit Limit ihat we set for your Account.
`If you do exceed your Credit Limit, we canstill charge youforall transactions, interest and other charges without giving up any
`of our rights under this Agreement.
`We may change yourCredit Limit at any time.
`Account cancellation
`You may cancel your Account. You'restill obligated to pay the full amount you oweus.
`We may cancel your Accountat any time, for any reason.
`We mayrefuse to authorize any purchase on your Account. We may also suspend your Account and yourright to use your Card,
`including each Card you give to others.
`We may stopoffering any Credit Plan at any time,for any reason.
`Cancellation or suspension of your Account doesn't negate your obligation to pay any amount you oweus.
`Cancellation of your Account includes each Card you give to others.
`Minimum Payment
`You can payall of your Account balanceat any time without penalty.
`You must payat least the Total Minimum Payment for each billing period by ihe Payment Due Date shown on your Statement.
`The Minimum Paymentis the total of the minimum payments for the Regular Revolving and promotional Credit Plans plus any
`Past Due amounts.
`The Total Minimum Payment won't be less than $29.00 (or $35.00 if you were charged a Late Fee during the prior six billing
`>
`periods). If your Accountbalanceis less than $29.00 (or $35.00 if you were charged a Late Fee during the priorsixbilling periods)
`you must pay the amountindicated on your Statement in full.
`The minimum payment for each Credit Planis calculated as follows:
`o
`The minimum payments for Regular Revolving Credit Plans, Waive Interest, Payment Required and DeferInterest, Payment
`Required Credit Plans will be the greaterof:
`(a) $5.00; or
`(b) 5% (rounded downto the nearest $5.00) of the New Balance shown on your Statement for that Credit Plan.
`The minimum payment for the Waive Interest, Equal Payment and Defer Interest, Equal Payment Credit Planswill be the
`amount of the purchasedivided by the number of months betweenthe date of the purchase and the promotional period end
`date (minimum $5.00) roundedupto the nearest $1.00.
`The minimum payment for the Low APR, Equal Payment Credit Plan will be the amount of the purchaseincluding the
`calculated interest chargesthatwill be assessed from the date of purchase through the endof the promotionalperiod divided
`by the number of months betweenthe date ofthe purchase and the promotional period end date (minimum $5.00) rounded
`up to the nearest $1.00.
`The minimum payment for the Waive Interest, Low Payment and Defer Interest, Low Payment Credit Plans will be the
`greater of:
`(a) $5.00 or
`(b) 1.0% (rounded downto the nearest $5.00) of the New Balance shown on your Statementfor that Credit Plan.
`For each Budget Payment Credit Plan or Open Charge Budget Payment Credit Plan, fixed monthly payments of $49, $99,
`$149, $199, or $299, based on the transaction amount.
`For Open Charge credit plans (except Open Charge Budget Payment Credit Plans), if your balance increases during the
`Open Charge period, your minimum payment will increase. The minimum payment for each Open Chargeplan will be
`calculated based on the above Credit Plans.
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`Paymentapplication
`e We reservethe right to apply payments equal to or less than the Total Minimum Payment howeverweseefit, which may result
`in balances subject to lowerinterest rates being paid prior to other balances. This mayalso result in higher interest charges.
`Any payment you make in excess of the required Total Minimum Payment will be allocated to your Account as required by
`applicable law.
`Excess payments received before a deferred interest promotion expires are applied to the deferred interest promotional balance
`first in the last twobilling periods of the promotional period.
`D. Interest, fees and charges
`
`Interest charges
`e
`Interest charges begin on a transaction, fee or interest from the day addedto the daily balance and continue until the balanceis
`paid infull.
`There is a Grace Period on Regular Revolving Credit Plan purchases. This means wewill not charge interest on such purchases
`if you payin full each billing period.
`Wewill not charge interest on any portion of a payment allocated to the Regular Revolving Credit Plan that is paid within an
`applicable Grace Period.
`If you make a purchase under any WaiveInterest Credit Plan, we won't charge interest on the purchase if you pay the total
`purchase amount before the end of the promotional period. If you don't pay the total purchase amount before the end of the
`promotional period, we'll add the remaining amount to your Regular Revolving balance. We'll also begin charging interest onthe
`purchase from thefirst day after the promotional period ends.
`If you make a purchase under any Defer Interest Promotional Credit Plan and don't pay the total amount before the end of the
`promotional period, we'll add the remaining purchase amount and the amountof accrued interest to your Regular Revolving
`balance.
`If you make a purchase under a Low APR, Equal Payment Credit Plan, interest will be assessed from the date of purchase
`through the end of the promotional period.
`How wecalculate Interest Charges on your Account
`Wecalculate interest separately for each Credit Plan, using a "Daily Balance” to determine interest charges for eachbilling period.
`Ourcalculation method is as follows:
`e
`Westart with the beginning balance on your Account each day (including unpaid interest charges and fees).
