Bank of the South Online

Tuesday, September 07, 2010

Privacy Policy Overdraft Policy Security Statement Credit Card Disclosures

Privacy Policy

At Bank of the South, we understand that privacy is an important concern for our customers, and we recognize our responsibility to keep the information the customers provide to us secure and confidential. We recognize that whether the customer is an existing customer or is considering a deposit relationship with Bank of the South, he has an interest in how we collect, retain, and use information about him and his business relationship with us. We respect the privacy of our customers and are committed to treating customer information responsibly.

We collect, retain, and use information about our customers only where we reasonably believe that it will help administer our business or provide products, services, and other opportunities for our customer. We will tell the customer why we are collecting and retaining it upon request. We use information to protect and administer their records, accounts, and funds; to comply with certain laws and regulations; to help us to design or improve our products and services; and to understand their financial needs so that we can provide them with quality products and services.

Maintenance of Accurate Information:   We continually strive to maintain complete and accurate information about the customer and their accounts. Should a customer believe that our records contain inaccurate or incomplete information, they may notify us. We will investigate their concerns and correct any inaccuracies.

Employee Access to Information:   At Bank of the South, employee access to customer information is authorized for business purposes only and is based on the sensitivity of the information and the need of the employee to know. We remind employees regularly of their obligations in regard to customer privacy. Misuse or disregard of this obligation will result in disciplinary action, including termination in appropriate cases.

Protection of Information via Established Security Procedures:   Bank of the South is committed to the security of our customers' financial and personal information. All of our operational and data processing systems are in a secure environment that protects customer account information from being accessed by third parties. We maintain and grant access to customer information only in accordance with our internal security standards.

Restrictions on the Disclosure of Account Information:  We do not reveal specific information about customer accounts or other personally identifiable data to outside parties for their independent use unless:

The customer requests or authorizes it

The information is provided to help complete a transaction initiated by the customer

The information is provided to a reputable credit bureau or similar information reporting agency

The disclosure otherwise is lawfully permitted or required. We do not provide account or personal information to non Bank of the South companies for the purpose of independent telemarketing or direct mail marketing of any non-financial products or services of those companies.

Information Reported to Consumer Reporting Agencies:  Under the Fair Credit Reporting Act, you have the right to notify us if we have reported inaccurate information about your account to any Consumer Reporting Agency. Such notices should be sent in writing and include your complete name, current address, social security number, telephone number, account number, type of account, specific item of dispute and the reason you believe the information reported is in error. Send your notice to: Bank of the South, P. O. Box 3229, Pensacola, FL 32507. We will investigate your complaint and correct any inaccuracies and confirm our actions to you.

Your request must be mailed separately from any other bank correspondence. Please note that you may make this request only on your own behalf and not for anyone else, including joint account holders. We will process your request as soon as possible after we receive it.

Maintaining Customer Privacy in Business Relationships With Third Parties:  When the Bank conducts business with third parties, it requires its vendors and suppliers to maintain similar standards of conduct regarding the privacy of personally identifiable customer information provided to them.

Providing Privacy Information to Customers and Responding to Inquiries:  At Bank of the South, we value our customer relationships. We want the customers to understand how we use the information they provide and our commitment to ensuring their personal privacy. If the customers have any questions about how we protect their confidential information, they may contact us at 850-456-5722.

Overdraft Policy

We can help you control fees on your account by limiting the circumstances under which your account can be unexpectedly overdrawn. Unless you ask us to, we will not authorize and pay withdrawals made at ATMs, or everyday debit card transactions that would cause your account to be overdrawn. This does not affect payment methods such as checks or other transactions using your checking account number.

If you would like us to authorize and pay ATM and everyday debit card transactions at our discretion, you can fill out a request using the form below and return it to us. Otherwise beginning June 1, 2010 for all new customers, and August 15, 2010 for all existing customers, all accounts will by default be enrolled in our standard overdraft practice which does not allow your account to authorize and pay ATM and everyday debit card transactions.

Click here to download our Overdraft Options form.

Remember you can change your mind and opt in or out as often as you want.

