Notice: Contains Sensitive Data
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`CC-17-02720-E
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`NO.
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`FILED
`5/23/2017 6:37:59 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`DISCOVER BANK,
`Plaintiff
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`CHRIS F BENEDETTO
`
`Defendant(s)
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`IN THE COUNTY COURT
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`AT LAW NO (cid:9)
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`
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`OF DALLAS COUNTY, TEXAS
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`ti
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`ti
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`ti
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`PLAINTIFF'S ORIGINAL PETITION
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`DISCOVER BANK, ("Plaintiff"), complains of CHRIS F BENEDETTO , ("Defendant(s)"), and
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`for its cause of action would respectfully show the Court as follows:
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`1.
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`This cause of action is governed by the rules for Expedited Actions under the Texas
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`Rules of Civil Procedure Rule 169 because the Plaintiff is seeking only monetary relief of
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`one-hundred thousand dollars or less including damages of any kind, penalties, costs,
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`expenses, pre-judii,ment interest, and attorney fees. Damages sought are within the
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`jurisdictional limits of the court.
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`2.
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`Discovery is intended to be conducted under Level 1 of Rule 190.2, of the Texas Rules of
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`Civil Procedure.
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`3.
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`Plaintiff is a FDIC-insured Delaware State Bank. Plaintiff may be contacted through the
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`undersigned attorney.
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`DISCOVER BANK V. CHRIS F BENEDETTO
`Plaintiffs Original Petition
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`4.
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`5.
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`6.
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`(cid:9) (cid:9)
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`7.
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`S.
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`Delendant(s) is/are a resident(s) of DALLAS County, Texas, and may he served with
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`process at 4231 HARVEY DR, MESQUITE, TX 75150. Venue is proper in this Court
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`because Defendant(s) resides/reside in this county at the time of the tiling of this suit.
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`BREACH OF WRITTEN CONTRACT
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`Defendant(s) obtained a credit account from Plaintiff. The credit account is identified as
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`eliding in account number 539.
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`Plaintiff and Defendant(s) entered into a credit account agreement ("the Agreement"), see
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`Exhibit "A". Under the terms of the Agreement, Plaintiff rendered credit services to
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`Delendant(s).. Defendant(s) accepted the credit services and under the Agreement
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`became bound to pay Plaintiff the amounts of such credit services, plus additional
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`amounts due under the Agreement.
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`Defendant(s) has/have failed to repay all of the credit services rendered under the
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`Agreement. The current balance due, owing and unpaid under the Agreement, alter
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`allowing all just and lawful payments, credits and offiets, is S2,164.53. Attached is an
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`account record as Exhibit "B". The terms of the Agreement control the accrual of
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`additional charges, interest, and other amounts. (cid:9)
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`Plaintiff has made demand upon
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`Delenclant(s) tbr payment of the balance due under the Agreement, but Defendant(s)
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`has/have failed and refused to pay the balance.
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`All conditions precedent to Plaintiffs right to bring suit on its claims have been
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`performed or have occurred.
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`DISCOVER BANK V. CHRIS F BENEDETTO
`Plaintiff's Original Pention
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`WHEREFORE, premises considered, the Plaintiff, DISCOVER BANK, requests that
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`Delendant(s) CHRIS F BENEDETTO , be citied to appear and answer and that, upon final
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`hearing, Plaintiff have judgment against Defendant(s) for the following:
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`2.
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`3.
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`52,164.53 as the balance due, owing, and unpaid under the Agreements;
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`All costs of this proceeding;
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`Such other and further relief to which Plaintiff may show itself justly entitled.
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`Respectfully submitted,
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`!WICKER & ASSOCIATES, P.C.
