DISCOVER BANK vs Gary D Altringer, Sr., 31-CV-21-16, 11012021_Affidavit of Plaintiff_0 (Minnesota State, Itasca County, District Court Jan. 11, 2021) (2024)

`

`31-CV-21-16
`
`Filed in District Court
`State of Minnesota
`1/11/2021 11:04 AM
`
`the Cardmember(s), retn'eved from the record-keeping system described above.
`Exhibit C is a true and accurate copy of information retrieved from DISCOVER PRODUCTS INC.’s
`record-keeping system that shows the current balance due and owing on the Cardmember(s)’ account.
`Exhibit C reflects the balance that includes any activity occurring on the account after the last statement
`(Exhibit B).
`DISCOVER PRODUCTS INC. has access to a system of records maintained by the United States Department
`of Defense, which allows DISCOVER PRODUCTS INC. to ascertain whether a particular person is engaged in
`It is the regular practice of DISCOVER PRODUCTS INC. to
`active duty in any branch of the U.S. military.
`query this system with respect to any account holder prior to initiating a collection action against that account
`holder. DISCOVER PRODUCTS INC. maintains records in the normal course of its business that indicate the
`results of that query. Based on my review of the account records applicable to Cardmember(s), to the best of
`my knowledge and belief the above referenced Cardmember(s) is not engaged in any of the military services of
`the United States.
`
`I declare under penal
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`SUBSCRIBED TO AND SWORN TO before me thi
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`JENNIFER J PLAGEMAN
`NOTARY PUBLIC - OHIO
`MY COMMISSION EXPIRES 06-29-25 3
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`zw1_ALTRINGER SR_1089560_1.5
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`V1.5
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`

`

`DISCOVER"
`
`CARDMEMBER AGREEMENT
`
`31-CV-21-16
`
`Filed in District Court
`State of Minnesota
`27 K CM.TL27K.LIN.0719
`1/11/2021 11:04 AM
`
`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 0F 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 explainedIn that section.
`.
`
`CHANGES T0 YOUR AGREEMENT
`
`The rates, fees and terms of this Agreement may change from time 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 change(s) and a right to reject the change(s). We will not charge any fee or interest charge prohibited by law.
`
`USING YOUR ACCOUNT
`
`Permitted Uses
`
`Authorized Users
`
`Joint Accounts
`
`Checks
`
`Credit Authorizations
`
`You may use your Account for Purchases, Balance Transfers and Cash Advances. You may not use it for illegal transactions.
`
`You may request additional Cards for Authorized Users to make transactions on your Account. You must notify us if you wish to cancel the authority of an Authorized
`User to use your Account. You are responsible for all charges made by your Authorized Users.
`
`If your Account is a joint Account
`o each of you agrees to be liable individually and jointly for the entire amount owed on the Account; and
`0 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 Checks, 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 be liable to you if we decline to authorize a transaction or it anyone refuses your Card,
`Check or Account number.
`
`Credit Lines
`
`We will tell you what your Account credit line is. You must keep your Account
`balance below your 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
`FEES (See your Pricing Schedule for Additional Fees)
`
`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.
`
`Late Fee
`
`Returned Payment Fee
`
`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, if you do not pay the Minimum Payment
`Due by the Payment Due Date, we will charge you a Late Fee. The fee is $28 if you
`
`were not charged a Late Fee during any of the prior six billing periods. Otherwise,
`the fee is $39. This fee will never exceed the Minimum Payment Due that was due
`immediately prior to the date on which the fee was assessed.
`
`institution. we will
`If you make a payment that is not honored by your financial
`charge you a Returned Payment Fee even it the payment is honored after we re-
`submit it. The fee is $28 if you were not charged a Returned Payment Fee during
`
`any of the prior six billing periods. Otherwise. the fee is $39. 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
`
`will take effect on the first day of the billing period that begins during the same
`calendar month that the Prime Rate changes. An increase in the APR will increase
`your interest charges and may increase your Minimum Payment Due.
`
`Penalty APR
`
`None
`
`MAKING PAYMENTS
`
`Payment Instructions
`
`Minimum Payment Due
`
`©2019 Discover Bank, Member FDIC
`
`O You must pay in U.S. dollars. Please do not send cash. Sending cash is not allowed.
`All checks must be drawn on funds on deposit in the U.S.
`0 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.
`o We can accept late payments, partial payments or payments marked
`"payment in full" or with any other restrictive endorsem*nt without
`losing any of our rights under this Agreement.
`
`You may pay the entire New Balance shown on your billing statement at any
`time. Each billing period you must pay at least the Minimum Payment Due by the
`Payment Due Date shown on your billing statement. The Minimum Payment Due
`will be any amount past due plus the greater of:
`c $35: or
`- 2% of the New Balance shown on your billing statement; or
`0 $20, plus any of the following charges as shown on your billing statement: fees
`.1.
`
`- We credit your payments in accordance with the terms contained on your
`billing statement.
`- If you mail your payment to an address other than the address designated on your
`billing statement, there maybe a delay in processing and crediting the payment
`to your Account.
`o if a third party makes a payment on your Account and we return all or a part of
`such payment, then we may adjust your Account for any amount returned. We
`reserve the right to defend ourselves against any demand to return funds we
`have received, and may agree to a compromise of the demanded amount as part
`of a settlement.
`
`for any debt protection product that you enrolled in on or after 2/1I2015; 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 Minimum Payment Due, we may subtract from the New Balance
`certain fees added to your Account during the billing period. The Minimum Payment
`Due is rounded up to the nearest dollar.
`
`

