Builder Card Disclosure
The OnePay Builder Card is a secured charge card. All charges made on the Card are due and payable by the Payment Date each month.
Fees^
Card Replacement Fee
$3.00 per card*
^ As described in your OnePay Cash Deposit Account Agreement Fee Schedule, a Cash Out Fee of $3.00 per transaction will be charged on your deposit account on: (1) ATM withdrawals with Debit or Builder Card (waived for Allpoint ATMs); and (2) Barcode Withdraw Cash at Walmart (waived for Plus Customers). Allpoint Network ATM locations can be found in the OnePay App.
*This fee is waived if you have OnePay Cash Plus. See your OnePay Cash Deposit Account Agreement for details about OnePay Cash Plus.
How We Will Calculate Your Balance
This Card is a secured charge card, which means it must be paid in full every month. To calculate your balance, we begin with the outstanding balance from the previous month, and add purchases and transactions posted to your Card Account. We subtract any payments and credits that we receive. If there is still an outstanding balance after the Payment Due Date, you agree that we may consider your Account to be in Default, and funds from your Secured Deposit Account may be applied to satisfy the outstanding difference.
Billing Rights
Information on your rights to dispute transactions and how to exercise those rights is provided in the Builder Credit Card Agreement
OnePay Builder Credit Card Agreement
READ THIS ENTIRE AGREEMENT CLOSELY BEFORE SIGNING
THIS AGREEMENT INCLUDES A JURY TRIAL WAIVER AND A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. YOU WILL BE SUBJECT TO THESE PROVISIONS UNLESS YOU: (I) ARE COVERED BY THE PROTECTIONS OF THE MILITARY LENDING ACT; OR (II) EXERCISE YOUR RIGHT TO OPT OUT OF THESE PROVISIONS. PLEASE REFER TO SECTIONS 16 THROUGH 18 BELOW FOR MORE INFORMATION.
ABOUT YOUR SECURED CREDIT CARD AGREEMENT
Introduction
This OnePay Builder Credit Card Agreement (“Agreement”) is the contract between you, the borrower (“you” or “your”) and Coastal Community Bank, member FDIC (the “Bank”) and are distributed and serviced by OneProgress Services LLC (“OnePay”) on behalf of the Bank. It governs your OnePay Builder Mastercard® Credit Card (“Card”). As used in this Agreement, “we,” “us,” and “our” means the Bank, and its successors, assigns, and agents. Your Card Account is linked to and secured by funds in your OnePay Cash Deposit Account (“OnePay Cash Account”). You do not open a separate account to secure your Card—rather, the Spend Section of your OnePay Cash Account serves as the Secured Deposit Account referenced in this Agreement.Changing the Agreement
We may change this Agreement, including any fees, at any time. If required by law, we will notify you and provide the right to opt out. If you opt out, you may not make new transactions, and you must repay any outstanding balance under the terms of the Agreement then in effect. Changes may apply to existing balances as permitted by law.Definitions
Defined terms used in this Agreement include:“Account” and “Card Account” mean the OnePay Builder Mastercard® credit card account opened for you and subject to the terms of this Agreement.
“Available to Spend Balance” means the money in your Spend Section you can use today for transfers, ACH, or bill pay, after subtracting (i) any Lockbox Amounts for posted card transactions, (ii) any Authorization Holds placed by merchants, and (iii) any deposit holds (for example, uncleared deposits or temporary fraud/legal holds).
“Authorization Hold” means a temporary hold that a merchant requests at the time of purchase authorization. An Authorization Hold reduces your Available to Spend Balance and Card spending power until it is released or matched to a posted transaction. Authorization Holds do not increase the Lockbox Amount.
“Billing Cycle” means the interval between Billing Statements. Each Billing Statement shows a statement closing date, which is the last day of the Billing Cycle.
“Billing Statement” means the periodic statement we provide showing your New Balance, Total Due (if any), and Payment Due.
“Card” means the OnePay Builder Mastercard® credit card issued to you for your Card Account.
“Cash Advance” means cash you obtain on your Card Account by (a) presenting the Card or a credit device we supply to you to any participating Mastercard financial institution to obtain cash, or (b) by using the Card at an Automated Teller Machine (“ATM”) or other device available for this purpose to obtain cash.
“Cash Deposit” means the cash that you deposit into your Card Account using your Card where available. See Section 3.C below.
“Credit Limit” means the maximum amount of credit we allow on your Account.
“Debt” means the total amount you owe to the Bank under this Agreement, whether now existing or arising in the future, and includes, without limitation: (a) All charges and transactions posted to your Card Account, including Purchases, Cash Advances, fees, and any other amounts due under this Agreement; (b) All fees and charges that accrue or become payable under this Agreement as described in the Fee Section; (c) Reasonable costs and expenses the Bank incurs in collecting or enforcing the Debt, including reasonable attorney’s fees (both independent and in-house counsel) and court costs, to the extent permitted by applicable law; and (d) Any renewals, extensions, or replacements of these obligations, together with any adjustments, reversals, or corrections to transactions made under this Agreement. The Debt does not include any other obligations you may owe to the Bank that are unrelated to this Card Account or this Agreement. Your Secured Deposit Account secures only the Debt described above.
“Default” has the meaning given in Section 6.A below.
“Funds” means all money, deposits, and credited amounts held in your Spend Section of your OnePay Cash Account, including amounts reserved in the Lockbox and any proceeds or balances thereof.
“Lockbox Amount(s)” means the portion of Funds within your Spend Section that we earmark or reserve to secure repayment of Card transactions, fees, and other obligations owed under this Agreement. It consists of (i) posted Card balances not yet paid; and (ii) any other amounts we are required to earmark under network or legal rules and excludes Authorization Holds. Funds in the Lockbox are not available for spending or withdrawal until released in accordance with this Agreement or your Secured Deposit Account Addendum (which governs the secured portion of your OnePay Cash Account).
“Lockbox” means the subaccount or designated ledger within your Spend Section where Lockbox Amounts are held or tracked to secure repayment of your Card Account obligations. Lockbox funds remain pledged as collateral until released in accordance with the Secured Deposit Account Addendum.
