Terms and Conditions of the FuturePay MyTab Payment System
This Agreement contains an arbitration provision (see Section 28). The arbitration provision will have a substantial effect on your rights in the event of a dispute, including your right to bring or participate in a class action proceeding. You may reject this arbitration provision by following the instructions in Section 28(h).
Your FuturePay account is an open-end (revolving) credit plan offered by Cross River Bank, a New Jersey state-chartered bank located in Teaneck, New Jersey. IF YOU ALREADY HAVE A FUTUREPAY ACCOUNT this Purchase is pursuant to your FuturePay Terms and Conditions, a copy of which is provided below for your reference. IF YOU DO NOT HAVE A FUTUREPAY ACCOUNT, by using FuturePay to complete a Purchase, you agree:
- You have read these Terms and Conditions of the FuturePay Payment System (this “Agreement”), including the Important Disclosures below, the FuturePay Account Agreement, and Privacy Notice;
- You understand that the Agreement describes the terms and conditions of your revolving line of credit account (the “Account”) available from Cross River Bank (“Bank”). FuturePay Holdings Inc. (“FuturePay” or “Program Manager”), is the program manager who performs certain services related to your Account on behalf of Bank.
- You are of legal age to contract in the state where you reside, are a resident of the United States or its territories, and are not a resident of one of the states in the table following the additional information.
- You authorize the Merchant to share your personal information, including email address with the Bank and authorize the Bank to use that information for all lawful purposes in connection with the Account; and
- You are providing information to the Bank and FuturePay and you consent to the Bank providing information about you to FuturePay (even in the event your application is declined).
PLEASE BE CERTAIN TO READ ALL OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS. NOTIFY US AT ONCE IF ANY PARTS OF THIS AGREEMENT ARE NOT CLEAR
|Finance Charge for New Purchases||We will not charge you a Carried Balance Finance Charge (see below) on new Purchases for the first Billing Cycle after the transaction date.|
|How to Avoid Paying a Finance Charge||Your Billing Cycle ends on the same day each month. We will not charge you a Fixed Finance Charge in a Billing Cycle in which you pay your entire Balance by the end of the Billing Cycle.|
|For Credit Tips from the Consumer Financial Protection Bureau||To learn more about factors to consider when applying for or using credit, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.|
|Annual Membership Fee||$25|
How We Will Calculate Your Balance. We use a method called “ending balance method”. This balance is calculated by taking the amount of unpaid Balance you owe at the beginning of each Billing Cycle, adding any Purchases and Fees, including the Annual Membership Fee and Penalty Fees, charged to your Account during the Billing Cycle, and deducting payments and credits made during the Billing Cycle. Your Billing Cycle Ends on the same day each month.
Billing Rights. Information on your rights to dispute transactions and how to exercise those rights is provided in Paragraph “Your Billing Rights” below.
|Carried Balance Finance Charge||
You will be charged a Carried Balance Finance Charge on the unpaid Balance on your Account at the end of each Billing Cycle as follows:
District of Columbia
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, the Bank will obtain your name, address, date of birth, and other information that will allow the Bank to identify you. The Bank may also ask to see a copy of your driver’s license or other identifying documents. The Bank may use a third-party servicer to verify your identity and obtain information regarding your previous borrowing relationships.Military Lending Act Disclosure
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 dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
To obtain an oral statement regarding the Military Annual Percentage Rate and a description of the payment obligation, Covered Borrowers may call 1-855-984-1129.