`

`MAKING PAYMENTS
`
`How We Apply Payments
`
`INTEREST CHARGES
`
`How We Calculate Interest
`Charges—Bail Balance
`Method (inclu ing current
`transactions)
`
`Paying Interest
`
`31-CV-21-16
`
`Filed in District Court
`State of Minnesota
`1/11/2021 11:04 AM
`
`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.
`
`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.
`0 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.
`0 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
`0 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.
`o 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 fees 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 on
`Balance Transfers or Cash Advances.
`How to Avoid Paying Interest on Purchases (”Grace Period")
`If you paid the New Balance on your previous billing statement by the Payment
`
`Due Date shown on that billing statement, we wiii 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.
`
`l
`
`OTHER IMPORTANT INFORMATION
`
`Default
`
`Collection Costs
`
`Merchant Disputes
`
`Automatic Account
`Information Updates
`
`Our Privacy Policy
`
`Credit Reporting Agency
`Information
`
`Our Communications
`with You
`
`You are in default if:
`e you file bankruptcy or another insolvency proceeding is filed by you or against you;
`0 we have a reasonable belief that you are unable or unwilling to repay your
`obligations to us;
`o you die or are legally declared incompetent or incapacitated;
`
`0 you fail to comply with the terms of this Agreement or any 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 yourAccount, we may charge you our legal costs as permitted by law. These include reasonable attomeys' 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 yourAccount. 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 and/or any third party. At our request, you agree to provide this assignment in writing.
`
`You may set up automatic billing or store your Account information with an Affiliate,
`merchant, wallet provider, or other third party ("Permitted Party").
`If you do, you
`authorize us to share your Account information, which may include your rewards
`account balance, with the Permitted Party, regarding the use of your Account If your
`
`Account information changes, which may include your billing address, you authorize us
`to provide this updated information to any such Permitted Party at our discretion. You
`must contact the Permitted Party directly or remove your credit card information from
`the Permitted Party website if you wish to stop automatic billing or Account updates.
`
`We send you our Privacy Policy when you open your Account and annually.
`Contact us or visit Discover.com if you would like a copy. Please read it carefully.
`It summarizes:
`0 the personal information we collect;
`
`You authorize us to review your credit, employment, and income for the purpose of
`this Account, as well as to consider you for other products and services. 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. If you believe
`
`o how we safeguard its confidentiality and security;
`t when it may be shared with others; and
`- how you can limit our sharing of this information.
`
`that information we reported is inaccurate or incomplete, please write us at Discover,
`P.0. Box 30939, Salt Lake City, UT 84130-0939. Please include your name. address,
`home phone number and Account number.
`
`You agree that we, our Affiliates, and agents, including service providers ("Authorized
`Parties") may contact you, including calls, text message or email, about any current or
`future accounts or applications, with respect to all products you have with us at any
`phone number or email (i) you have provided to us, (ii) from which you contacted us,
`or (iii) which we obtained and believe we can reach you at, even if your phone provider
`may charge you message and data rates for calls ortexts. You agree thatthe Authorized
`Parties may record or monitor any calls between you and the Authorized Parties. You
`agree to notify us if you change or discontinue using any phone number you provide.
`
`You agree that the Authorized Parties may contact you using an automatic dialer or
`pre-recorded voice message. If you no longer wish to be contacted on your cell phone
`by an automated dialer or pre-recorded voice message, you must provide us written
`notice cancelling your consent at this address: Discover Bank, P.0. Box 30937, Salt Lake
`City. UT 84130-0937. The written notice must include: your name, mailing address,
`the last four digits of your Account number and the specific cell phone number(s) for
`which you would like to cancel your consent to be contacted by an automated dialer
`or prerecorded voice message.
`
`Unauthorized Use
`
`You must notify us immediately if:
`0 your Card is lost or stolen; or
`
`0 you believe someone is using your Account or a Card without your permission.
`
`

