1. Agreement. These regulations govern the possession and use of credit cards (“card”) issued by Erie Metro FCU (“Issuer”). Each person who applies for a credit card and in whose name the card is issued (“Holder”) consents and agrees to these regulations and to the accompanying Disclosure Table, as both may change from time to time, and to the terms contained on the credit cards, sales drafts, credit adjustment memos and cash advance drafts, signed by or given to Holder or any authorized user of Holder’s cards. When cards are issued upon the application of two or more persons, all such persons shall be jointly and severally liable as Holders. The provisions of these regulations, as amended from time to time, govern Holder’s obligations notwithstanding any additional or different terms contained in sales drafts, credit adjustment memos, cash advance drafts or other forms signed by or given to Holder or any user of Holder’s cards to evidence a card transaction. Holder authorizes an investigation of Holder’s credit standing prior to the issuance of a credit card to Holder and at any time thereafter and authorizes disclosure of information to third parties relating to Holder’s credit standing. These regulations apply to all cards issued to Holder or to others on Holder’s authorization and to any user of Holder’s cards.
2. Membership Fees. As a condition of participation in the Issuer’s credit plan and the issuance of a card, Holder agrees that there is no annual membership fee for Mastercard consumer and business accounts. The Holder is entitled to two Mastercards on joint accounts. Holder agrees to pay a fee for each additional card requested. Please see the Disclosure Table for fees charged.
3. Use of Card. Credit for purchases from a merchant or a cash advance from a participating financial institution may be obtained by Holder or an authorized user of Holder’s card presenting one of Holder’s cards to the merchant or participating financial institution and, if requested, by providing the proper identifying information and signing the appropriate drafts. Failure to sign a draft does not relieve the Holder of liability for purchases made or cash received. The use of this card for illegal transactions is prohibited. The card may also be used to obtain cash advances from certain automated equipment provided it is used with Holder’s correct Personal Identification Number (“PIN”) issued to Holder. Holder may make only two cash advance withdrawals totaling not more than $300 each day from compatible ATM terminals. Terminals or terminal operators may have other limits on the amounts or frequency of cash withdrawals. Holder will not be liable for the unauthorized use of the card or PIN issued to Holder which occurs before issuer receives formal notification of loss, theft or possible unauthorized use of a card or PIN. Lost or stolen cards or PINS should be reported immediately to Issuer by notifying CUSTOMER SERVICE, P.O. Box 31535, Tampa, FL 33631-3535, and Telephone (866) 839-3485. Your first Notice to us of unauthorized use may be oral, but must be confirmed in writing.
4. Use of Erie Metro FCU Card Checks. Credit obtained by use of a Balance Transfer Check shall be treated as a credit purchase. Credit obtained by use of Classic or Premier Check shall be treated as a cash advance.
5. Credit Line. Holder will from time to time be informed of the amount of the approved credit line established for Holder, and Holder agrees not to make credit purchases or borrowings in excess of that amount. Holder is liable for all purchases and borrowings made with Holder’s cards by Holder or by anyone authorized to use Holder’s cards.
6. Payment. Holder will be furnished a monthly statement for each billing period at the end of which there is an undisputed debit or credit balance of $1.00 or more. Holder shall pay within 25 calendar days after each statement Closing Date either (a) the full amount billed (“New Balance”) or, at Holder’s option, (b) a minimum Payment of $10.00 or 3.5% of the New Balance, whichever is greater. Payments may be mailed to Erie Metro FCU, P.O. Box 31021, Tampa, FL 33631-3021. Payments may be made, in person, at an Erie Metro FCU main office. Payments received after 5:00 p.m. New York Time on any processing day or at any time on any non-processing day will be considered as payments made on the following processing day. All payments by Holder will be applied (a) first to payment of Interest Charges in the order of their entry to the account, (b) second to additional fees and credit insurance charges, if any, in the order of their entry to the account, (c) third to previously billed cash advances, purchases and other similar charges in the order of their entry to the account, and (d) then to current cash advances, purchases and other similar charges in the order of their entry to the account.
7. Interest Charges. Holder shall pay Interest Charges as shown on Holder’s monthly statements, for each billing period in which there is a cash advance or the Previous Balance is not paid in full prior to the Closing Date of the billing statement. For cash advance fees, please see the Disclosure Table. We figure the Interest Charges on your account by applying the monthly Periodic Rate to the entire “Balance Subject to Interest Rate.” The additional charge for cash advances shall not apply to any cash advance obtained under a separate credit agreement with Holder and written in connection with this agreement. The “Balance Subject to Interest Rate” is the “average daily balance,” of the account (including current transaction). To calculate the “average daily balance,” we take the beginning balance of the account each day, add any new cash advances, credit purchases and other charges, and subtract any payments or credits, unpaid late charges, unpaid membership fees and unpaid Interest Charges. This gives us the day balance. Then, we add up all of the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “AVERAGE DAILY BALANCE.” Interest Charges for credit purchases begin on the date the purchase is posted to the account unless the Previous Balance shown on the statement is paid in full prior to the Closing Date of the statement. Credit purchases made during the statement period and the Previous Balance will be excluded from the calculation of the “average day balance” if the Previous Balance shown on the front of the statement was paid in full prior to the Closing Date of the statement. The Interest Charges for cash advances begin on the date the advance is posted to the account. Holder may avoid additional Interest Charges on an account by paying in full the New Balance shown on the accounts monthly statement within 25 days after the Closing Date for that statement.
8. Fixed Annual Percentage Rate. The current monthly Periodic Rate and corresponding ANNUAL PERCENTAGE RATE for new accounts are disclosed on the accompanying card mailer. The ANNUAL PERCENTAGE RATE will apply both to the outstanding balances in the account and to new cash advances, (including any balance transfers from other credit card accounts), credit purchases, and other charges.