You are a “Covered Borrower” if you are entitled to special protections for servicemembers and their dependents pursuant to a determination made in accordance with 32 C.F.R. § 232.5(b) and have not ceased to be a Covered Borrower. You are not a Covered Borrower, or cease to be a Covered Borrower, if you are not a member of the armed forces serving on active duty or a dependent of such member, as defined under 32 C.F.R. § 232.3(g). This Agreement shall be interpreted to comply with the Military Lending Act, including its restrictions on permissible credit terms and limitations on interest, charges, and fees. The limitations on interest and fees apply to individuals while they are Covered Borrowers, provided such individuals are Covered Borrowers as of the date they execute this Agreement. As applied to Covered Borrowers: (i) any interest, charges, or fees in excess of the permitted limit shall be reduced by the amount necessary to satisfy that limit and any amounts collected in excess of the permitted limit shall be refunded by crediting the Covered Borrower’s account or by making a direct payment to the Covered Borrower; (ii) the Mandatory Arbitration Clause in Section 28 (see below) shall not apply; (iii) the Class Action Waiver in Section 29 (see below) shall not apply; and (iii) any other provision of this Agreement that is inconsistent with the Military Lending Act shall not apply.
State Specific DisclosuresCA Residents
If you are married, you may apply for a separate account.OH 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.NY, RI, & VT Residents
- We may order credit reports in connection with processing applications/solicitations and any update, renewal, or extension of credit. Upon request, we will tell you the name and address of any consumer-reporting agency that furnished a report on you. You consent to the obtaining of such reports by signing or otherwise submitting an application or solicitation.
- New York Residents: FuturePay 1-855-984-1129. New York residents may contact the New York Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees, and grace periods. New York Department of Financial Services 1-877-226-5697 or www.dfs.ny.gov.
- No provision of a marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 adversely affects the interest of Bank, unless the Bank, prior to the time credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the Bank is incurred.
- If you are married, please contact us immediately at: Cross River Bank c/o FuturePay, 406 W South Jordan Parkway Suite 250, South Jordan, UT 84095 and provide us with the name and address of your spouse. We are required to inform your spouse that we have opened a credit account for you.
This Agreement sets forth the terms and conditions of the FuturePay Account (“Account”) and the extensions of credit issued by Cross River Bank (the “Bank”). Please read this Agreement and keep a copy.
(a)“Account” means your FuturePay revolving line of credit account that is the subject of this Agreement.
(b)“Balance” means the amount you owe us on your Account at any given time.
(c)“Billing Cycle” means the time between the dates when we prepare billing statements for your Account.
(d)“Cost” means the price of any goods and services you purchase from a Merchant using FuturePay, plus any fee or charge you agree to pay the Merchant, the cost of shipping and taxes, and finance charges, less any applicable discount or credit offered by the Merchant.
(e)“Credit Line” means the dollar amount of credit that we authorize as available for you to make Purchases with the credit available in your Account. The total balances of your Account plus Purchase transactions that have been authorized but not yet posted to your Account (but not including unpaid Fees) may not exceed the Credit Line.
(f)“FuturePay” means the services provided for the Bank, such as processing transactions, keeping records, sending billing statements and customer service. FuturePay is a registered trademark of FuturePay Holdings Inc.
(g)“Merchant” means a merchant participating in and authorized to accept the FuturePay payment option to pay for your Purchases.
(h)“Payment Due Date” means the date stated on each billing statement by which payment on your Account must be received by us.
(i)“Purchase” means your purchase of any goods or services from a Merchant and you choose the FuturePay Payment System to pay the Cost.
(j)“Termination” means that your right to make further Purchases using your Account
(k)“You” and “Your” means the person who applied for this Account and agrees to
(l)“We”, “us”, and “our” means the Bank or our affiliates, successors, or assignees,
(m)You will find definitions of other terms within this Agreement.
8.HOW YOU AGREE TO THIS AGREEMENT.You agree to the terms of this Agreement and you make the promises it contains by either applying for or accepting an Account or making a Purchase and pay the Cost using FuturePay after receipt of this Agreement.
9.GENERAL DESCRIPTION OF THE ACCOUNT AND MAKING A PURCHASE.
The Account is an
(b)Making a Purchase.You can make a Purchase using your Account by choosing FuturePay when you make a Purchase from a Merchant at a web site or at an authorized location. We will extend credit to you, in the amount of the Cost of the Purchase, and disburse the Cost of the Purchase to the Merchant on your behalf.