Security Statement

This Internet Banking System brings together a combination of industry-approved security technologies to protect you, our customer. It features password-controlled system entry, a VeriSign-issued Digital bank's server, Secure Sockets Layer (SSL) protocol for data encryption, and a router loaded with a firewall to secure and regulate the inflow and outflow of server traffic.

Secure Access and Verifying User Authenticity:  To begin a session with the bank's server the user must key in a Log-in ID and a password. Our system, the Internet Banking System, uses a "3 strikes and you're out" lock-out mechanism to deter users from repeated login attempts. After three unsuccessful login attempts, the system locks the user out, requiring either a designated wait period or a phone call to the bank to verify the password before re-entry into the system. Upon successful login, the Digital ID from VeriSign, the experts in digital identification certificates, authenticates the user's identity and establishes a secure session with that visitor.

Secure Data Transfer:  Once the server session is established, the user and the server are in a secured environment. Because the server has been certified as a 128-bit secure server by VeriSign, data traveling between the user and the server is encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. In short, the bank's server issues a public key to the end user's browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the whole process starts over when a new end user makes a server session.

Router and Firewall:  Requests must filter through a router and firewall before they are permitted to reach the server. A router is a type of electronic hardware that works in conjunction with the firewall, a type of security software, to filter, block, and direct traffic coming to the server. The configuration begins by blocking ALL traffic and then opens holes only when necessary to process acceptable data requests, such as retrieving web pages or sending customer requests to the bank.

In Case of Errors Or Questions About Transactions Covered In This Agreement:  Customer must call Bank of the South at 850-456-5722 or write to Bank of the South, P. O. Box 3229, Pensacola, FL 32516 as soon as possible if Customer thinks his statement is wrong or if Customer needs more information about a transfer or payment covered by this Agreement which is listed on their statement. Bank must hear from Customer no later than 60 days after Bank sent the first statement on which the problem or error appeared. Information should include: Customer's name and account number; Describe the error, payment or transfer the customer is unsure about, and explain as clearly as Customer can why Customer believes it is an error and why Customer needs more information; tell the Bank the dollar amount of the suspected error. If Customer tells Bank of the suspected error orally, Bank shall require that Customer send Bank the complaints or question in writing within 10 business days. Bank will tell Customer the results of Bank's investigation within 10 business days after Bank hears from Customer and will correct any error promptly. If Bank needs more time to investigate, Bank may take up to 45 additional days to investigate Customer's complaint or question. If the transaction was not initiated in any state, territory or possession of the United States, the initial investigation period will be 20 business days instead of 10 business days, and 90 business days instead of 45 business days, for an expanded investigation. If Bank decides that there was no error, Bank will send Customer a written explanation within 3 business days after the investigation is finished. Customer may ask for copies of the documents that Bank used in its investigation.

Customer Liability:  If Customer believes Customer's Internet Banking ID and/or password or other means of access have been lost or stolen, and customer notifies Bank of the South in writing, which notice is received within two business days after Customer learns of the loss or theft, Customer will not be shall be responsible for more than $50.00 if someone used them without Customer's authority after receipt of notice. If Customer does not tell Bank of the South within two business days after Customer learns of the loss or theft of Customer's User ID and/or Password or other means of access, Customer shall be responsible for the full amount of payments or transfers made by someone using them without Customer's authority until Bank of the South receives notice, as more fully described above in this paragraph. If Customer's statement shows payments or transfers covered by this Agreement that Customer did not make or authorize, Customer must notify Bank at once. If Customer does not notify the Bank of the South within 60 days after the statement was mailed to him, the Bank of the South shall have no liability to Customer for such payments or transfers.

Statements:  Customer's Internet Banking transfers will be listed on the monthly statements that Bank of the South provides or makes accessible to Customer. Customer agrees to notify Bank of the South within 60 days if Customer changes address.

Canceling The Service:  To cancel your Internet Service, you must contact Bank of the South in writing to notify us of your decision to cancel. Bank of the South may cancel or suspend your service at anytime without notice.

Law That Applies:  Regardless of where Customer lives or works or where Customer accesses the Bank of the South Web services, this Agreement is subject to the laws of the State of Florida and the Federal Law of the United States of America with, in either event, consideration of conflicts of law principles. If any of the terms of the Agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.