“New Balance” means the total outstanding balance of your Card Account at the end of any Billing Cycle, as shown on your Billing Statement. The New Balance is calculated as the sum of all purchases and transactions posted to the Card Account from the applicable Billing Cycle (including fees and charges), minus any payments and credits that we receive.
“Payment Due Date” means the date that the Total Due amount as shown in the Billing Statement is due. Your Payment Due Date is at least 21 days after the close of each billing cycle.
“Pending Transactions” means transactions authorized on your Card Account that have not yet been posted to your Card Account, including associated merchant Authorization Holds, pending Purchases, Cash Advances, merchant credits, or other adjustments that have been authorized but not yet settled
“PIN” means a personal identification number assigned to your Card Account.
“Purchase” means your purchase of goods or services with the use of a Card or Card Account number (including, without limit, Purchases made in person, on the Internet, through mail order, or over the telephone). Tax payments made with your Card Account (including any fees charged by a tax agency) are Purchases.
“Secured Deposit Account” means the portion of your OnePay Cash Account, specifically the Spend Section, that serves as collateral to secure repayment of your obligations under this Agreement. The Secured Deposit Account is not a separate deposit account; it is part of your OnePay Cash Account and remains governed by the OnePay Cash Account Agreement and applicable law.
“Secured Card” or “Card” means the Builder Card, a secured charge card that requires payment in full every month. We assign a Credit Limit and approve transactions based on your Card spending power. Since charge card balances must be paid in full by the Payment Due Date, there is no interest rate or minimum payment. Additionally, as described more completely below, the Secured Card is secured by the Secured Deposit Account.
“Spend Balance” means the total dollars in your Spend Section, including any Lockbox Amounts.
“Spend Section” means the transactional Section of your OnePay Cash Account. For purposes of this Agreement and the Secured Deposit Account Addendum the term does not include any negative balances in the OnePay Advance Pocket.
“Statement Date” means the day a Billing Statement was issued.
“Total Due” means the total outstanding balance you owe on your Card Account, which includes your New Balance as well as any amounts past due, charges, and fees you may owe (including, but not limited to, any amounts you incur through your use of any overdraft product), minus any payments and credits received since your last Billing Statement. To avoid Default, you will need to pay the Total Due amount listed in a Billing Statement on or before a Payment Due Date.
SECURED DEPOSIT ACCOUNT
Your Card Account is secured by the Funds held in the Spend Section of your OnePay Cash Account (the “Secured Deposit Account”). The Secured Deposit Account is not a separate account; rather, it is the secured portion of your OnePay Cash Account that the Bank uses to hold and track Funds you have pledged as collateral for your Card Account.
If you fail to make required payments on your Card Account, Default or otherwise fail to comply with the terms of this Agreement, you could lose the Funds held in your Spend Section that are pledged as collateral. Details regarding how Funds in your Spend Section of your OnePay Cash Account are reserved, held, and released are described in your Secured Deposit Account Addendum, which is incorporated by reference into this Agreement. That Addendum includes, among other important provisions, information on the security interest you have granted to the Bank in your Secured Deposit Account and the Bank’s rights against all Funds in that account in the event of your Default under this Agreement. References in this Agreement to the “Secured Deposit Account” are for purposes of describing the secured relationship only.USING YOUR CARD ACCOUNT
Available Transactions
Subject to your Card spending power and the other terms of this Agreement, you may use your Card and your Card Account to make Purchases so long as you are not in Default. You can make Purchases as described in the definition of Purchase, above. You may not obtain balance transfers from your Card Account. When you fund your Card Account, you may create a PIN. If you do create a PIN, you can obtain a Cash Advance at any authorized ATM by using your Card and PIN.Limitations on Using Your Card Account
You agree to use your Card Account only for personal, family, or household purposes. You also promise that your Card Account will not be used for purposes that are illegal under state or federal law, including without limit illegal gambling activity. We reserve the right to deny transactions or authorizations from merchants that appear to be engaged in illegal activities. We are not responsible if anyone does not allow you to use your Card Account or refuses to accept your Card. We may decline any transaction at any time.Cash Deposits
You may deposit cash to your Secured Deposit Account using your Card at certain locations. See your OnePay Cash Deposit Account Agreement and OnePay Mobile App for details about the frequency and/or dollar limitations.Merchant Holds
Some merchants (such as hotels, car rentals, restaurants, and gas stations) may request a temporary Authorization Hold that exceeds the final charge. These Authorization Holds do not increase the Lockbox Amount but do reduce your Available to Spend Balance and Card spending power until they are released or matched to a posted transaction. When the merchant’s presentment posts to your Account, we increase the Lockbox Amount by the posted amount and release any excess Authorization Hold. If the merchant does not present a transaction that was authorized, the Authorization Hold will expire under network rules (typically within up to seven (7) days for most purchases, but some categories may take longer).No Authorized Users
You are responsible for all transactions on your Card. Authorized users are not permitted on this Card or the Card Account and you are not permitted to share your Card with another person.Billing Statements
Each month while your Account is open, we will provide you with a Billing Statement showing your New Balance, Total Due as of the date of the Billing Statement, and the Payment Due Date. We will provide the Billing Statement to you electronically by notifying you by email and/or through the Mobile App that your Billing Statement is available. When you receive this notification, you will need to login to your Card Account on the Mobile App to view your Billing Statement. We may discontinue sending Billing Statements to you if we deem your Card Account to be uncollectible or if we sent your Card Account to an attorney or other third party for collection purposes.Cards
Any Cards that we issue to you belong to us. We, a merchant, or any party acting on our behalf, may retain your Card without prior notice to you. You agree to sign your Card in the space provided for authorized signatures before you use the Card. Your Card is issued with an expiration date. We have the right not to renew your Card or Card Account. If we have not terminated your Account or exercised our right not to renew your Card Account, we will send you a new Card when your prior Card expires.Foreign Transactions
You may choose to use your Card to make a Purchase in a foreign country. Transactions, returns and credits made in a currency other than U.S. dollars will be converted into U.S. dollars. The exchange rate between the foreign currency and U.S. dollars is a rate selected by Mastercard®. Mastercard® will select from the range of rates available in wholesale currency markets or a rate mandated by the government that issues or controls the currency in that country on the date it processes the transaction. The processing date on which the exchange rate is applied may differ from the transaction date or the posting date. While we do not charge fees when you use your Card in foreign currencies, fees may be assessed by processors in such foreign transactions.