10.CREDIT LINE AND OTHER AGREEMENTS
(a)Credit Line. At the time you request an Account, we evaluate your request for credit and if we approve an Account for you, we establish the Credit Line for you. You may use your Account to pay for Purchases up to the Credit Line set for you, and the total balance of all transactions on the Account plus transactions which have been authorized but not yet posted to the Account (but not including unpaid fees) may not exceed the Credit Line. For example, if your Credit Line is $1,000 and you make a Purchase of $400, you will have $600 credit available for further Purchases. If you try to make a Purchase that would cause your outstanding Balance to be above your Credit Line, we will decline your Purchase request. We may occasionally and routinely verify credit information about you and obtain an updated consumer report in connection with your Account. We may decrease your Credit Line at any time. We will notify you as required by applicable law. Your Credit Line and available credit on your Account will be disclosed on each billing statement.
(b)Charge Your Account for Purchases. You authorize us to charge your Account for the Cost of any Purchase you, or anyone to whom you have given permission to use your Account, make from a Merchant using FuturePay.
(c)Finance Charges and Fees. You authorize us to charge your Account for finance charges, any Fees, costs of collection, and amounts that you agree to pay in this Agreement.
(d)Your Responsibility. If you allow someone else to use your Account, you will be responsible for paying all charges resulting from their Purchases.
(e)Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also may decline any particular charge on your account for any reason. We reserve the right not to honor transactions related to, including, but not limited to, gambling, cash advances, or illegal activities.
11.YOUR PERSONAL INFORMATION. When you choose FuturePay to make a Purchase, you authorize the Merchant to share your personal information with us to the extent necessary for us to make a credit decision in order to open your Account or increase your Credit Line, and to complete your transaction, including, but not limited to, verifying your identity, paying the Merchant on your behalf, charging your Account for the Costs of the Purchase, sending you a billing statement, servicing your Account and for all other lawful purposes in connection with your Account.
12.YOUR PROMISES TO US.
(a)Promise to Pay. You promise to pay us all balances owing on your Account, including all Purchases, Fees, finance charges, extensions of credit and any other amounts you have authorized us to charge to your Account. You promise to pay for all Purchases made by you and by anyone you authorized to use your Account. Bank (and others who may decide whether you are liable for amounts charged to your Account) may presume that you have authorized any Purchase made in your name using your Account, if the Purchase is delivered in your name to your address, unless you return the Purchase to the Merchant within a reasonable period of time. You will not be responsible for any unauthorized Purchases on your Account.
(b)Minimum Payment.You promise to pay at least the Minimum Payment Due on or before the Payment Due Date each Billing Cycle and in accordance with the reasonable requirements set forth on each billing statement.
(c)Personal Financial Information.You promise to give us personal financial information about you that we may reasonably request, from time to time.
(d)Collection Costs.You promise to pay all costs of collection if we take any action to collect your Account or take any action in a bankruptcy proceeding filed by or against you, including reasonable attorneys’ fees and expenses to the maximum amount permitted by applicable law.
You promise to promptly notify us if you change your name, your mailing address,
(f)Age of Residency. You promise that you are of legal age in the state where you reside and are a resident of the United States when you accepted this Agreement and opened the Account.
(g)Merchant Disputes. If you are dissatisfied with goods or services you purchased from a Merchant, you promise you will try in good faith to resolve the dispute and correct the problem directly with the Merchant. You agree to allow a reasonable period of time for the Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a billing error.
(h)Use of the Account. You promise to use this Account only for personal, family, or household purposes.
You promise to call us immediately at
13.CARRIED BALANCE FINANCE CHARGE.
(a)General.Your finance charge is fixed based on the Account ending Balance at the end of the Billing Cycle in a fixed dollar amount and not on a specific interest rate. You agree to pay the Fixed Finance Charge on the outstanding Balance on your Account until paid in full, as applicable.
(b)When The Fixed Finance Charge Begins.The Fixed Finance Charge is payable for each Billing Cycle if you have an unpaid Balance in your Account at the end of each Billing Cycle that is $50 or more. We will not charge you a Fixed Finance Charge on new Purchases for the first Billing Cycle after the transaction date.