`A Law Firm Enszat;ed in Debt Collection
`Attorneys for Plaintiff
`OLD TOWN SQUARE, 1 CHISHOLM TRAIL, SUITE
`301
`ROUND ROCK, TX 78681
`TEL: (512)218-0488
`FAX: (512)218-0477
`EMAIL: ZATXATFORNEYS@ZWICKERPC.COM
`
`BY:
`
`I I ELISE D. 1ANCHESTER
`State Bar Number 24070566
`I I ERIN M. MITCHELL
`State,Bar Number24093513
`10 MILDRED ANAELE
`State Bar Number 24100119
`I I AMBREEN A. DHARANI
`State Bar Number 24092343
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`DISCOVER_ BANK. V. CURLS BENEDETTO
`Plaintiff's Original Petition
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`EXHIBIT "A"
`EXHIBIT “A”
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`DISC VER• (cid:9)
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`CARDMEMBER AGREEMENT
`
`Thank you for choosing Discover' card. This Agreement explains the current terms and conditions of your Account, The enclosed Pricing Schedule is part of this Agreement, Please read this Agreement, including
`the Pricing Schedule, carefully. Keep them for your records. Contact us if you have any questions. We have included a 'Definitions' section for your reference on page 3.
`
`ACCEPTANCE OF AGREEMENT
`
`You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use the
`Account. You may, however, reject the "Arbitration of Disputes' section as explained in that section.
`
`CHANGES TO YOUR AGREEMENT
`
`the rates, fees and terms of this Agreement may change from rime to time. We may add or delete any term to this Agreement. If required by law, we will give you
`advance written notice of the thangels) and a right to reject the changefs). We will not charge any fee or interest charge prohibited by law.
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`CM.T1.15K.LIN.0716
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`USING YOUR ACCOUNT
`
`Permitted Uses
`
`Authorized Users
`
`Joint Accounts
`
`Checks
`
`Credit Authorizations
`
`Credit Lines
`
`You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
`
`You may request additional Cards for Authorized Users. You must notify us if you wish to cancel the authority of an Authorized User to use your Account.
`
`II your Account is a joint Account
`• each of you agrees to be liable individually and jointly for the entire amount owed on the Account: and
`• any notice we mail to an address provided by either of you for the Account will serve as notice to both of you.
`
`If we provide you with ChecLs, we will tell you whether we will treat the Check as a Purchase, Balance Transfer or Cash Advance. You may not use these Checks to pay
`any amount you owe us.
`
`We may not authorize a transaction for security or other reasons. We will not he liable to you if we decline to authorize a transaction or if anyone refuses your Card,
`Check or Account number.
`
`We will tell you what your Account credit line is. You must keep your Account
`balance below your Account credit line. If you do not, we may request immediate
`payment of the amount by which you exceed it. We may establish a lower credit line
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`for Cash Advances. We may increase or decrease your Account credit line or your
`Cash Advance credit line without notice. We may delay increasing your available
`credit by the amount of any payment that we receive for up to 10 business days.
`
`FEES {See your Pricing Schedule for Additional Fees)
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`Late Fee
`
`Returned Payment Fee
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`We will not charge a Late Fee the first time you do not make the Minimum Payment
`Due by the Payment Due Date. After that, it you do nor pay the Minimum Payment
`Due by the Payment Due Date, we will charge you a late Fee. The tee is 527 if you
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`were not charged a tate Fee during any of the prior six billing periods. Otherwise,
`the tee is 537, This fee will never exceed the Minimum Payment Due that was due
`immediately prior to the date on which the fee was assessed.
`
`If you make a payment that is not honored by your financial institution, we will
`charge you a Returned Payment Fee even if the payment is honored after we re-
`submit it. The fee is 527 if you were not charged a Returned Payment fee during
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`any of the prior six billing periods. Otherwise, the fee is 537. This fee will never
`exceed the Minimum Payment Due that was due immediately prior to the date on
`which the payment was returned to us.
`
`ANNUAL PERCENTAGE RATES ("APRs") (See your Pricing Schedule for the APRs that apply to your Account)
`
`Variable APRs
`
`Your Pricing Schedule may include variable APRs. These APRs are determined by
`adding the number of percentage points that we specify to the Prime Rate. Variable
`APRs will increase or decrease when the Prime Rate changes. The APR change
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`will take effect on the first day of the billing period that begins during the same
`calendar month that the Prime Rate changes. An increase in the APR will increase
`your interest charges and may increase your Minimum Payment Due.
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`Penalty APR
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`None
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`MAKING PAYMENTS
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`Payment Instructions
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`Minimum Payment Due
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`• You must pay us in U.S. dollars. All checks must be drawn on funds on deposit
`in the U.S.