PROMISE TO PAY
General Promise to Pay
You promise to pay us the Total Due amount that is shown on your Billing Statement on or before each Payment Due Date set forth on your Billing Statement. This obligation to pay the Total Due amount applies even where your Card Account may be suspended, or where we have canceled or suspended certain privileges associated with your Card Account. If we do not receive your Total Due amount that is shown on your Billing Statement by the Payment Due Date reflected on your Billing Statement, it will be considered late and you will be in Default. See Section 6.B below, for consequences of Default.Making Payments
All payments to us must be made in U.S. Dollars and we only accept electronic payments. You may enable automatic payments from your Lockbox to your Card Account by selecting the automatic payments option at enrollment, or by enabling automatic payments at any time thereafter in the Builder Card activity page. You do not need to enable automatic payments to be able to deposit funds into the Spend Section or make purchases with your Card Account. Your access to credit and Card spending power will be determined in the same manner whether or not you enable automatic payments. You may disable automatic payments at any time by calling us (toll-free) at 855-830-6200.
If you enable automatic payments, funds from your Lockbox will be used to pay up to your Total Due automatically twice a month on the dates disclosed when you sign up for automatic payments (the “Automatic Payment Dates”) when your Card Account reflects a Total Due amount outstanding. Automatic payments will be made even where your Card Account may be suspended, or where we have canceled or suspended certain privileges associated with your Card Account.
You have the right to receive notice of your automatic payment amount ten (10) days prior to the payment occurring. By agreeing to the automatic payments option, you agree to opt-out of ten (10) days’ notice and instead will have your automatic payment applied on the Automatic Payment Dates so long as the payment amount falls within the range between $0.00 and the maximum amount you have transferred into the Secured Deposit Account within the last 90 days plus any overdraft limit disclosed in the app. The autopay amount will be equal to the Lockbox Amount as of your Automatic Payment Dates. If the payment falls outside that range, your automatic payment will be limited to the amount in your Secured Deposit Account.
You can also make payments by initiating a one-time manual payment from your Lockbox by logging onto the Mobile App. Additionally, you can also make a one-time manual payment from any linked external debit card by logging into the OnePay website. We will not charge you a fee when you use your Lockbox to make a payment; and we will not charge you a fee when you use an external debit card, but the bank that issued your external debit card may not allow transfers and may charge its own fees so check with that financial institution for its limitations and fees.Total Due Payment Requirement
Each month you must pay the Total Due that is shown on your Billing Statement and we must receive that payment on or before the Payment Due Date shown on each Billing Statement. The Payment Due Date will be the same day of each calendar month. If your Total Due Payment is not received by your Payment Due Date, you will be in Default. See “Our Rights Upon Default” in Section 6.B below, for consequences of Default.Receipt and Crediting of Payments
Payments that we receive at or before 11:59:59 PM PT will be credited to your Card on that day. Payments received after 11:59:59 PM PT may be credited to your Card on the next day. Subject to applicable law, payments will be applied in any manner we choose. While the Bank will not charge a late fee, failure to make payments in full and on time will result in an event of Default under Section 6.B of this Agreement. We may process a late payment, a partial payment or a payment marked with any restrictive language. If we do, that action will have no effect on our rights and the restrictive language will have no force or effect.
CREDIT LIMIT AND SPENDING POWER
Credit Limit
Your Credit Limit is the maximum credit we assign to your Account. Unless we notify you otherwise, your Credit Limit is $75,000. We may change it for risk, fraud, or compliance reasons. Your Credit Limit is separate from your Card spending power, which is explained below.Your Available to Spend Balance and Card Spending Power
Your Available to Spend Balance is the portion of your Spend Section you can move today for transfers, ACH, or bill pay after subtracting Lockbox Amounts, any Authorization Holds, and any deposit holds. Most of the time, your Card spending power matches your Available to Spend Balance. If you keep more cash than the Card allows, purchases are capped at the Card’s current maximum, which is your Credit Limit minus the Lockbox Amount for posted items and any active Authorization Holds. We may decline transactions for fraud, risk, compliance, or operational reasons even if the displayed amount appears sufficient.
Your Card spending power will be $0 until you activate your Card and deposit Funds into your Spend Section. We may, at our discretion, approve transactions that exceed your Card spending power (for example, when covered by Savings Backup or linked overdraft in your OnePay Cash Deposit Agreement). If we approve these transactions, they will be treated the same as other transactions and will appear on your Billing Statement. We are not obligated to approve similar transactions in the future.Secured Deposit Account and Credit Availability
Your Card is secured by the Funds in the Spend Section of your OnePay Cash Account (the Secured Deposit Account). When a Card transaction posts or a cash advance is dispensed, we reserve an equal amount in the Lockbox subaccount as collateral. At authorization, we may place an Authorization Hold that reduces your Available to Spend Balance and Card spending power; the Lockbox Amount does not change until the transaction posts. Lockbox Amounts are not available for withdrawal or transfer except to the Card account as described in section 5.B. We may decline or delay withdrawals or transfers as needed to maintain amounts reserved in the Lockbox or the Spend Section which is subject to our security interest. The Lockbox exists to secure repayment under this Agreement and your Secured Deposit Account Addendum, which governs when Lockbox Amounts are reserved, released, or applied. For how these reservations affect what you can put on the Card, see Section 5.B.Changes to Credit Availability
Deposits. Cleared deposits to your Spend Section generally increase your Available to Spend Balance (subject to any deposit holds) and, as described in Section 5.B, may increase your Card spending power. Review your Deposit Account Agreement to understand how and when we clear deposits.
Purchases and Cash Advances. Each authorized Purchase or Cash Advance immediately reduces your Card spending power through an Authorization Hold. When the transaction posts, we increase the Lockbox Amount by the posted amount and release any remaining Authorization Hold. If a Pending Transaction or Authorization Hold is later reduced or reversed by the merchant, we will release the unused portion promptly after we receive the update from the network.