(c)Assessing the Fixed Finance Charge.If the Balance of your Account is $50 or greater at the end of any Billing Cycle, we will charge you a Fixed Finance Charge of $1.25 for each $50 increment, or portion thereof, in unpaid Balance on your Account of $50 or more at the end of the Billing Cycle.
(d)How We Calculate Your Account Ending Balance.We take the Balance at the beginning of your Billing Cycle, add any new charges, including Purchases and Fees, and deduct payments and credits made during the Billing Cycle.
(e)How We Compute the Fixed Finance Charge.If the ending Balance of your Account is $50 or greater, we will charge $1.25 for each $50 increment in unpaid Balance, or portion thereof, of your Account $50 or above at the end of the Billing Cycle. For example, if the Balance of your Account is between $0.01 and $49.99 at the end of your Billing Cycle, we will not charge a Fixed Finance Charge to your Account. If the Balance of your Account is between $50 and $99.99, we will charge a Fixed Finance Charge in the amount of $1.25 to your Account; if the Balance of your Account is between $100 and $149.99 at the end of your Billing Cycle, we will charge a Fixed Finance Charge in the amount of $3 to your Account; and so on.
14.FEES.You agree to pay the following Fees, as applicable. You agree that we may add any Fee to the Balance of the Account.
(a)Annual Membership Fee. We will charge you an Annual Membership Fee of $25, on your first statement date and on the anniversary of your first statement date, every year your account is open or until your account is closed and paid in full. Your monthly billing statement will tell you how to cancel your account and avoid future annual fees.
(i)Late Payment Fee.We will charge you a Late Fee each Billing Cycle during which the Minimum Payment Due is not paid in full by its Payment Due Date. The Late Fee will be $27 for the first late payment, and $38 if another payment is late again within the next six Billing Cycles. The late fee will revert to $27 for any late payment more than six months following the most recent delinquency.
(ii)Returned Payment Fee. We will charge you a Returned Payment Fee for any payment on your Account denied or returned by a drawee for “not sufficient funds” or other reasons, such as a closed account. The Returned Payment Fee will be the amount of the Minimum Payment Due immediately prior to the date on which the payment is returned up to $27 for the first returned payment, and $38 if another payment is returned within the next six Billing Cycles.
15.MINIMUM PAYMENT DUE. The “Minimum Payment Due” each Billing Cycle will be the sum of the payment due on your Balance calculated as described below, plus any amounts past due from previous Billing Cycles.
(a)Minimum Payment.To calculate the Minimum Payment Due in each Billing Cycle, we start
(i)$20 for each $500 increment, or portion thereof, in unpaid Balance at the end of the Billing Cycle, plus
(ii)The applicable Fixed Finance Charge, plus
(iii)Any amounts past due from previous Billing Cycles.
Then we add any Fees shown on the billing statement, including any Annual Membership Fee, Penalty Fees or other fees.
The Minimum Payment Due will not exceed the Ending Balance of your Account. You may pay more than the Minimum Payment Due, up to the Ending Balance of your Account, at any time.
For example, if the Ending Balance of your Account on the last day of the Billing Cycle is less than $500, the Minimum Payment due will be $20 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement. If the Ending Balance of your Account on the last day of the Billing Cycle is between $500 and $999.99, the Minimum Payment due will be $40 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement. If the Ending Balance of your Account on the last day of the Billing Cycle is between $1,000 and $1,499.99, the Minimum Payment due will be $60 plus the Fixed Finance Charge, plus any amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement and so on.
(b)Minimum Payment Due Date.The Payment Due Date on your Account will be the same date each month and will be at least 24 days from the closing date on your statement.
(a)Making Payments.Pay your Account online or by sending a check, money order, or cashier’s check payable in U.S. dollars to the address shown on your statement. Do not send cash or other correspondence with your payment. If your payment doesn’t meet these requirements, it may not be credited to your Account for up to five days, or it may be rejected. We may accept a payment not in conformance with these requirements without losing any of our rights.