`

`31-CV-21-16
`
`Canceilation of '
`Your Account
`
`0 You may cancel your Account. You will remain responsible for any amount you
`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.
`
`OTHER lMPORTANT iNFORMATlON
`
`Filed in District Court
`State of Minnesota
`1/11/2021 11:04 AM
`o We may cancel, suspend or not renew your Account at any time without notice.
`
`Purchases and Cash Advances
`in Foreign Currencies
`
`If you make a Purchase or Cash Advance in a foreign currency, we will convert
`it to U.S. dollars using a rate we choose. This rate will either be a government-
`mandated rate, a government-published rate or the interbank exchange rate,
`
`depending on the country and currency in which the transaction is made. We
`use the rate in effect on the conversion date for the transaction. This rate may
`be different than the rate in effect on the Transaction Date for the transaction.
`
`Governing Law
`
`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.”
`
`Severability
`
`Except as set forth in the ”Arbitration" section, if any part of this Agreement is found to be invalid, the rest of it will still remain in effect.
`
`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
`
`MILITARY BORROWERS
`
`Statement of MAPR
`
`Oral Disclosures
`
`CONTACT US
`
`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.
`
`Federal law provides important protections to members of the Armed Forces and
`their dependents relating to extensions of consumer credit. ln general, the cost of
`consumer credit to a member of the Armed Forces and his or her dependent may
`not exceed an Annual Percentage Rate of 36 percent. This rate must include, as
`applicable to the credit transaction or account: (l) the costs associated with credit
`(2) fees for ancillary products sold in connection with the
`insurance premiums;
`
`credit transaction; (3) any application fee charged (other than certain application
`fees for specified credit transactions or accounts); and (4) any participation fee
`charged (other than certain participation fees for a credit card account).
`lf you
`would like more information about whether this section applies to you, please
`contact us at 1-844-DFS-4MIL (1-844-337-4645) anytime 24/7. lf calling outside
`the U.S. you can contact us at +1-801-451-3730.
`
`Before agreeing to this Agreement, in order to hear important disclosures and payment information about this Agreement, please call 1-844-DFS-4MlL (I ~1344-3374645)
`anytime 24/7. if calling outside the U.S. you can contact us at +1-801-451-3730.
`
`Unless we tell you otherwise, you can notify us: 0 by phone at 1-800-347-3085 or 0 in writing to Discover, P.0. Box 30943, Salt Lake City, UT 84130-0943.
`When writing, please include your name. address, home phone number and Account number. You must contact us within 15 days after changing your 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 for:
`0 obtaining cash from participating automated teller machines, financial institutions or other
`locations; and
`o online gambling, or to purchase lottery tickets, money orders, casino chips, foreign currency or
`similar items.
`
`"Check" means any check we send to you to access your Account.
`"Pricing Schedule" means the 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 StreetJournal 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.
`us and our
`referto Discover Bank, the issuerofyour Card.
`We,
`"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. ln the event of a dispute between you
`and us arising out of or relating to this Account or the relationships
`resulting from this Account or any other dispute between you
`or us ("Claim”), either you or we may choose to resolve the
`instead of in
`Claim by binding arbitration, as described below,
`court. Any Claim (except for a claim challenging the validity or
`including the Class
`enforceability of this arbitration agreement,
`Action Waiver) may be resolved by binding arbitration if either
`side requests it. THIS MEANS IF EITHER YOU 0R WE CHOOSE
`ARBlTRATlON, NElTHER PARTY SHALL HAVE THE RlGHT T0
`LlTlGATE SUCH CLAIM IN COURT 0R T0 HAVE AJURY TRIAL. ALSO
`DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
`Even if all parties have opted to litigate a Claim in court, you or
`we may elect arbitration with respect to any Claim made by
`a new party or any new Claims later asserted in that lawsuit.
`This Arbitration Provision does not apply if, on the date you
`submit your Application or on the date we seek to invoke our
`arbitration provision, you are a member of the Armed Forces
`
`or a dependent of such a member covered by the federal
`Military Lending Act.
`If you would like more information
`about whether you are covered by the Military Lending Act,
`please contact us at 1-844—DFS-4MIL (1-844-337-4645) or
`if you are calling from outside the U.S. at +1-801-451-3730.
`CLASS ACTION WAIVER. ARBITRATION MUST BE 0N AN
`INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY
`JOIN 0R CONSOLIDATE CLAIMS IN ARBITRATION BY 0R
`AGAINST OTHER CARDMEMBERS, OR LITIGATE IN COURT 0R
`ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER
`0F A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
`The arbitrator may award injunctive relief only in favor of the
`individual party seeking relief and only to the extent necessary
`to provide relief warranted by that party’s individual claim. The
`arbitrator may not award class, representative or public injunctive
`relief. If a court decides that applicable law precludes enforcement
`ofanyofthis paragraph's limitations astoaparticularclaim forrelief,
`then after all appeals from that decision have been exhausted, that
`
`claim (and only that claim) must be severed from the arbitration and
`may be brought in court. Only a court, and not an arbitrator, shall
`determine the validity, scope, and effect of the Class Action Waiver.
`Your Right to Go To Small Claims Court. We will not choose
`to arbitrate any individual claim you bring in small claims court
`or your state's equivalent court. However, if such a claim is
`transferred, removed or appealed to a different court, we may
`then choose to arbitrate.
`Governing Law and Rules. This arbitration agreement isgoverned
`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 the 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.
`
`-3-
`
`