Payments. Payments you make on your Card Account from an external bank account do not reduce your Spend Balance. When a payment from an external bank account is processed, we reduce the Lockbox Amount by a corresponding amount and return those funds to your Spend Section, which increases your Available to Spend Balance (subject to any deposit holds) and may increase your Card spending power. Payments made from your Lockbox reduce your Spend Balance and Lockbox Amount by the same amount and typically leave your Available to Spend Balance unchanged and, in rare cases, may increase your Card spending power because less of your credit is reserved. If you have authorized autopay, Lockbox Amounts may be applied to your payment when due.
Withdrawals and Transfers. Withdrawals or transfers out of your Spend Section decrease your Available to Spend Balance and may reduce your Card spending power.
At no time will you be able to access or withdraw Funds that are earmarked in the Lockbox. These Funds are pledged as collateral for your Card obligations and will be released only as provided in this Agreement or your Secured Deposit Account Addendum (which governs the secured portion of your OnePay Cash Account), such as when the related transactions are paid or the Account is closed in good standing.
Cash Access and Transaction Limitations
With your PIN, you may use the Card to obtain cash from your Card Account at any ATM device, as permissible by an ATM owner that bears Mastercard®. All ATM transactions are treated as cash advance withdrawal transactions. You may use the Card at an ATM and withdraw funds at a participating bank. Cash Advances (ATM cash withdrawals) and purchases are all subject to your Card spending power. Cash Advance methods other than through an ATM, such as over the counter transactions, may not be available, based on the merchant.
Below are the cash access and transaction limits for your Card Account at account opening. These are program caps only—transactions are also limited by your Card spending power (see Section 5.B) and may be declined for fraud, risk, compliance, or operational reasons. Limits may change; we’ll notify you if required by law. Certain members may later be eligible for higher limits at our discretion, based on Card Account history.Transaction Type
Frequency and/or Dollar Limits
Cash Advances
No limit to the number of times per day.
Up to $500 per day, or up to your Card spending power if your Card spending power is less than $500.Card Transactions* (Signature and PIN)
No limit to the number of times per day.
Up to $5,000 per day for all transactions or up to your Card spending power if your Card spending power is less than $5,000*Card Transactions include, but are not necessarily limited to, any and all purchases, whether via PIN or signature, and Cash Advances.
In addition, we may impose daily spending limits on your Card Account depending on risk factors.
DELINQUENCY; DEFAULT
Events of Default.
Subject to applicable law, we may consider your Card Account to be in default if any of the following occurs (a “Default”):you fail to pay us all amounts you owe on your Card Account as shown on an applicable Billing Statement on or before the Payment Due Date, including without limitation any charges and fees described in this Agreement;
you fail to comply with the Agreement governing your OnePay Cash Account or you fail to maintain the OnePay Cash Account in good standing;
you fail to meet the conditions, to perform any obligation, or to make any required payment under this Agreement or any other agreement you make with us relating to the Debt;
you provide false or misleading information to us or otherwise make misrepresentations;
you die or are declared legally incapacitated;
any government authority takes action that we believe adversely affects your financial condition or ability to repay the Debt;we determine that Default is necessary for compliance reasons; or
you file a bankruptcy petition, a bankruptcy petition is filed against you, or you make a general assignment for the benefit of creditors.
Our Rights Upon Your Default.
Unless you are a Covered Borrower under the Military Lending Act, you waive any defense you may have against the Bank. Upon any Default, we are authorized to exercise all of our rights under the security interest that you have granted to us in your Secured Deposit Account, as described in this Agreement and your Secured Deposit Account Addendum (which governs the secured portion of your OnePay Cash Account) (together, the “Security Agreement”).
Without limiting the foregoing, we may (i) declare all of the Debt immediately due and payable, (ii) act as and exercise all rights of an owner of the Secured Deposit Account, (iii) withdraw funds from the Secured Deposit Account, and (iv) apply all or any portion of such funds (including those in the Lockbox) at any time to repay the Debt and any costs or expenses that we incur in enforcing our rights under this Agreement, the Secured Deposit Account Addendum, or applicable law. Your Card Account privileges may also be suspended, subject to reinstatement at our sole discretion. We are irrevocably appointed as attorney-in-fact for the limited purpose of executing any instruments or authorizations necessary to satisfy the Debt or otherwise perfect or enforce our security interest.
Our rights stated in this Agreement and in the Secured Deposit Account Agreement are in addition to any rights and remedies available under applicable law. If there is any conflict regarding the security interest between this Agreement and the Secured Deposit Account Agreement, those agreements will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect the Bank’s security interest.
If we waive or delay exercising any right, we do not forfeit that right or any others. We may exercise our rights against the Secured Deposit Account even if you are no longer personally liable on the Debt because of a statute of limitations or any other reason.
Until the Debt is fully repaid and you have no further obligations under this Agreement, you subordinate in favor of the Bank any right of subrogation and any right to enforce a remedy the Bank now has or may later have.
Your Secured Deposit Account secures only the Debt as defined in this Agreement and no other obligations you may owe to us.
FEES
Annual Fee. There is no annual fee on your Card Account.
Cash Out Fee Charged to your Deposit Account. As described in the OnePay Cash Deposit Account Agreement Fee Schedule, a Cash Out Fee of $3.00 per transaction will be charged on your deposit account on certain cash out transactions. Further, ATM operators may charge you a fee, including for utilizing an ATM or balance inquiry, even if you do not complete a transaction and this third-party fee will be charged on your Card account.
Card Replacement Fee. There is a $3.00 fee for replacing your Secured Card. This fee is waived if you have OnePay Cash Plus. See your OnePay Cash Deposit Account Agreement for details about OnePay Cash Plus.
Foreign Transaction Fees. There is no fee for foreign transactions (see “Foreign Transactions” Section 3.H for additional restrictions on such transactions).
Late Payment Fee. If your Total Due is not received by your Payment Due Date, you will not be charged a late payment fee, however, your payment will be considered late and you will be in Default. See “Our Rights Upon Default” in Section 6.B, above, for consequences of Default.