(b)Payment Application.We will apply the entire amount of each payment made to the Balance.
(c)Prepayment.A payment in excess of the Minimum Payment Due in any Billing Cycle is a “prepayment”. You may make prepayments in any amount and may pay the entire Balance or any part of it at any time provided that you pay at least the Minimum Payment Due in each Billing Cycle when it is due. You may, at any time, pay more than the monthly Minimum Payment Due or even the entire outstanding Balance without a penalty. No partial prepayment will extend the due date or affect the calculation of the Minimum Payment Due for any succeeding Billing Cycle.
(d)Effect of Credits on your Minimum Payment Due.Credits applied to your Account do not relieve you of your obligation to pay the Minimum Payment Due.
17.BILLING STATEMENTS AND CREDIT BALANCES.
(a)Billing Statements.We will provide you a billing statement for each Billing Cycle if and as required by applicable law. We do not need to provide a billing statement to you if we deem this Account uncollectible or if delinquency collection proceedings have been started. We will provide you with an electronic billing statement only and that you can obtain a paper statement subject to the charge stated in Paragraph “Fees” above.
(b)Credit Balances.We will refund any credit balance in excess of $1.00 to you as required by law. You authorize us to make the refund electronically or using an electronic transfer, (i) if you made the payment which caused the credit balance electronically, or using an electronic transfer, or (ii) if you typically make payments on this Account electronically.
(c) Errors.You agree to notify us in writing of any errors in the billing statement within 60 days from the date it is first provided to you. You agree to examine each billing statement and notify us immediately in writing of any Purchases which were not made or authorized by you.
18.EVENTS AND EFFECTS OF DEFAULT.
(a)Events of Default. You will be in default under this Agreement if you:
(i)Fail to make the Minimum Payment Due by the Payment Due Date listed on the billing statement;
(ii)Breach, or are unwilling or unable to perform, any other provision of this Agreement;
(iii)File for bankruptcy;
(iv)Become insolvent or generally unable to pay your debts;
(v)Furnish false or misleading information in applying for your Account or otherwise;
(vi)Fail to supply us with any information we deem necessary;
(vii)Pass away or become incompetent; or
(viii)Give us a payment returned unpaid by your bank or financial institution for any reason.
(b)Collection Costs.You agree to pay all costs of collection (including reasonable attorneys’ fees and expenses) if we take any action to collect this Account after default, if permitted and to the maximum amount permitted by applicable law.
(c)Our Rights.If you are in default, subject to the limitations of applicable law, we may, at our option, close your Account and declare the entire unpaid Balance on your Account immediately due and payable. We may refuse to make any new extensions of credit and may cancel any approved extensions of credit from the Account for any Purchase or transaction that has not yet appeared on a billing statement sent to you. This may happen without any prior notice to you. If we choose to grant new credit for your Account after default, you agree that we may charge the new credit to your Account. The other provisions of this Agreement will continue to apply to your Account. If we get a judgment after default and/or if you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law, the finance charges applicable to your Account will continue to apply to the balances on your Account.
19.TERMINATION OF THE ACCOUNT IN ADDITION TO TERMINATION BY DEFAULT:
(a)We, at our sole discretion, or you, may terminate this Agreement at any time and for any reason subject to the requirements of applicable law and this Agreement. Termination may be temporary or permanent.
(b)You may terminate your Account by sending written notice to the address on the billing statement.
(c)After Termination, you will not be able to make new Purchases with your Account. After Termination, you will still have to pay any remaining Balance on your Account until paid in full. All other provisions of this agreement will continue to apply.
20.OUR LIABILITY.We have no responsibility for the failure of any Merchant to accept payment using FuturePay. Our liability is limited to that determined by applicable law and will only include actual damages.