`• You must pay us for all amounts due on your Account. This includes charges made
`by Authorized Users,
`• We may refuse to accept a payment in a foreign currency. If we do accept it,
`we will charge your Account our cost to convert it to U.S. dollars.
`• We can accept late payments, partial payments or payments marked
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`'payment in full' or with any other restrictive endorsement without
`losing any of our rights under this Agreement.
`• We credit your payments in accordance with the terms contained on your
`billing statement.
`• If you mail your payment to an address other than she address designated on your
`billing statement, there may be a delay in processing and crediting the payment
`to your Account.
`
`You may pay the entire Flew Balance shown on your billing statement at any
`time. Each billing period you must pay at least the Minimum Payment Due by the
`Payment Due Date shown on your billing statement. The Minimum Payment Due
`will be any amount past due plus the greater of:
`• S35; or
`• 2% of the New Balance shown on your billing statement; or
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`• S20, plus any of the following charges as shown on your billing statement: lees
`for any debt protection product that you enrolled in on or after 2/1/2015; Interest
`Charges; and Late Fees.
`The Minimum Payment Due may also include amounts by which you exceed
`your Account credit line. However, it will never exceed the New Balance. When
`we calculate the Minirnum Payment Due, we may subtract horn the New Balance
`certain fees added to your Account during the billing period. The Minimum Payment
`Due is rounded up to the nearest dollar.
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`MAKING PAYMENTS
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`How We Apply Payments (cid:9)
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`INTEREST CHARGES
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`How We Calculate Interest
`Charges—Daily Balance
`Method (including current
`transactions)
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`Paying Interest
`
`We apply payments and credits at our discretion, including in a manner most
`favorable or convenient for us. In all cases, we will apply payments and credits as
`required by applicable law. (cid:9)
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`Each billing period, we will generally apply amounts you pay that exceed the
`Minimum Payment Due to balances with higher APRs before balances with lower
`APRs as of the date we credit your payment.
`
`We calculate interest charges each billing period by first figuring the 'daily
`balance' for each Transaction Category. Transaction Categories include standard
`Purchases, standard Cash Advances and different promotional balances, such as
`Balance Transfers.
`How We Figure the Daily Balance for Each Transaction Category
`• We start with the beginning balance for each day. The beginning balance for
`the first day of the billing period is your balance on the last day of your previous
`billing period.
`• We add any interest charges accrued on the previous day's daily balance and any
`new transactions and fees, We add any new transactions or fees as of the later of
`the Transaction Date or the first day of the billing period in which the transaction
`or fee posted to your Account.
`• We subtract any new credits and payments.
`
`• We make other adjustments (including those adjustments required in the 'Paying
`Interest' section),
`How We Figure Your Total Interest Charges
`• We multiply the daily balance for each Transaction Category by its daily periodic
`rate. We do this for each day in the billing period. This gives us the interest charges
`for each Transaction Category. To get a daily periodic rate, we divide the APR that
`applies to the Transaction Category by 365.
`• We add up all the daily interest charges. The sum is the total interest charge for
`the billing period,
`How We Include Fees
`We add Balance Transfer Fees to the applicable Balance Transfer Transaction
`Category, We add Cash Advance Fees to the applicable Cash Advance Transaction
`Category. We add all other lees to the standard Purchase Transaction Category.
`
`When Interest Charges Begin
`We begin to impose interest charges on a transaction, fee or interest charge from
`the day we add it to the daily balance. We continue to impose interest charges
`until you pay the total amount you owe us. You can avoid paying interest on
`Purchases as described below. However, you cannot avoid paying interest an
`Balance Transfers or Cash Advances.
`How to Avoid Paying Interest on Purchases ("Grace Period")
`if you paid the New Balance on your precious billing statement by the Payment
`
`Due Date shown on that billing statement, we will not impose interest charges on
`new Purchases, or any portion of a new Purchase, paid by the Payment Due Date
`on your current billing statement. New Purchases are Purchases that first appear
`on the current billing statement.