Other Fees for Services. We may charge you other fees for services associated with your Account that you request in accordance with applicable law.
CREDIT REPORTS
You authorize us to obtain information about you from third parties, including consumer reporting agencies (“Credit Bureaus”), now and on an ongoing basis for use in: (i) servicing, monitoring, collecting or enforcing this Card or any loan that you may receive from us; (ii) providing your credit data to you; (iii) evaluating you for and offering you other financial products and services; and/or (iv) other related purposes. If you ask, you will be told whether any consumer report was requested and the name and address of the Credit Bureau that provided the report. We may report information about your Card to Credit Bureaus. LATE PAYMENTS, MISSED PAYMENTS, OR DEFAULTS ON YOUR CARD MAY BE REFLECTED IN YOUR CREDIT REPORTS AND MAY IMPACT YOUR CREDIT SCORE. THUS, A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT BUREAU IF YOU FAIL TO FULFILL THE TERMS OF YOUR CARD.
If you believe we have reported inaccurate information about you or your Card to a credit bureau, call us toll free or send a written notice per Section 11, Attention: Credit Bureau Disputes. In your letter, you will: (i) provide your name and Card number, (ii) identify the specific information that you are disputing, (iii) explain the basis for the dispute; and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, you may submit an identity theft affidavit or identity theft report. You understand that you may also contact the appropriate consumer-reporting agency directly at the following address and toll-free number: Equifax, P.O. Box 740241, Atlanta, GA 30374, 1.800.685.1111; Trans Union, P.O. Box 1000, Chester, PA 19022, 1.800.916.8800; or Experian, P.O. Box 2002, Allen, TX 75013, 1.888.397.3742. We are not a credit repair service and do not remove negative credit information.CANCELLATION AND CHANGE IN TERMS
You May Close Your Card Account.
You may close your Card Account at any time by notifying us at 855-830-6200. We will cancel your Card Account after we receive notice from you and have a reasonable opportunity to process your notice. However, we are not required to close your Card Account immediately and may deny or delay your request if you have any Pending Transactions, an outstanding balance, or if your Secured Deposit Account or OnePay Cash Account is subject to dispute, fraud review, negative balance, or legal process (such as a garnishment, levy, or other court order). In those cases, we may restrict withdrawals and other activity on your account until Pending Transactions are settled, any outstanding amounts are repaid, all investigations are complete to our satisfaction, and any legal restrictions have been lifted. Reducing your balance to $0.00 or stopping use of your Card does not by itself close your Card Account. You agree that we are not responsible for any costs, damages, or inconvenience you may suffer as a result of our cancelling your Card Account.We May Close Your Card Account.
Even if you are not in Default, we may:cancel or suspend your privileges to make Purchases; or
otherwise cancel or suspend any Card Account privileges or benefits (whether or not such privileges or benefits are described or referred to in this Agreement). We may do so for any reason, including Card Account inactivity, in our sole discretion. We will provide you with notice of any such action if required to do so by applicable law; or
close or suspend your Card Account at any time, including if we have closed or suspended other of your accounts held by us or our bank partners or where termination is deemed necessary for compliance purposes.
No More Transactions if Card Account is Closed.
If either you or we close your Card Account, you may not make further Purchases with your Card or Card Account. The portion of your OnePay Cash Account serving as the Secured Deposit Account (including any Lockbox Funds) will be handled in accordance with this Agreement and with the Secured Deposit Account Addendum (which governs the secured portion of your OnePay Cash Account). You will remain responsible for all amounts owed to us and may lose access to any Funds that are pledged as collateral until repayment or closure is completed. We will return to you the funds from your Secured Deposit Account only as described in the Secured Deposit Account Addendum.Obligation to Pay After Closure.
Upon closure or termination of your Card Account, whether by you or by the Bank, you must pay all amounts you owe under this Agreement immediately, even if you have a scheduled automatic payment for a later date. Any existing automatic payment authorization will not delay or modify your obligation to repay the Total Due in full. If payment is not received by the date specified in our notice of closure, the Bank may apply funds held in your Secured Deposit Account (including the Lockbox) to satisfy the outstanding balance in accordance with your Secured Deposit Account Addendum (which governs the secured portion of your OnePay Cash Account).Effect on Your OnePay Cash Account.
The closure or termination of your Card Account does not automatically close your OnePay Cash Account. The Bank, in its sole discretion, may determine whether to maintain or close your OnePay Cash Account after your Card Account or the related security interest is terminated. In general, if your Card Account is closed in good standing or at your request, your OnePay Cash Account will remain open and continue to be governed by the OnePay Cash Deposit Account Agreement. However, if your Card Account is closed or the security interest is released due to fraud, misuse, regulatory, or risk concerns, the Bank may also close your OnePay Cash Account consistent with that agreement.
DISPUTES; UNAUTHORIZED TRANSACTIONS; DISPUTE CREDIT; ERRORS
Disputes and Unauthorized Card Transactions
We are not responsible for refusal by any merchant, financial institution, or automated equipment to honor or accept your Card, and we have no responsibility for merchandise or services obtained by you with your Card except as provided in the “YOUR BILLING RIGHTS” section of this Agreement below. You agree to use your best efforts to resolve any dispute concerning merchandise or services with the merchant concerned.
If you believe your Card or Card Account has been used without your permission or you wish to report a billing error for a transaction that appears on your periodic statement, contact us immediately. We may ask for a written statement with your name, Card Account number, the dollar amount, why you believe it is an error or unauthorized, and the date and type of the transaction(s).
Except as provided below, your liability for unauthorized transactions processed on the Mastercard network is zero dollars ($0). This means you will not be held responsible for unauthorized use of your Card or Card Account, provided that:You have exercised reasonable care in safeguarding your Card and Card Account information; and
You promptly notify us of the loss, theft, or unauthorized use of your Card or Card Account.
The Zero Liability protection described above does not apply if we determine that you were fraudulent or grossly negligent in handling your Card or Card Account (for example, by sharing your Card number or failing to report unauthorized use promptly). These provisions limiting your liability apply only to credit transactions processed on the Mastercard network. Transactions that are not processed by Mastercard are governed by applicable law and any other agreements between you and us.