Attorney's Fees:  In the event any action is filed in relation to this Agreement, the unsuccessful party in the action whall pay to the sucessful party in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

Excusable Delay:  No party to this Agreement shall be liable to the other for any loss, cost or damages, arising out of, or resulting from, any failure to perform in accordance with the terms of this Agreement where such failure shall be beyond the reasonable control of such party, which, as employed here, shall be deemed to mean, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, or government action, explosions, fire, floods, or any other cause not within the reasonable control of either party.

Amendments:  The terms and conditions governing Internet Banking including costs and fees may be amended by Bank of the South at anytime upon 30 days advance notice. Your continued use of the service is your acceptance of any Amendment(s) of the Agreement, including any instruction of the use of this service as may be amended from time to time. You agree that any notice from the Bank regarding the service will be sent to you at the Bank's choice, via either electronic mail or standard mail and will be considered delivered at the time sent by the Bank. The Bank of the South may not immediately respond to email, so you should not rely on email to communicate with Bank of the South immediately.

Using the above technologies, your Internet banking transactions are secure.

CREDIT CARD DISCLOSURES REQUIRED BY FEDERAL LAW

1. FINANCE CHARGES:

a) Calculation Methods -Cash Advance: A Credit Purchases: E

   (See reverse side for calculation method descriptions).

b) Periodic Rates used to compute FINANCE CHARGES - Cash Advances: 0.830% per month Credit Purchases: 0.830% per month

Corresponding ANNUAL PERCENTAGE RATES –

Cash Advance: 9.96% Credit Purchases: 9.96%

c) For Cash advances obtained Over the Counter equal to or greater than $0.00 a FINANCE CHARGE equal to the greater of $0.00 or 0.00 % of the cash advance will be imposed; however this charge will not exceed $0.00 for each Over the Counter Cash Advance. For Cash Advances obtained at an Automated Teller Machine (ATM) equal to or greater than $0.00 a FINANCE CHARGE equal To the greater of $0.00 or 0.00% of the cash advance will be imposed; however this charge will not exceed $0.00 for each ATM Cash Advance. A transaction fee may also be imposed by an ATM operator, not holding your account, or by any national, regional or local network used to complete a Cash Advance transaction.

2. OVER LIMIT CHARGES: Cardholder shall immediately pay the amount by which the total New Balance exceeds the maximum authorized credit. An Over Limit Charge equal to the greater of $0.00 ,or 0.00 % of the Amount over limit, shall be imposed, not to exceed $0.00 (For California accounts see, Sec. 9).

3. ANNUAL FEE:

a) A non-refundable Annual Fee of $ 12.00 plus applicable taxes, shall be charged to your account, or -

b) Using Plan 0 (see Sec. 11) An Annual Fee/FINANCE CHARGE OF $0.00 plus applicable taxes shall be charged unless, for the time period analyzed, you charged more than $0.00 or had more than 0 transactions on your card.

4. MINIMUM PAYMENT:

a) The minimum payment required is the New Balance shown on your statement if the amount is equal to or less than $10.00

b) If the New Balance exceeds $10.00 the minimum payment is 5.00% of that portion of the New Balance which does not exceed your credit limit (rounded up to the nearest dollar), or $10.00, whichever is greater, plus the entire portion of the New Balance in excess of your credit limit, plus any amount past due.

5. LATE CHARGES: If the minimum required payment is not received within 10 days after the Closing Date subsequent to the payment Due Date, a late charge equal to the greater of $10.00 , or 0% of the unpaid portion of the past due amount is imposed, but not to exceed $10.00

6. The only FINANCE CHARGES assessed on your account other than those assessed by a periodic rate, will be transaction FINANCE CHARGES in connection with Cash Advances, or International Transaction Fees (i.e. cross-border and/or currency conversion fees) of up to 1%, which may qualify as a FINANCE CHARGE (see item O. on back), if part of your plan. Transactions FINANCE CHARGES for each Cash Advance will be imposed on the date the Cash Advance was posted to your account. No grace period applies on any transaction FINANCE CHARGE imposed for Cash Advances.