21. AMENDMENT OF THIS AGREEMENT.We may amend this Agreement from time to time and will give you written notice where required by law. An amendment may change something in this Agreement, add something new, or take something out. Unless we state otherwise any amendment may apply only to new activity on your Account. If the amendment includes any change for which we need your consent, we will obtain your consent before that amendment becomes effective. If applicable, we may obtain your consent in any one or more of the following ways: (a) by your usage of the Account after we give you notice of the amendment; (b) by your failure to write us on time if we request that you write us to reject an amendment; or (c) by your affirmative agreement which may be obtained verbally, in writing or electronically. If you do not agree to the amendment, you must notify the Bank in the manner provided with the amendment within 25 days after the effective date of the change, and the Bank may close your Account and may elect to have you pay the outstanding Balance as provided by law. Otherwise, you shall be deemed to have agreed to the change(s) in the Bank’s notice. Use of your Account after the effective date of the change shall be deemed to be your acceptance of the New Terms. Any other term in the amendment will become effective without your consent, although you may be able to avoid a fee or charge by not making the type of transaction to which it applies after the effective date of the amendment.
22.DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.
23.REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative.
24.ASSIGNMENT. You may not assign your rights under this Agreement or your Account to anyone. We may sell or assign any or all of our rights under this Agreement any time, including our rights to payments. We do not have to give you prior notice of such action, and none of your obligations will be affected by such assignment.
25. CREDIT INVESTIGATION AND REPORTING.We are authorized to make credit and investigative inquiries we deem appropriate related to your Account and the collection of amounts owed on your Account. You agree that we have the right to obtain a credit report in connection with our review of your application for your Account, and as we deem reasonably necessary to maintain and collect your Account. You authorize us to report your performance under this Agreement to credit reporting agencies, including your failure to make minimum payments on time or other defaults on your account. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at 406 W South Jordan Parkway Suite 250, South Jordan, UT 84095. Tell us what information is incorrect and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. We may also respond to inquiries about our credit experiences with you as permitted 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 obligation.
26.NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US, CONSENT TO ELECTRONIC COMMUNICATIONS AND TELEPHONE MONITORING AND RECORDING.
Terms and Conditions: By providing your phone
number and clicking consent, you have agreed to these Terms and Conditions, and you have
agreed to receive automated SMS text messages, calls, and emails for any purpose including but
not limited to marketing of products and services by Cross River Bank. You understand and
agree that such messages may be sent via Automatic Telephone Dialing System and/or artificial
(a)Communications Concerning Disputed Debts. ALL COMMUNICATIONS BY YOU TO US CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, MUST BE SENT TO: FuturePay Holdings Inc., 406 W South Jordan Parkway Suite 250, South Jordan, UT 84095.
(b)Notices and Customer
Service.You may send correspondence, inquiries and questions concerning your
Account to us at email@example.com. You may also call our
customer service at:
We may use any means of communication to contact you for any lawful purpose
(including debt collection). Such means of communication may include, but is not limited to
postal mail, telephone,
In order to contact you more efficiently, we and/or FuturePay may contact you using autodialed and/or prerecorded message calls or text messages at the telephone number(s) you have provided us. We and/or FuturePay may place such calls or texts to (i) provide servicing related communications about your Account or Account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and/or FuturePay and our service providers may contact you using autodialed and/or prerecorded message calls and text messages to carry out the purposes we have identified above. We and/or FuturePay may share your phone number(s) with service providers that we contract with to assist us in carrying out these purposes but will not share your phone number(s) with third parties for their own purposes without your consent. You also agree that these communications aren’t unsolicited for purposes of any state or federal law. Standard telephone minute and text charges may apply.
(d)Monitoring or Recording. We may monitor, tape or electronically record our telephone calls with you, including any calls with our customer service department, collection department and any other department.
(f)To Stop the
To stop automated messages from coming to your phone, you can opt out at any time. For
SMS text messages, you can
27.GOVERNING LAW.This Agreement is governed by and construed in accordance with the laws of the state of California. To the extent state law applies to this Agreement, this Agreement will be governed by the laws of the state of California without regard to principles of conflicts of law, except to the extent preempted, superseded, or supplemented by federal law. This Agreement is not valid until accepted by Cross River Bank in California, and any credit extended to you is extended in and from California, regardless of where you reside or the place where the Merchant is located.