We handle claims in accordance with this Agreement and applicable law. We will post a temporary provisional credit to your Card Account for the disputed amount while we investigate. If the disputed item has not yet posted, we may release the related Authorization Hold. If the disputed item has posted, we may release a corresponding amount from the Lockbox, at our discretion, to make funds provisionally available during the investigation. If we determine the transaction was unauthorized or otherwise a billing error, your provisional credit becomes final and any related Authorization Hold or Lockbox reservation will remain released. If we determine the transaction was authorized or not a billing error, we will reverse any provisional credit and re-apply an Authorization Hold or restore the Lockbox Amount, as applicable; your balances will adjust under Section 5.B.
Please refer to the “Your Billing Rights” section of this Agreement for more information about your rights and our responsibilities under the Fair Credit Billing Act, including how to dispute billing errors.Credits and Internal Adjustments
If we issue you a temporary (provisional) credit on your Card Account while we investigate a disputed transaction, we may also release an equivalent amount of secured funds from your Lockbox to your Spend Section. This may create a temporary negative
balance in the Lockbox.If the dispute is resolved in your favor, that provisional credit becomes final. If the same funds were already released to your Spend Section during the investigation and your Lockbox is still negative, we will apply that permanent credit to restore your Lockbox balance to zero. This is an internal accounting offset and will not reduce the refund you received or create any fees or charges. These adjustments are bookkeeping entries only and your balances will update as described in Section 5.B.
Right of Reversal, Problems That Could Occur with Deposits, Transfers, or Credits to your Accounts.
If funds are deposited, transferred, or credited to your Secured Deposit Account or Card Account by mistake or other error, we may correct the situation by deducting the amount of the erroneous deposit, transfer, or credit from that account without prior notice to you. If there are not enough funds in your OnePay Cash Account, then your OnePay Cash Account could become overdrawn. Such adjustments reduce your Available to Spend Balance and may reduce your Card spending power as described in Section 5.B. We may also make related internal adjustments to Lockbox Amounts as permitted by this Agreement and the Secured Deposit Account Addendum.
CUSTOMER INFORMATION AND NOTICE REQUIREMENTS
You may reach us at the phone number or Notice Address for mail below at our agent OneProgress Services LLC (“OnePay”):
You may only apply for a Card for yourself, and you cannot open an account on behalf of another person. By submitting an application for a Card, you confirm the information you provide is correct and accurate. It is your responsibility and you agree to promptly update any changes in the identifying information you provided to us in and after your application, including your physical address, email address or phone number. You can update your information by contacting us as set forth above or through the OnePay mobile application or website.
Other products and services offered by us or our agents may have additional agreements or terms you may be required to accept. Please read the entire Agreement carefully and retain a copy in electronic and/or paper form for your records.
This Agreement also refers to and includes the:E-Sign Consent Agreement
OnePay Cash Deposit Account Agreement with the Secured Deposit Account Addendum
OnePay Terms of Service
OnePay Privacy Policy
OnePay Privacy Notice
Bank Privacy Notice
You can find and access these agreements on OnePay's website or in its mobile application.ELECTRONIC, TELEPHONE, TEXT COMMUNICATIONS AND OTHER METHODS OF COMMUNICATION
We may use automated telephone dialing, pre-recorded messages, push notifications, text messaging systems, and email to provide messages to you about important information regarding this Agreement or your relationship with us.
By providing us with a telephone number, you expressly authorize us and our affiliates, agents, and independent contractors, to deliver or cause to be delivered telephone calls or text messages using an automatic telephone dialing system or artificial or prerecorded voice, including calls or texts made for advertising purposes or that constitute telemarketing, to the telephone number you provide us. Message, data, and call rates may apply. To opt out of marketing-related text messages at any time, reply STOP or contact us to stop receiving marketing-related phone calls. Receiving these calls or texts is not required as a condition to maintain your Card. You must, however, be able to accept non-marketing communications from us. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. These messages may also be recorded by your voicemail. You give us your permission to call or send a text message to any telephone number you have given us or you give to us in the future, or that you have given or give in the future in connection with your Card, and to play pre-recorded messages or send text messages with information about the your Card over the telephone. You also give us permission to communicate such information to you by push notification or email.
You agree that we will not be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls, texts, push notifications, or emails. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you.
You agree to notify us immediately if you change telephone numbers or are no longer the subscriber or usual user of a telephone number that you give to us. You agree that we may monitor and record your telephone calls and other communications with us. At any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling us at 855-830-6200 (toll-free). If you choose to opt-out of non-marketing telephonic communications, we may close your Card, which will limit your ability to receive credit building benefits. To stop marketing emails, you must follow the opt-out instructions provided at the bottom of our marketing emails.DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your Card:Where it is necessary for completing your transaction,
In order to verify the existence and condition of your Card for a third party, such as a Credit Bureau,
In order to comply with applicable law or government agency requirements,
If you give us your permission, or
As permitted in the OnePay Terms of Service, the OnePay Privacy Policy, or the OnePay or Bank Privacy Notices.
GENERAL ACCOUNT TERMS
Entire Agreement
This Agreement as well as the documents incorporated by reference herein constitute the entire and sole agreement between you and us with respect to the Card and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Card.Amendments
Except as otherwise provided herein, this Agreement may not be amended, modified or limited except by written agreement.Governing Law; Choice of Forum
This Agreement and your Card are governed by the laws of the United States and the state of Washington, without regard to conflicts of laws principles. To the extent that any dispute arising under this Agreement or relating in any way to your Card is not arbitrated, you consent to the exclusive jurisdiction of, and agree that such dispute may be resolved by, courts located in Snohomish County, Washington or the U.S. District Court for the Western District of Washington.Assignment
To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign any of your rights or obligations under this Agreement without our prior written consent. Your rights and obligations under this Agreement apply to all of your successors and permitted assigns, if any. Our rights and obligations under this Agreement apply to us and each of our successors and assigns.Severability
If any provision of this Agreement is found to be invalid or unenforceable, all remaining provisions will continue in full force and effect.Non-Waiver
The fact that we may decide not to enforce, or may delay enforcing, our rights under this Agreement on one or more occasions does not mean that we waive our right to enforce them on any later occasion.Interpretation
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of the Agreement's provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement shall be construed so the singular includes the plural and the plural includes the singular.Non-Negotiable Instrument
This Agreement is not a negotiable instrument.Privacy Notice
By executing this Agreement, you acknowledge that you received a copy of OnePay’s and the Bank’s privacy notice with the application for this Card or within the past 12 months. For your reference, you can find these materials on OnePay's website.Notice and Cure
Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating in any way to this Agreement or the Card (as more fully defined in the Arbitration and Class Action Waiver provision, a “Dispute”), the party asserting the claim (the “Claimant”) shall give the other party (the “Defending Party”) written notice of the claim (a “Notice of Dispute”).