`e We subtract any payments orcredit adjustments (treating any net credit balance as a zero balance) and add new transactions
`and debit adjustments posted as of that day. This gives us the "Partial Daily Balance" for the day.
`¢ We then multiply the Partial Daily Balance for the day by the Daily Periodic Rate. This gives us the "Daily Interest Charge” for
`the day, which we add to the day's Partial Daily Balance.
`° We've now determined the "Daily Balance," which will be the beginning balance for the following day. This results in daily
`compounding of interest charges.
`Ai the end of eachbilling period, we add together each Credit Plan’s Daily Interest Charge and make other adjustments, which
`gives usthetotalinterest charge.
`Your Statement will show a Balance Subject to Interest Rate, which is the sum ofthe Daily Balances for each day in the billing
`e
`period divided by the total number of days.
`Rates
`°
`To calculate a variable rate, for eachbilling period, we use an Index. The Indexis the U.S. Prime Rate published in the “Money
`Rates”section of The Wall Street Journal onthelast business day of the calendar month preceding the month in whichthebilling
`period begins. (Our business days are Monday through Friday, excluding holidays.)
`Any variable APR will increase on thefirst day of the billing period after the Index increases.
`e
`e_Anincrease or decrease in the APR will result ina correspo nding increase or decrease in the amountof interest and mayincrease
`the Total Minimum Payment.
`Other fees and charges
`You agreeto pay the following fees and charges:
`
`° Late Fee:If you don’t pay at least the Minimum Payment Due by the Payment Due Date, we will charge youalate fee.
`o
`The fee is $29.00 if you were not charged a late fee during anyofthepriorsix billing periods.
`o
`Otherwise, the fee is $40.00.
`o
`This fee will not exceed the amount permitted by applicable law.
`Returned Payment Fee: We maycharge you a feefor each paymentthat your bank doesn't honorfor any reason.
`o
`The fee is $25.00 if you were not charged a returned payment fee during anyofthe priorsix billing periods.
`o
`Otherwise, the fee is $25.00.
`o
`This fee will not exceed the amount permitted by applicable law.
`Although we may decide to do so, we aren't required to attempt to collect a payment more than once.
`Document Fees: If we provide you with a copy of any Statement, sales draft or similar document at your request (except in
`connection withbilling error inquiries or resolution), we may charge the Account the following fee(s), subject to anylimitations of
`applicable law:
`eo
`Statement copy - $6.00
`o
`Sales/Credit Draft copy - $6.00
`o
`Check/Money Order copy - $6.00
`Alternative Payment Method Fee: We mayoffer aliernative payment methods that allow you io make individual, expedited
`payments to your Account over the phone.
`If you choose to usethis payment method, we may assessthe current fee we charge
`for this service, subject to anylimitations of applicable law. Currently, that fee is up to $15.00 but may change. We'll let you know
`the current fee before you authorize any payment(s), and you can withdraw your requestif you don't want to pay the fee.
`E. Other important information
`Collection costs
`You agree to pay our reasonable costs for collecting amounts due, including reasonable attorneys’ fees and court costs incurred by
`us or another person or entity, to the extent not prohibited by applicable law and except as provided below.
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`AL Residents: Wewill not charge attorneys’ fees if your unpaid balance is $300 or less.
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`MD Residents: Wewill not charge you for costs other than attorneys’ fees.
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`NH Residents: Reasonable attorneys’ fees may be awardedto youif you prevail in any action by or againstus.
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`WIResidents: If legal action is taken, we may seek statutory attorneys’ fees and costs, which you will pay if they are granted by
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`the court.
`Changes
`We may add, change, or delete the terms of your Account. If required by applicable law, wewill give you advance written notice of the
`change(s) anda right to reject the change(s).
`
`Security Interest
`You grant us a security interest in all goods you purchase through the use of the Account, now orat any time in the future andin all
`accessions to and proceeds of such goods. We waive any security interest we may havein your principal dwelling, to the extent that
`it would otherwise secure any obligation arising hereunder.
`
`Changesto your information
`You agree to notify us immediately of any changes to your name, mailing address, electronic mail address or telephone number(s).
`
`Governing Law
`THIS AGREEMENT IS GOVERNED BY DELAWARE AND APPLICABLE FEDERALLAW. THIS IS THE LAW WE ARE SPEAKING
`OF WHEN WE REFER TO A TERM PERMITTED OR REQUIRED BY APPLICABLE LAW.
`Transfer of Rights/Assignment
`Your rights under this Agreement can’t be transferred by you, by operation of law or otherwise, but your obligations will be binding
`upon your esiaie or personal representatives. We maytransfer or assign your Account and/orthis Agreement, or any of ourrights
`underthis Agreement, to another person orentity at any time without prior notice to you or your consent.