`

`ARBII'RATION.
`
`For a copy of each organization’s procedures, to file a claim or for
`other information. please contact:
`o AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org
`(phone 1-877-495-4185) or
`01AMS at 620 Eighth Ave., Floor 34, New York, NY 10018,www.
`jamsadrmm (phone 1-800-352-5267).
`If both AAA and JAMS are completely unavailable, and if you and
`we cannot agree on a substitute, then eitheryou or we may request
`that a court with jurisdiction 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, P.0. Box 30421, Salt Lake 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 the arbitration, we will not ask for
`reimbursem*nt 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;
`0 Follow applicable statutes of limitations;
`- Honor valid claims of privilege;
`
`31-CV-21-16
`
`Filed in District Court
`State of Minnesota
`1/11/2021 11:04 AM
`
`0 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 $100,000 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 not 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.
`Claim Notice and Special Payment. If you have a Claim, before
`initiating an arbitration proceeding, you may give us written notice
`of the Claim ("Claim Notice") at least 30 days before initiating the
`arbitration proceeding. The Claim Notice must include your name,
`address, and account number and explain in reasonable detail the
`nature of the Claim and any supporting facts. Any Claim Notice shall
`be sent to us at Discover, P.0. Box 794, Deerfield, IL 60015 (or such
`other address as we shall subsequently provide to you). If, and only
`if, (1) you submit a Claim Notice in accordance with this agreement
`on your own behalf (and not on behalf of any other party); and (2)
`an arbitrator, after finding in your favor in any respect on the merits
`of your claim, issues you an award that (excluding any arbitration
`fees or attorneys‘ fees and costs awarded by the arbitrator)
`is
`greater than the value of Discover's last written settlement offer
`made before an arbitrator was selected, then you will be entitled to
`the amount of the award or $7,500, whichever is greater. If you are
`entitled to the $7,500, you will receive in addition any arbitration
`fees or attorneys' fees and costs awarded by the arbitrator.
`Any arbitration award may be enforced (such as through a
`
`v
`
`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).
`Survival of this Provision. This arbitration provision shall survive:
`0 closing of your Account;
`- voluntary payment of your Account or any part of it;
`0 any legal proceedings to collect money you owe;
`I any bankruptcy by you; and
`0 any sale by us of your Account.
`You Have the Right to Reject Arbitration for this Account.
`You may reject the arbitration agreement but only if we
`receive from you a written notice of rejection within 30 days
`of your receipt of the Card after your Account is opened.
`You must send the notice of rejection to: Discover, P.0. 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. lf you reject
`arbitration, neither you nor we will be subject to the arbitration
`provisions for this Account. Rejection of arbitration forthis Account
`will not constitute rejection of any prior or future arbitration
`agreement between you and us.
`
`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 0n Your Statement
`If you think there is an error on your statement, write to us at:
`Discover
`P0 Box 30421
`Salt Lake City, UT 84130-0421.
`You may also contact us on the Web: https:/Idiscover.com/billingerromotice
`in your letter or on the Web, please give us the following information:
`c Account information: Your name and account number.
`- Dollar amount: The doll