7. Documentary stamp taxes as may be required by law shall be imposed on each Cash Advance at the time the loan is made.

8. The annual fee shall be treated as a Credit Purchase for purposes of calculating FINANCE CHARGES, unless prohibited by law.

9. In California a maximum of $10 in Over Limit Fees may be imposed with respect to any charge that causes the outstanding balance to exceed the credit limit by $500 or 120 percent, whichever is less. No more than one over limit charge may be assessed within a single monthly billing cycle.

10. If you have other loans or credit extensions from Issuer, or take out other loans or credit extensions with Issuer in the future, collateral securing those loans or credit extensions will also secure your obligations under this agreement. However, unless you expressly agree otherwise, your household goods and dwelling will not secure your obligations under this agreement even if Issuer has, or later acquires, a security interest in the household goods or a mortgage on the dwelling. If you have executed a written agreement granting a security interest in any deposit accounts (checking, savings, or share accounts) or other funds held by Issuer to secure your obligations under this credit card plan, such accounts and/or funds are additional security for your obligations to Issuer arising from the use of your Card.

11. Annual Fee Plans: Your Annual Fee waiver analysis, under the Plan noted in Section 3.b, only includes the following transactions: Plan 1: Gross Sales; Plan 2: Gross Cash Advances; Plan 3: Net Sales; Plan 4: Net Cash Advances; Plan 5: Gross Sales plus Gross Cash Advance; Plan 6: Net Sales plus Net Cash Advances (Note: Time period analyzed shall be prior 12 month period; however, initial time period may be less than 12 months as it begins on the date you were notified of this program. Annual Fees shall not be waived for cardholders in default).

PERIODIC FINANCE CHARGE CALCULATION METHODS

The periodic Finance Charge Calculation Method applicable to your account for Cash Advances and Credit purchases of goods and services that you obtain through the use of your Card is specified in Section 1 on the Disclosure on the reverse side and explained below:

   Method A - Average Daily Balance (including current transactions). The Finance Charge on purchases begins from the date the transaction is posted to your account and the Finance Charge on cash advances begins from the date you obtained the cash advance, or the first day of the billing cycle in which it is posted to your account, whichever is later. There is no grace period.

   The Finance Charges for a billing cycle are computed by applying the monthly Periodic Rate to the "average daily balance" of your account. To get the average daily balance, we take the beginning balance of your account each day, add any new purchases or cash advances, and subtract any payments, credits, non-accruing fees, and unpaid finance charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.

   Method E - Average Daily Balance (excluding current transactions). To avoid incurring an additional Finance Charge on the balance of purchases (and cash advances if Method E is specified as applicable to cash advances) reflected on your monthly statement, you must pay the New Balance shown on your monthly statement on or before the Payment Due Date. The grace period for the New Balance of purchases extends to the Payment Due Date.

   The Finance Charges for a billing cycle are computed by applying the monthly Periodic Rate to the "average daily balance" of purchases (and if applicable, cash advances). To get the average daily balance, we take the beginning balance of your account each day and subtract any payments, credits, non-accruing fees, and unpaid finance charges. We do not add in new purchases or cash advances. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.

   Method F - Average Daily Balance (including current transactions). To avoid incurring an additional Finance Charge on the beginning balance of cash advances (and purchases, if Method F is specified as applicable to purchases) reflected on your monthly statement, you must pay the Beginning Balance shown on your monthly statement on or before the Payment Due Date. No grace period is provided for current cycle transactions.

   The Finance Charges for a billing cycle are computed by applying the monthly Periodic Rate to the "average daily balance" of cash advances (and if applicable, purchases). To get the average daily balance, we take the beginning balance of your account each day, add any new purchases or cash advances, and subtract any payments, credits, non-accruing fees, and unpaid finance charges . This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.

   Method G - Average Daily Balance (including current transactions). To avoid incurring an additional Finance Charge on the balance of purchases (and cash advances, if Method G is specified as applicable to cash advances) reflected on your monthly statement and, on any new purchases (and if applicable, cash advances) appearing on your next monthly statement, you must pay the New Balance, shown on your monthly statement, on or before the Payment Due Date. The grace period for the New Balance of purchases extends to the Payment Due Date.