`How We Apply Payments May Impact Your Grace Period
`If you do not pay your New Balance in full each month, then, depending on the
`balance to which we apply your payment, you may not get a grace period on
`new Purchases.
`
`OTHER IMPORTANT INFORMATION
`
`Default
`
`Collection Costs
`
`Merchant Disputes
`
`Automatic Billing
`Arrangements (cid:9)
`
`Our Privacy Policy
`
`Reporting to Credit
`Reporting Agencies (cid:9)
`
`Our Communications
`with You
`
`Unauthorized Use
`
`Cancellation of
`Your Account
`
`You are in default if:
`• you file bankruptcy or another insolvency proceeding is filed by you or against you;
`• we have a reasonable belief that you are unable or unwilling to repay your
`obligations to us;
`• you die or are legally declared incompetent or incapacitated;
`
`• you fail to comply with the terms of this Agreement or arty Agreement with us or
`an Affiliate, including failing to make a required payment when due, exceeding
`your Account credit line or using your Card or Account for an illegal transaction.
`If you are in default, we may declare the entire balance of your Account immediately
`due and payable without notice.
`
`If we use an attorney to collect your Account, we may charge you our legal costs as permitted by law. These include reasonable attorneys' fees, court or other collection costs,
`and fees and costs of any appeal.
`
`If you have a dispute with a merchant, you may request a credit to your Account. If we resolve the dispute in your favor, we will issue a credit to your Account. You assign to us
`your claim for the credited amount against the merchant andfor any third party. At our request, you agree to provide this assignment in writing.
`
`You may set up automatic billing with a merchant. H your Account number or Card expiration date changes, you authorize us to provide this updated information to any such
`merchant at our discretion. You must contact the merchant directly if you wish to stop automatic billing.
`We send you our Privacy Policy when you open your Account and annually. (cid:9)
`Contact us or visit Discover.com if you would like a copy. Please read it carefully. (cid:9)
`It summarizes: (cid:9)
`• the personal information we collect;
`
`• how we safeguard its confidentiality and security;
`• when it may be shared with others; and
`• how you can limit our sharing of this information.
`
`We may from time to time review your credit, employment and income records. We may
`report the status and payment history of your Account to credit reporting agencies and
`other creditors. We normally report to credit reporting agencies each month. (cid:9)
`
`If you believe that information we reported is inaccurate or incomplete, please write
`us at Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name,
`address, home phone number and Account number.
`
`You agree that we (and our affiliates, agents, and contractors) may monitor or
`record any calls between you and us. If we need to contact you to service your
`Account or so collect amounts you owe to us, you authorize us land our affiliates,
`agents, and contractors) to contact you at any number (ii you have provided to
`us (ii) from which you called us, or (iii) which we obtained and believe we can
`
`reach you at. You must notify us if any number you provided to us or at which we
`contact you with your consent or authorization changes or is no longer in use. We
`may contact you in any way, such as calling, tenting, or email. We may contact you
`using an automated dialer or using prerecorded messages. We may contact you on
`a mobile, wireless, or similar device, even if you are charged for it by your provider.
`
`You must notify us immediately if;
`• your Card is lost or stolen; or
`• you believe someone is using your Account or a Card without your permission.
`• You may cancel your Account. You will remain responsible for any amount you (cid:9)
`owe us under this Agreement.
`• Any joint Accountholder may cancel a joint Account. However, both of you will
`remain responsible for paying all amounts owed.
`
`• We may cancel, suspend or not renew your Account at any time without notice.
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`OTHER IMPORTANT INFORMATION
`
`Purchases and Cash Advances
`in Foreign Currencies
`
`If you make a Purchase or Cash Advance in a foreign currency, we will convert
`it to U.S. dollars using a rate we choose. This rate will either be a government- (cid:9)
`mandated rate, a government-published rate or the interbank exchange rate, (cid:9)
`
`depending on the country and currency in which the transaction is made. We
`use the rate in effect on the conversion date for the transaction. This rate may
`be different than the rate in effect on the Transaction Date for the transaction.