9. Additional Fees. For a listing of fees charged in association with this card, please see the Disclosure Table accompanying this Agreement. These charges will not be imposed if Holder’s request is in connection with or delivery of the documents in response to an alleged billing error under Regulations E or Z issued by the Board of Governors of the Federal Reserve System. Fees imposed will be posted to Holder’s account.
10. Security Interest. All credit advanced to Holder for credit purchases or cash advances constitutes loans made by Issuer to Holder in the State of New York. Issuer disclaims as security for loans made to Holder under these regulations any security interest it may at any time have in household goods or real property. Except as disclaimed above, loans made to Holder after the effective date of these regulations may be secured by collateral given by any Holder to secure other loans from Issuer.
11. Insurance. If the Holder is eligible and elects to participate in the group credit life, disability and loss of income insurance program by signing the appropriate enrollment forms, insurance charges will be posted to Holder’s account each statement period at the rate disclosed in the enrollment form based upon the New Balance on the account (including accrued Interest Charges) for each statement period. CREDIT LIFE, DISABILITY AND LOSS OF INCOME INSURANCE IS VOLUNTARY AND IS NOT REQUIRED AS A CONDITION TO HOLDER’S PARTICIPATION IN THIS CREDIT PLAN.
12. Foreign Transactions. If a Holder’s card is used to effect a transaction in a foreign currency, the transaction amount will be converted to U.S. dollars by Mastercard International, Mastercard converts currency to U.S dollars using either the government mandated exchange rate or the wholesale exchange rate, in effect one day before the date of the conversion, as applicable. The exchange rate is increased by 1% if the conversion is made in connection with a charge to an account and decreased by 1% if the conversion is made in connection with a credit to an account. The date of conversion by Mastercard may differ from the purchase date and the posting date identified in the monthly statement for the account. Holder agrees to pay charges and accept credits for the converted transaction amounts in accordance with the terms of this paragraph.
13. Disputes. Issuer is not responsible for refusal by any merchant, financial institution or automated equipment to honor or accept a card. Except as provided in the Federal Truth-in-Lending laws (as indicated in the Summary of Billing Rights below), Issuer has no responsibility for merchandise or services obtained by Holder with a card and any dispute concerning merchandise or services will be settled between Holder and the merchant concerned.
14. Default. Holder shall be in “default” if you fail to make your required payment, fail to make your payment on time, break any other promise made under this Agreement, die, file for bankruptcy, or become insolvent, make any false or misleading statement in any application or update of information, fail to give us immediate notice of any unauthorized use of your Card, something happens which we believe may substantially reduce your ability to repay what you owe us, you breach any term or condition of any other loan(s) you may have with us, or you fail to maintain active membership in Issuer. If any of the above events occur, you will no longer be able to make charges until the default condition is resolved. In addition, Issuer has certain rights which are designed to help collect what you owe.
Full Payment Due Immediately: If you are in “default,” we can demand that you immediately pay us the entire amount owed on your account, plus Interest and any other fees. No advance notice is required and you lose your right to make monthly payments under the Agreement and you must pay us in full right away.
Close Account: If you are in “default”, Issuer will close your account and we will notify you in writing to arrange payment terms. Limited Rights to Your Shares and Deposits: If you have been issued a Card that is secured by a specific account or account and you are in “default”, we have certain rights to the shares and deposits in those specific accounts. These are explained in the Security Interest section.
Lawsuit – Collection Expenses: When you are in “default,” we can sue you in a Court of Law. We can also sue anyone who signs as a “co-signer” or “guarantor” under this Agreement. You agree to pay all of our costs and expenses incurred in the collection of your obligations under this agreement, including, but not limited to, reasonable attorney’s fees and court costs. You also agree to pay all of our post-judgment collection costs and expenses, including reasonable attorney’s fees.
15. Termination. Holder’s consent to these regulations may be terminated at any time by surrendering the cards issued to Holder or at Holder’s written request, but such termination shall not affect Holder’s obligations as to any balances or charges outstanding at the time of termination. Termination by any Holder shall be binding on each person in whose name the card is issued. If Holder’s spouse terminates this credit plan, the full amount of Holder’s account (including unpaid Interest Charges) may be declared immediately due and payable. Unless sooner terminated, the privilege to use the cards shall expire on the date shown on the cards. At any time, without liability to Holder and without affecting Holder’s liability for credit previously extended, Holder’s privilege to use the cards may be revoked or limited to the extent not prohibited by law. The cards are and shall remain the property of Issuer and Holder agrees to surrender them to Issuer upon demand.
16. Amendments. Issuer may amend these regulations from time to time by sending Holder advance written notice not less than 90 days prior to the effective date for any charge that is either adverse to Holder’s outstanding balance or increases certain fees, as required by the New York Consumer Act, or not less than 15 days prior to the effective date for other changes, or as may otherwise be required or permitted by law. Issuer may increase or decrease your credit limit, refuse to make an advance, and/or terminate your account at any time for any reason not prohibited by law. To the extent that Issuer indicates in the notice and that the law permits, amendments will apply to Holder’s existing account balance as well as to future transactions. Notices are deemed given when mailed by Issuer to any Holder to the current address for mating monthly statements. Invalidity of any provision of these regulations shall not affect the validity of any other provisions unless otherwise provided by the New York Consumer Act.
17. Governing Law. Holder agrees to be governed by the laws of the State of New York (without regard to its conflict of laws provision) with respect to all aspects of this agreement and its operation, and New York law shall apply except where it may be superseded by Federal law. All statutory references are to the statutes as they may be renumbered or amended from time to time.