   The Finance Charges for a billing cycle are computed by applying the monthly Periodic Rate to the "average daily balance" of purchases (and if applicable, cash advances). To get the average daily balance, we take the beginning balance of your account each day, add any new purchases or cash advances, and subtract any payments, credits, non-accruing fees, and unpaid finance charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.

TERMS GOVERNING THE USE OF YOUR CARD

    The person ("Cardholder") whose name is embossed on the face of the VISA ("Card") enclosed herewith, and each Cardholder, in the event more than one Card is enclosed herewith bearing the same account number, by signing or using said Card, receipt of which is acknowledged, agrees with the Issuer of the Card whose name is printed on the reverse ("Issuer") as follows:

A. Goods and services ("Credit Purchases") may be purchased or leased by means of such card by Cardholder from any retail Business establishment ("seller") who honors same upon the execution of a sales slip evidencing such Credit Purchases and bearing the account number of Cardholder embossed on the face of such Card. Additionally, VISA Cash Advances ("Loans") may be obtained through use of such Card (a) upon execution of a written request of Cardholder in a form furnished to Cardholder from any financial institution that is a member, alone or in association with others, of VISA U.S.A. Inc. and (b) upon execution of a written separate agreement with Issuer for a VISA overdraft financing agreement if offered by Issuer.

B. Cardholder shall be liable and agrees to pay Issuer for Credit Purchases made by, or for Loans extended to, Cardholder or anyone else using such Card unless the use of such Card is by a person other than the Cardholder (a) who does not have actual, implied or apparent authority for such use, and (b) from which Cardholder receives no benefit. Additionally, Cardholder shall be jointly and severally liable and agrees to pay for all Credit Purchases and Loans obtained through the use of any other Card bearing Cardholder's account number that has been issued to another person by reason of such person being a member of Cardholder's family, or otherwise issued upon Cardholder's request (all such Cards bearing the VISA account number hereinafter collectively called ("Related Cards").

C. Cardholder agrees to pay to Issuer an annual membership fee (as stated in the Disclosures on the reverse) for participation in the Issuer's credit card plan. Such annual membership fee shall be imposed whether or not Cardholder uses the card to obtain credit purchases and loans. The membership fee shall be charged to Cardholder's account each year in the month of Issuer's choice. The membership fee is not refundable in the event of termination of the account by either Cardholder or Issuer unless otherwise provided for by law.

D. Each Card is the property of Issuer, is not transferable and must be surrendered upon demand. It can be canceled as well as repossessed by Issuer or its designee, and the privileges thereof revoked, at any time without prior notice.

E. Cardholder shall not use the Card or permit the use of Related Cards to obtain Credit Purchases or Loans, which will increase Cardholder's indebtedness to Issuer to an amount in excess of the limit established by Issuer.

F. All Credit Purchases and Loans are effected at the option of the Seller and Cash Advancing Financial Institution respectively, and Issuer shall not be responsible for refusal by any Seller or Cash Advancing Financial Institution to honor the Card or any Related Card. Any refund, adjustment or credit allowed by Seller shall not be by cash but rather by a credit advice to Issuer which shall be shown as a credit on Cardholder's account statement with Issuer.

G. Issuer will send to Cardholder, at monthly intervals determined by Issuer, a statement reflecting for the prior monthly period all VISA Card and Related Card transactions. Such statement shall be deemed correct and accepted by Cardholder and all holders of Related Card unless Issuer is notified to the contrary in writing within 60 days of mailing of such statement. Cardholder will pay such statement by remitting to Issuer within 25 days of the closing date reflected on the statement either the full amount billed or, at Cardholder's option, an installment equal to at least the required minimum payment stated in Section 4 on the reverse.

H. Interest on Loans and Credit Purchases will be charged in accordance with the finance charge calculation method referred to in Section 1 of the disclosures on the reverse side. The rate of interest shall be established by Issuer from time to time, but shall never exceed the maximum rate permitted by law. The current interest rate per annum is the Annual Percentage Rate set forth in Section 1 of the Disclosures on the reverse side.