`
`Governing Law
`
`Severe bully
`
`This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to you, the
`statute of limitations of the state where the lawsuit is filed will apply, without regard to that state's conflicts of laws principles or its 'borrowing statute'
`
`If any part of this Agreement is found to be invalid, the rest of it will still remain in effect. However, it the Class Action Waiver in the 'Arbitration of Disputes' section is
`invalidated in any proceeding in which you and we are involved, then the 'Arbitration of Disputes' section will be void with respect to that proceeding.
`
`Enforcing this Agreement
`
`We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
`
`Assignment of Account
`
`We may sell, assign or transfer your Account or any portion of it without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior
`written consent.
`
`CONTACT US
`
`Unless we tell you otherwise, you can notify us: • by phone at i-800-347-3085 or • in writing to Discover, PO Box 3093, Salt lake City, UT 84130-0943.
`Wnen writing, please include your name, address, home phone number and Account number. You must contact us within 15 days after changing your e-mail address, mailing address or phone number.
`
`DEFINITIONS
`
`'Account' means your Discover card account.
`'Affiliate' means our parent corporations, subsidiaries and affiliates.
`'Authorized User' means any person you authorize to use your Account or a Card, whether you
`notify us or not.
`'Balance Transfer' means a balance transferred from another creditor to your Account.
`'Card' means any one or more Discover cards issued to you or someone else with your authorization.
`'Cash Advance" means the use of your Account to:
`• obtain cash from participating automated teller machines, financial institutions or other locations;
`• purchase lottery tickets, money orders, casino chips, foreign currency or similar items.
`'Cheek' means any check we send to you to access your Account.
`
`'Pricing Schedule' means the document entitled, 'Pricing Schedule', which lists the APRs that
`apply to your Account and other important information.
`'Prime Rate' means the highest rate of interest listed as the U.S. Prime rate in the Money Rates
`section of The Wall Street Journal on the last business day of the month.
`"Purchase" means the use of your Account to purchase or lease goods or services at
`participating merchants.
`'We," "us" and "our" refer to Discover Bank, the issuer of your Card.
`'You,' "your" or 'yours' refer to you and any other person(s) who are also contractually liable
`under this Agreement.
`"Transaction Date' means the date shown on your billing statement for a transaction or fee.
`
`ARBITRATION
`
`Agreement to arbitrate. In the event of a dispute between you
`and us arising under or relating to this Account, either may choose
`to resolve the dispute by binding arbitration, as described below,
`instead of in court. Any claim (except for a claim challenging the
`validity or enforceability of this arbitration agreement, including
`the Class Action Waiver) may be resolved by binding arbitration if
`either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE
`ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO
`LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO
`DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
`CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN
`INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY
`JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR
`AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT OR
`ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER
`OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
`Only a court, and not an arbitrator, shall determine the
`validity and effect of the Class Action Waiver. Even if all
`parties have opted to litigate a claim in court, you or we
`may elect arbitration with respect to any claim made by a
`new party or any new claims later asserted in that lawsuit.
`Your Right to Go To Small Claims Court. We will not choose
`to arbitrate any claim you bring in small claims court. However,
`if such a claim is transferred, removed or appealed to a different
`court, we may then choose to arbitrate.
`Governing Law and Rules. This arbitration agreement is governed
`by the Federal Arbitration Act (FAA). Arbitration must proceed only
`
`with the American Arbitration Association (AAA) or JAMS. The
`rules for the arbitration will be those in this arbitration agreement
`and the procedures of the chosen arbitration organization, but
`the rules in this arbitration agreement will be followed if there
`is disagreement between the agreement and she organization's
`procedures. If the organization's procedures change after the claim
`is filed, the procedures in effect when the claim was filed will apply.
`For a copy of each organization's procedures, to file a claim or for
`other information, please contact:
`• AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043,
`www.adr.org (phone 1.377.495.4185) or
`• JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018,
`wsyssr.jamsadr.cam (phone 1800-352-5267).
`If both'AAA and JAMS are completely unavailable, and if you and
`we cannot agree on a substitute, then either you or we may request
`that a court appoint a substitute.