28.MANDATORY ARBITRATION. The following arbitration provision (the “Arbitration Provision”) does not apply to you if you are a Covered Borrower as of the date of this Agreement. Please read this Arbitration Provision carefully because you are waiving the right to have disputes heard by a judge and jury and you waive the right to bring or participate in a class, representative or private attorney general action. You may choose to have this Arbitration Provision not apply to the Agreement and your Account by following the instructions in the subsection below entitled “Opt-Out Right.” This paragraph describes how all Claims (as defined below) will be arbitrated, at the election of you or us, on an individual (non-class, non-representative) basis instead of litigated in court.
(a)Definitions. The term “Claim” means any claim, dispute, or controversy between you and us arising from or relating to your Account, your account with us, or this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement. It includes claims related to the validity, enforceability, coverage, or scope of this Arbitration Provision to the maximum extent permitted by the FAA. Claims arising in the past, present, or future, including Claims arising before the execution of this Agreement, are subject to arbitration. Claim also includes, without limitation, claims that arise from or relate to any application for this Account or any advertisements, promotions, or statements related to your Account. For purposes of this arbitration provision, you and us also includes any corporate affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, the Program Manager, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of Claims. Claim also includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims, and claims based upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and equity. Claims and remedies sought as part of a class action, private attorney general action, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This includes injunctive relief, which the arbitrator may award relief only on an individual, non-public basis, subject to subsection (e) below. The term Claim is to be given the broadest possible meaning that will be enforced. Administrator means the American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.org, (800) 778-7879; or JAMS, 1920 Main St., Suite 300, Irvine, CA 92614, www.jamsadr.com, (949) 224-1810.
(b)Right to Elect Arbitration. We or you have the right to require that each Claim be resolved by arbitration on an individual (non-class, non-representative) basis. A Claim will be arbitrated if (i) both we and you or (ii) only one or the other of we or you, exercise the right to require that the Claim be arbitrated. If, for example, we exercise our right to require that the Claim be resolved by arbitration, but you do not also exercise your right to require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we nor you request arbitration, the Claim will not be resolved by arbitration and instead will be litigated in court. We will not elect arbitration for any Claim you file in small claims court, so long as the Claim is individual and pending only in that court. The Administrator’s authority to resolve Claims is limited to Claims between you and us alone, and the Administrator’s authority to make awards or decisions is limited to you and us alone. Furthermore, Claims between you and us may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. However, corporate affiliates are considered one person for the purposes of this paragraph. No arbitration award will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act (the “FAA”) (9 U.S.C. §1, et seq.).
(c)No Jury Trial or Class Claims. If we or you request arbitration of a Claim, we and you will not have the right to litigate the Claim in court. This means (i) there will be no jury trial on the Claim, (ii) there will be no pre-arbitration discovery except as the Administrator’s rules permit, and (iii) no Claim may be arbitrated on a class-action, private attorney general, or other representative basis, and neither we nor you will have the right to participate as a representative or member of any class or group of claimants pertaining to any Claim subject to arbitration. We or you may elect to arbitrate any Claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.
(d)Initiation of Arbitration. The party initiating an arbitration shall select an Administrator from the organizations listed above. If none of the Administrators listed above will accept the arbitration, the arbitration will be administered by an administrator, or adjudicated by an arbitrator, upon which you and we agree in writing (and in such event, the defined term Administrator shall include such other person). The arbitration shall be governed by the procedures and rules of the Administrator and this Agreement, which need not apply federal, state or local rules of procedure and evidence. The Administrator’s procedures and rules may limit the discovery available to you or us. You can obtain a copy of an Administrator’s procedures and rules by contacting the Administrator. A single, neutral arbitrator will resolve the Claims. The arbitrator will be either a lawyer with at least ten years’ experience or a retired or former judge, selected in accordance with the rules of the Administrator. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or other provisions of this Agreement, this arbitration provision will govern. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. Arbitration hearings for Claims by or against you will take place in the federal judicial district in which you reside. If you make a request to us in writing, we will temporarily advance to you the filing, administrative, and hearing fees for the arbitration of your Claim against us (but not if the Claim is against you) in excess of any filing fee you would have been required to pay to file the Claim in a state or federal court (whichever is less) in the judicial district in which you reside. At the end of the arbitration, the arbitrator will decide if you have to repay the advance (and if you do have to repay, you agree to do so). Unless applicable law requires otherwise, we will pay our, and you will pay your, lawyers’, experts’, and witnesses’ fees. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award.