Any Notice of Dispute to you shall be sent by mail or email to the address for you maintained in our records. Any Notice of Dispute to us shall be sent by mail to the Notice Address in Section 11, Attention: Notice of Dispute (or such other address as we subsequently provide you). Any Notice of Dispute must include: (i) your Card number; and (ii) the Claimant’s name, mailing and email address, and phone number; and (iii) a description of the nature and basis of the Dispute and the specific relief sought. The Notice of Dispute must be personally signed by you if you are the Claimant or by our representative if we are the Claimant. To safeguard your account, if you are represented by an attorney, your Notice of Dispute must also include a signed statement authorizing us to discuss your account and share your confidential account information with your attorney.
Whoever sends the Notice of Dispute must give the other party 60 days after receipt of a fully complete Notice of Dispute to investigate the claim. During that period, either you or we may request an individualized discussion (by phone call or videoconference) regarding settlement (“Informal Settlement Conference”). You and we must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and a representative from OnePay must personally participate, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled for the claims and request relief in the Notice of Dispute during the “Informal Resolution Period,” which is the period between the date a complete Notice of Dispute is received and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested.
A lawsuit or arbitration asserting a Dispute cannot be commenced until after the Informal Resolution Period has ended for that Claim. Section 17(D) has additional requirements for commencing certain coordinated arbitrations. The requirements of this Section are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or lawsuit. In addition, unless prohibited by applicable law, the arbitration provider may not accept or administer the arbitration, nor assess fees for such an arbitration.Bankruptcy
At the time you enter into this Agreement, you agree that you are not a debtor under any proceeding in bankruptcy, insolvency or similar proceeding, have no current intention of filing a petition for relief under the United States Bankruptcy Code and have not consulted an attorney regarding a potential bankruptcy filing within the past 6 months. You agree to send all bankruptcy notices and related correspondence to the Notice Address in Section 11, Attention: Bankruptcy Notice.
INDEMNIFICATION AND LIMITATION OF LIABILITY
Subject to applicable law and at our request, you agree to defend and indemnify us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our parents, subsidiaries, and other affiliated companies, and the parties with whom we contract in order to offer the Card and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Card or any products or services purchased using the Card or this Agreement (as well as any related or prior agreement that you may have had with us).JURY TRIAL WAIVER
The Sections 16-17 do not apply to service members and their dependents who are entitled to protection under the Military Lending Act (10 U.S.C. § 987). If you would like more information about whether you are entitled to protection under the Military Lending Act and whether these sections apply to you, please see Section 18.
WAIVER OF RIGHT TO TRIAL BY JURY - WE (INCLUDING THE BANK AND ONEPAY) AND YOU ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND US (INCLUDING THE BANK AND ONEPAY) KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH ONEPAY OR THE BANK. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AND CLASS ACTION WAIVER PROVISION SET FORTH IN THE NEXT SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.ARBITRATION PROVISION AND CLASS ACTION WAIVER
Arbitration Provision
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE AGREEING TO THIS AGREEMENT. EXCEPT AS OTHERWISE NOTED, CAPITALIZED TERMS HAVE THE MEANING SPECIFIED IN THIS AGREEMENT.
Except as otherwise explicitly provided in this Arbitration Provision, OnePay, the Bank, together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns and any of these entities’ employees, officers, directors and agents and their successors, assigns, affiliates and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present or future dispute or claim (“Dispute”) arising from or relating in any way to your Card or this Agreement or the relationships between you and OnePay and/or Transaction Parties resulting therefrom, by binding arbitration under the Consumer Arbitration Rules (the “Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with your Card on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in a single proceeding.)
Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of your application for an Card, including, but not limited to, any dispute or claim arising before the date you opened an Card or accepted this Agreement.
The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of this Agreement, the OnePay Terms of Service and any agreement governing a product or service provided by OnePay. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. As in court, the arbitrator can impose sanctions on any represented party or counsel permitted under AAA Rules, Federal Rule of Civil Procedure 11(b), or other applicable federal or state law. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or a Transaction Party can initiate arbitration. Regardless of who elected arbitration or how arbitration was elected (such as by filing a motion to compel arbitration in court), the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding, as well as completing the procedures set forth in this section. If the AAA cannot or will not administer the arbitration in accordance with this Arbitration Provision, another administrator will be selected by agreement of the parties or, if there is no agreement, by a court with jurisdiction. Any arbitration administered by the AAA will be governed by the Consumer Rules in effect on the date the arbitration is filed, and the AAA’s Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). (For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org). The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees and AAA does not waive them (after you have submitted any necessary information to request waiver), a Transaction Party will pay all arbitration administrative and arbitrator fees and expenses. The arbitration may be conducted solely based on written submissions, by telephone or videoconference, or by in-person hearing, as the arbitrator deems appropriate.
You and the Transaction Parties agree that any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Arbitration Provision. In addition, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected.
Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision.