`No Waiver of Rights
`We will not lose our rights under this Agreement because we delay or do not enforce them.
`Severability
`If any provision of this Agreementis in conflict with applicable law, that provision will be considered to be modified to conform with
`applicable law.
`Notice to New Jersey Residents
`All provisions of this agreementare valid, enforceable and applicable in New Jersey.
`F. Disputes and Reporting to Consumer Reporting Agencies
`
`Credit Reports
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`You give us permission to investigate your credit record.
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`You agree that a credit report may be requested in connection with the processing of yourcredit application. A report may also
`be requested in connection with a credit extension,crecit limit request, Account renewal or update, Accountcollection actio n, or
`dispute investigation. Upon request, we will tell you the name and addressof any consumerreporting agency that furnished a
`report on you. You consent fo the obtaining of such reports by signing or otherwise submitting an application or solicitation.
`You understand that we may report negative information (such as, late payments, missed payments, or other defaults) about
`your Account to consumer reporting agencies.
`You give us permission to provide information about your Account to consumerreporting agencies and other creditors, as well
`as to the retailer whose name appears on your Card.
`Credit report disputes
`If you believe the Account information we reported to a consumer reporting agencyis inaccurate, you may submit a direct dispute to
`Comenity Bank, PO Box 182789, Columbus, Ohio 43218-2789.
`Yourwritten dispute must provide sufficient information to identify the Account and specify why the information is inaccurate:
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`Account Information: Your name and Account number
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`Contact Information: Your address and telephone number
`
`e—Disputed Information: Identify the Account information disputed and explain why you believeit is inaccurate
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`Supporting Documentation:
`If available, provide a copyof the section of the credit report showing the Account information you
`are disputing
`Wewill investigate the disputed information and report the results to you within 30 days of receipt of the information needed for our
`investigation. If we find that the Accountinformation we reported is inaccurate, we will promptly provide the necessary correction to
`each consumerreporting agency to which we reported the information.
`Your Billing Rights: Keep This Document For Future Use
`This notice tells you about yourrights and our responsibilities under the Fair Credit Billing Act.
`What To Do ff You Find A Mistake On Your Statement
`If you think there is an error on your statement, write to us at: Comenity Bank, PO Box 182782, Columbus, Ohio 43218-2782
`In yourletter, give us the following information:
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`Account information: Your name and account number.
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`Dollar amount: The dollar amount of the suspected error.
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`Description of problem:If you think there is an error on yourbill, describe what you believe is wrong and why you believe itis a
`mistake.
`You must contact us:
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`Within 60 days after the error appeared on your statement.
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`Atleast 3 business days before an automated payment is scheduled,if you want to stop payment on the amount youthinkis
`wrong.
`You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential
`errors and you may haveio pay the amountin question.
`What Will Happen After We Receive Your Letter
`Whenwereceive yourletter, we must do two things:
`‘. Within 30 days of receiving yourletter, we musttell you that we received yourletier. We will also tell you if we have already corrected
`the error.
`2. Within 90 days of receiving yourletter, we must either correct the error or explain to you why we believe thebill is correct.
`While weinvestigate whether or not there has been an error:
`e We cannottry to collect the amount in question, or report you as delinquent on that amount.
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`The charge in question may remain on your Statement, and we may continue to charge you interest on that amount.
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`While you do not have to pay the amountin question, you are responsible for the remainderof your balance.
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`Wecan apply any unpaid amount against your creditlimit.
`After we finish our investigation, one of two things will happen:
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`if we made a mistake: You will not have to pay the amount in question or anyinterest or other feesrelated to that amount.
`if we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees.
`Wewill send you a statement of the amount you owe and the date paymentis due. We may then report you as delinquentif you
`do not pay the amount wethink you owe.
`If you receive our explanation butstill believe yourbill is wrong, you must write to us within 10 daystelling us that you still refuse to
`pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning yourbill. We musttell you the
`name of anyone io whom wereported you as delinquent, and we must let those organizations know whenthe matter has beensettled
`between us.
`If we do not follow all of the rules above, you do not have to paythefirst $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 goodsor services that you have purchased with your credit card, and you havetried in goodfaith to
`correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
`To use this right, all of the following must betrue:
`1. The purchase must have been madein your homestate or within 100 miles of your current mailing address, and the purchaseprice
`must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to
`you, orif we own the companythat sold you the goodsorservices.)
`2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a checkthat
`accesses your credit card account do not qualify.
`3. You must not yet have fully paid for the purchase.
`if all of the criteria above are met and you arestill dissatisfied with the purchase, contact us in writing at:
`Comenity Bank
`PO Box 182782, Columbus, Ohio 43218-2782
`While we investigate, the same rules apply to the disputed amount as discussed above.After we finish our investigation, we will tell
`you our decision. At that point, if we think you owe an amount and you do not pay, we mayreport