(e)Public Injunctive Relief. To the extent allowed by applicable law, you also waive your right to seek a public injunction if such a waiver is permitted by the FAA. However, this Arbitration Provision shall not be construed to prevent you from seeking in the arbitration the remedy of public injunctive relief if (a) you reside in California, (b) you resided in California at the time you entered into the Agreement, or (c) your billing address for this Account is a California address. If you meet one of these conditions or if a court decides that such a public injunction waiver is not permitted, and that decision is not reversed on appeal, all other Claims will be decided in arbitration under this Arbitration Provision and your Claim for a public injunction then will be decided in court. In such a case the parties will request that the court stay the Claim for a public injunction until the arbitration award regarding individual relief has been entered in court. You agree that you will request such a stay when required. In no event will a claim for public injunctive relief be arbitrated.
(f) Arbitration Award and Appeals. Judgment upon the arbitrator’s award may be entered in any court with jurisdiction. The arbitrator’s decision regarding any claims will be final and binding, except for any appeal right under FAA. The appealing party will pay the appeal costs. This Agreement to arbitrate shall survive any suspension, termination, revocation of the Agreement or your Account, and any bankruptcy to the extent consistent with applicable bankruptcy law.
(g) Enforcement of this Arbitration Provision. If any part of this Arbitration Provision cannot be enforced, the rest of the arbitration provision will continue to apply. However, an arbitrator cannot enlarge his or her authority over the adjudication of Claims beyond that provided by this arbitration provision by enforcing only part of this arbitration provision. If an arbitrator determines that applicable law requires this Arbitration Provision to be enforced in a way that would result in greater authority over Claims than otherwise allowed, such as the adjudication of claims on a class or representative basis or other non-individual basis, then the arbitrator must decline to hear the dispute and shall refer the parties to a court or other with sufficient authority. In the event of any conflict or inconsistency between this arbitration provision and the Administrator’s rules or other provisions of this Agreement, this Arbitration Provision will govern.
(h) Opt-Out Right. You may reject this Arbitration Provision by mailing a signed rejection notice to the address for us above within thirty (30) calendar days of the date that you execute this Agreement. Your rejection notice must include the following information: your name, physical address, e-mail and address, and telephone number, and a statement that you are rejecting this Arbitration Provision.
29.CLASS ACTION WAIVER. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US RELATING TO THIS AGREEMENT AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL.
30.SEVERABILITY. If any of the provisions of this Agreement are held to be unenforceable or invalid for any reason, the remaining provisions hereof shall nevertheless remain
enforceable, and shall be interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent permitted by applicable law.
31.ENTIRE AGREEMENT. This Agreement is the final expression of the agreement between you and the Bank and may not be contradicted by evidence of any alleged oral agreement.
32.BILLING RIGHTS NOTICE.
YOUR BILLING RIGHTS. KEEP THIS DOCUMENT FOR FUTURE USE.
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your statement, write to us at:
Cross River Bank c/o FuturePay Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, UT 84095
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 statements.
- 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 or electronically. 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 letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
- 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 finance charges 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 finance charges 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 finance charges and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your 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’RE DISSATISFIED WITH PURCHASES MADE WITH YOUR ACCOUNT
If you are dissatisfied with the goods or services that you have purchased with your Account, 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 Account for the Purchase.
- 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 or electronically at:
Cross River Bank c/o FuturePay Holdings Inc.
406 W South Jordan Parkway Suite 250
South Jordan, UT 84095
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.