Notwithstanding any of the foregoing, disputes or controversies about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about your Card, this Agreement, the OnePay Terms of Service or your agreements governing any product or service provided by OnePay or with Transaction Parties as a whole are for an arbitrator and not a court to decide. Courts also can decide any disputes or controversies about the validity, enforceability, coverage or scope of Section 14(J) and its requirements.Class Action Waiver
You and the Transaction Parties each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law: (a) no arbitration will be joined or consolidated with any other (except for multiple arbitrations pertaining to the same Card); (b) there is no right or authority for any Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.Survival of Arbitration Provision and Class Action Waiver
If any portion of the Arbitration Provision is inconsistent with the Consumer Rules, this Agreement, the OnePay Terms of Service, or any other agreements governing any product or service provided by OnePay or with Transaction Parties, this Arbitration Provision shall govern. This Arbitration Provision shall survive the closure of your Card, termination of any product or service provided by OnePay, termination of any agreement into which you enter with a Transaction Party, and any withdrawal or denial of or determination on any application for a Card; and further, you understand and agree that this Arbitration Provision applies not only to the OnePay Terms of Service and this Agreement but also to any subsequent agreement (including without limitation any agreement governing any product or service) into which you enter with a Transaction Party.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that:If there is a final judicial determination (after all appeals) that the Class Action Waiver cannot be enforced as to a particular claim or a particular request for relief, then that claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court after any individual claims (such as claims seeking monetary relief) are arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. The parties acknowledge and agree that under no circumstances will a claim for public injunctive relief be arbitrated.
Arbitration of Coordinated Claims
If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel (regardless of whether the cases are pursued simultaneously), all of the cases must be resolved in staged proceedings. You agree to this process even though it might delay the arbitration of your claim. In the first stage, claimants’ counsel and OnePay will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by separate arbitrators. If feasible, arbitrators will be from the respective claimants’ home states. In the meantime, no other cases may be filed or proceed in arbitration. Nor may the AAA accept, administer, or demand payment for fees for other arbitrations. After the first stage is completed, the parties shall engage in a single mediation of all remaining cases, and OnePay shall pay the mediation fee. If the parties cannot agree how to resolve any of the remaining cases after the mediation, the parties will repeat the process of filing up to 50 cases to be resolved individually by separate arbitrators, followed by mediation. If any claims remain after the second stage, the process will be repeated until all cases are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of claimants’ counsel. If this subsection applies to a Notice of Dispute, any statute of limitations or contractual limitations period applicable to the listed claims and requests for relief will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Section, including the power to enjoin the filing or prosecution of arbitrations or assessment or collection of related fees. If there is a final judicial determination that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration, but the payment of AAA and arbitrator fees will be assessed as arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.Right to Opt Out
If you do not want this Arbitration Provision and Class Action Waiver to apply, you must contact us pursuant to Section 11 within 30 calendar days of the date on which you electronically sign this Agreement. To opt out, you must send your name, mailing and email address, phone number, and a statement personally signed by you that you want to opt out of arbitration. Opting out will not affect the other provisions of this Agreement, the OnePay Terms or any other agreement governing a product or service provided by OnePay or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision and Class Action Waiver in this Agreement, the OnePay Terms and any other agreement governing a product or service provided by OnePay or with a Transaction Party.
MILITARY LENDING ACT
The Military Lending Act applies to certain members of the Armed Forces and their dependents ("Covered Borrowers”). lf you would like more information about whether you are a Covered Borrower and whether this section applies to you, please call us (toll-free) at 855-830-6200.
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
Before signing this Agreement, in order to hear important disclosures and payment information about this Agreement, please call us (toll-free) at 855-830-6200.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 Billing Statement:
If you think there is an error on your Billing Statement, write to us at:
OneProgress Services LLC
P.O. Box 513717
Los Angeles, CA 90051-3717
In your letter, give us the following information:Account information: Your name and last four of your Account number (found on your statement).
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 Billing 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:Within 30 days of receiving your communication, we must tell you that we received your communication. We will also tell you if we have already corrected the error.
Within 90 days of receiving your communication, 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.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance
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 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 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 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 Card Purchases:
If you are dissatisfied with the goods or services that you have purchased with your 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: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.)
You must have used your Card for the Purchase. Purchases made with cash advances from an ATM do not qualify.
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:
OneProgress Services LLC
P.O. Box 513717
Los Angeles, CA 90051-3717
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
What Happens to Funds in Your Secured Deposit Account When We Investigate an Error
For how we handle Lockbox and provisional credits during a claim, see Section 10 of your Secured Card Agreement.STATE DISCLOSURES
Certain state-specific requirements may apply to your Account based on your residency at the time you open the Account.ALL BORROWERS, INCLUDING IOWA, MAINE, MISSOURI, NEBRASKA, OREGON, TEXAS, UTAH AND WASHINGTON RESIDENTS ONLY: ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT.
ALL BORROWERS, INCLUDING CALIFORNIA/NEW YORK/RHODE ISLAND/UTAH/VERMONT RESIDENTS: You give us and our agents, successors, and assigns permission to access your credit report in connection with any transaction, or extension of credit, and on an ongoing basis, for the purpose of reviewing this Account, taking collection action on this Account, or for any other legitimate purposes associated with this Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
MARRIED CALIFORNIA RESIDENTS: If you are a resident of California and married, you may apply for a separate account separate from your spouse.
MASSACHUSETTS RESIDENTS: Massachusetts law prohibits discrimination based upon, among other things, gender identity or sexual orientation.
NEW HAMPSHIRE RESIDENTS: Reasonable attorney’s fees shall be awarded to you if you prevail in (a) any action, suit or proceeding brought by us; or (b) an action brought by you; and if you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.
NOTICE TO NEW YORK RESIDENTS: New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-877-226-5697 or http://www.dfs.ny.gov.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
VERMONT RESIDENTS: You must maintain a deposit account as security for this credit card account, and shall grant us a security interest in this deposit account.
MARRIED WISCONSIN RESIDENTS: If you are married: (i) you confirm that this Account is being incurred in the interest of your marriage or family; (ii) no provision of any marital property agreement, unilateral statement, or court decree under the Wisconsin Marital Property Act will adversely affect a creditor’s interest unless, before the time credit is granted, the creditor is furnished a copy of that agreement or decree or is given complete information about the agreement or decree; (iii) you understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. If you execute this Agreement, you will notify us if you have a spouse by sending your name and your spouse’s name and address, to us at our Notice Address pursuant to Section 11, Attention: Wisconsin Resident.