`Fees and Costs. If you wish to begin arbitration against us but
`you cannot afford to pay the organization's or arbitrator's costs, we
`will advance those costs if you ask us in writing. Any request like
`this should be sent to Discover, PO Box 30421, Salt take City, UT
`84130.0421. If you lose the arbitration, the arbitrator will decide
`whether you must reimburse us for money we advanced for you
`for the arbitration. If you win she arbitration, we will not ask for
`reimbursement of money we advanced, Additionally, if you win the
`arbitration, the arbitrator may decide that you are entitled to be
`reimbursed your reasonable attorneys' fees and costs (if actually
`paid by you).
`
`Hearings and Decisions. Arbitration hearings will take place in
`the federal judicial district where you live. A single arbitrator will
`be appointed.
`The arbitrator must:
`• Follow all applicable substantive law, except when
`contradicted by the FAA;
`• Follow applicable statutes of limitations;
`• Honor valid claims of privilege;
`• Issue a written decision including the reasons for the award.
`The arbitrator's decision will be final and binding except for any
`review allowed by the FAA. However, if more than 5100,000
`was genuinely in dispute, then either you or we may choose to
`appeal to a new panel of three arbitrators. The appellate panel
`is completely free to accept or reject the entire original award
`or any part of it. The appeal must be filed with the arbitration
`organization nor later than 30 days after the original award issues.
`The appealing party pays all appellate costs unless the appellate
`panel determines otherwise as part of its award.
`Any arbitration award may be enforced (such as through a
`judgment) in any court with jurisdiction.
`Other Beneficiaries of this Provision. In addition to you and
`us, the rights and duties described in this arbitration agreement
`apply to: our Affiliates and our and their officers, directors and
`employees; any third party co-defendant of a claim subject to this
`arbitration provision; and all joint Accountholders and Authorized
`Users of your Account(s).
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`ARBITRATION
`
`Survival of this Provision, This arbitration provision shall survive:
`• closing of your Account;
`• voluntary payment of your Account or any part of it;
`• any legal proceedings to collect money you owe;
`• any bankruptcy by you; and
`• any sale by as of your Account.
`
`You Have the Right to Reject Arbitration for this Account.
`You may reject the arbitration agreement but only if we
`receive from you a written notice of rejection within 30 days
`of your receipt of the Card after your Account is opened.
`You must send the notice of rejection to: Discover, PO Box
`30938, Salt Lake City, UT 84130-0938. Your rejection notice
`must include your name, address, phone number, Account number
`
`and personal signature. No one else may sign the rejection notice
`for you. Your rejection notice also must not be sent with any
`other correspondence. Rejection of arbitration will not affect your
`other rights or responsibilities under this Agreement. if you reject
`arbitration, neither you nor we will be subject to the arbitration
`provisions for this Account.
`
`Your Billing Rights:
`Keep This Document For Future Use
`This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
`What To Do If You Find A Mistake On Your Statement
`If you think there is an error on your statement, write to us at:
`Discover
`PO Box 30421
`Salt take City. UT 84130-0421
`
`ln your letter, give us the following information:
`• Account information: Your name and account number,
`• Dollar amount; The dollar amount of the suspected error.
`• Date; The dare of the suspected error.
`• Ilegtgion_citoroblem; II you think there is an error on your bill, describe what you believe is wrong
`and why you believe it is a mistake.
`
`You must contact us:
`• Within 60 days after the error appeared on your statement.
`• By 5:00 mi Eastern Time on the date of your scheduled automated payment withdrawal if you want
`to cancel or modify your payment.
`You must notify us of any potential errors in writing. You may call us, but if you do we are not
`necessarily required to investigate any potential errors and you may have to pay the amount
`in question.
`
`What Will Happen After We Receive Your Letter
`
`When we receive your letter, we must do two things:
`1. Within 30 days of receiving your letter, we must tell you in writing that we received your letter. We will
`also tell you if we have abeady corrected the error.
`2. Within 90 days of receiving your letter, we mast either correct the error and notify you in writing of the
`correction or ei.plain to you in writing why we believe the bill is correct.
`
`While we investigate whether or not there has been an error:
`• We cannot try to collect the amount and related interest in question or report you as delinquent on
`that amount.
`• The charge in question may continue to appear on your statement.
`• While you do not have to pay the amount in question, you are responsible for the remainder of
`your balance.