I. If the card is canceled or surrender is demanded by Issuer, or if Cardholder defaults in any payment due, or is deceased, bankrupt or insolvent, or any attachment or garnishment proceedings are initiated against Cardholder or his property, Issuer may elect to declare all amounts then owed to Issuer to be immediately due and payable without notice or demand of any kind. If Cardholder has other loans from Issuer, or takes out other loans with Issuer in the future, collateral securing those loans will also secure the Cardholder's obligations under this agreement. However, unless the Cardholder expressly agrees otherwise, the Cardholder's household goods and dwelling will not secure Cardholder's obligations under this agreement even if Issuer has or later acquires a security interest in the household goods or a mortgage on the dwelling. Cardholder agrees to pay all costs incurred by Issuer in collecting Cardholder's indebtedness or in enforcing this agreement, including reasonable attorney's fees and also those costs, expenses and attorney's fees incurred in appellate, bankruptcy and post-judgement proceedings, except to the extent such costs, fees or expenses are prohibited by law.

J. This agreement may be amended from time to time by Issuer by written notice mailed to Cardholder at Cardholder's last known address.

K. Except to the extent that Federal law is applicable, the validity, construction and enforcement of this agreement and all matters arising out of the issuance and use of the Card shall be governed by the laws of the state in which the principal office of Issuer is located.

L. Additional charges, plus applicable taxes, may also be assessed if you pay us with a check not honored by your financial institution, request a copy of a document, request a replacement card or use your card for a transaction at an automated teller machine, if such charges are not prohibited by law or regulation. No finance Charge will be assessed on such additional charges.

M. If it is believed that the Card has been lost or stolen and used in an unauthorized manner, the Cardholder shall contact Issuer AT ONCE, in order to minimize possible losses. In most cases, the Cardholder will not be liable for any unauthorized transactions unless it is determined that the Cardholder was grossly negligent or fraudulent in the handling of the Card. Notification can be made orally or in writing at:

Credit Card Security Department          Telephone Number

P.O. Box 30035                                (727) 570-4881

Tampa, Florida 33630

N. Cardholder agrees that Issuer, its agents or service companies may monitor and/or record any telephone communications with Cardholder.

O. Payments must be made to the Issuer in U.S. dollars drawn on a U.S. Financial Institution. If Cardholder incurs charges in any other currency, the charges will be converted into U.S. dollars. The exchange rate for transactions in a foreign currency will be a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date. All transactions in foreign countries will be subject to a 1% conversion or processing fee.

P. Issuer shall have sole discretion in how payments are applied to cardholder's account. Issuer may accept checks marked "Payment in Full" or with words of similar effect without losing any of Issuer's rights to collect the full balance of Cardholder's account.

Q. Issuer can reinvestigate and reevaluate any information Cardholder provided on Cardholder's credit application at any time, and in the course of doing so, Issuer may ask Cardholder for additional information, request credit bureau reports and/or otherwise verify Cardholder's current credit standing.

R. Cardholder agrees that Issuer may re-release information to others, such as credit bureaus, regarding the status and history of Cardholder's account, However, Issuer is not obligated to release any such information to anyone unless Issuer is required by law to do so.

S. Cardholder agrees that Cardholder's account shall be subject to all applicable rules and regulations of VISA U.S.A. Inc., as applicable, as well as all applicable laws. If there is any conflict between the provisions of this Agreement and the rules and regulations of VISA U.S.A. Inc., the rules and regulations of VISA U.S.A. Inc. shall control. Your Visa Card may not be used for any illegal transaction(s).

Your Billing Rights

This notice tells you about your rights and 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 the address shown on your monthly statement

In your letter, give us the following information:

• Account information:                 Your name and account number.

• Dollar amount:                             The dollar amount of the suspected error.

• Description of problem:            If 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.

• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is 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 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 that we received your letter. We will also tell you if we have already corrected the error.

2. Within 90 days of receiving your letter, we must either correct the error or explain to you 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 in question, or report you as delinquent on that amount.

• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.

• 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 limit.

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 pay-ment 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 bill 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 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, you do not have to pay the first $50 of the amount you question even if your bill is correct.

Your Rights If 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:

1.         The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (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.)

2.         You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that 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 are still dissatisfied with the purchase, contact us in writing at the address shown on your monthly billing statement.