`• We can apply any unpaid amount against your credit Emit
`
`After we finish our investigation, one of two things will happen:
`• If we made a mistake: You will not have to pay the amount in question or any interest or
`other fees related 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. We will send you a statement of the amount you owe and the date
`payment is due. We may then report you as delinquent if you do not pay the amount we think you
`owe.
`
`If you receive our explanation but still believe your hill is wrong, you must write to us within 10 days telling
`us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting
`that you are questioning your bill. We must tell you in writing the name of anyone to whom we reported you
`as delinquent, and we must let those organizations know when the matter has been settled between us.
`
`If we do not follow all of the rules above, your:fa not have to pay the first S50 of the amount you question
`even if your bill is correct.
`
`Your Rights.lf You Are Dissatisfied With Your Credit Card Purchases
`
`If you are dissatisfied with the goods or services that you have purchased with your credit card, and you
`have tried in good faith to correct the problem with the merchant, you may have the right not to pay the
`remaining amount due on the purchase.
`
`To use this right, all of the following must be true:
`I. The purchase must have been made in your home stare or within 100 mites of your current mailing
`address, and the purchase price must have been more than 550. (Note: Neither of these are necessary
`if your purchase was based on an advertisement we mailed to you, or if we own the company that
`sold you the goods or services, or if the company that sold you the goods or services owns us.)
`
`2. You must have used your credit card for the purchase. Purchases made with cash advances Irom an
`ATM or with a check that accesses your credit card account do not qualify.
`
`If all of the criteria above are met and you are still dissatisfied with the purchase,
`contact us in writing at:
`Discover
`PO Box 30045
`Safi Lake City, LIT 84130-0915
`
`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. Al that point, if we think you owe an amount and you do
`not pay, we may report you as delinquent.
`
`-4-
`
`

`

`EXHIBIT “B”
`EXHIBIT "B"
`
`

`

`DISCOVER
`
`ACCOUNT SUMMARY
`
`Previous Balance
`Payments and Credits
`Purchases
`Balance Transfers
`Cash Advances
`Fees Charged
`Interest Charged
`
`New Balance
`
`$2,672.53
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`$2,672.53
`
`See Interest Charge Calculation section following the
`Transactions section for detailed APR information
`
`Credit Line
`
`Credit Line Available
`
`Cash Advance Credit Line
`
`Cash Advance Credit Line Available
`
`You may be able lo avoid interest on Purchases.
`See reverse for details.
`
`$2,700
`
`$0
`
`$200
`
`$0
`
`Discover it' Card
`Account number ending in 539
`Open Date: Jan 20, 2017- Close Date: Feb 19, 2017
`Cardmem ber Since 2015
`
`PAYMENT INFORMATION
`New Balance
`Minimum Payment Due
`Payment Due Date
`• Includes past due amount of;
`
`Page 1 of 4
`
`$2,672.53
`5315.00
`march 14, 2017
`$261.00
`
`Late Payment Warning: If we do not receive your minimum payment by the
`date listed above, you may have to pay a late fee of up to $37.00.
`Minimum Payment Warning; If you make only the minimum payment each
`period, you will pay more in interest and it will take you longer to pay off your
`balance. For example:
`
`If you make no additions! charges:
`Using this card and each Month ,
`you Foy.-- (cid:9)
`•:- (cid:9)
`. -7 .. *.
`Only she minimum payment
`
`You will pay off the. -, .
`balance shown on this
`staternent in about.:.
`6 years
`
`And you will end up
`paying 011 estimated total
`• . (cid:9) „
`of....... (cid:9)
`-. (cid:9)
`:: (cid:9)
`$2,673
`
`If you would like information about credit counseling services, call 1 -800-347.1121.
`
`REWARDS
`Cashback Bonus
`
`Opening Balance
`New Coshbock Bonus This Period
`Redeemed This Period
`Cashback Bonus Balance
`To !eau" more, log in at Discover.com
`
`Anniversary Month
`August
`0.00
`0.00
`0' 00
`0.00
`
`S (cid:9)
`- 5 (cid:9)
`
`NOTICE: SEE REVERSE SIDE FOR IMPORTANT IN