Standard Short Form
||$1.95 out of network
$0 in network
|ATM balance inquiry
||$0 per call
|Inactivity (after 12 months with no transactions)
||$0 per month
|We charge 4 other types of fees.
No overdraft/credit feature.
Register your card for FDIC insurance eligibility and other protections.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
Find details and conditions for all fees and services inside the package or call 1-833-280-6144 or visit: echopay.me
EchoPay Visa Prepaid Card is issued by MetaBank, member FDIC,
pursuant to a license from Visa U.S.A. Inc. Card is serviced by Galileo Processing.
List of all fees (“Long Form”) for EchoPay Visa ® Prepaid Card
||No fee charged
||Per card. 7-10 Business days
||Fee charged monthly
||Fees of up to $4.95 may apply when reloading your card at reload agents. Locations may be found at the Echopay website.
|Card to Card Transfer via web, text or customer service
|ATM withdrawal (in-network)
||"In-network" refers to the Visa Plus Alliance. Locations can be found at the Echopay website.
||This is our fee. “Out-of-network” refers to all the ATMs outside of the NETWORK ATM Network. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|Over the counter withdrawal
|Customer service (automated)
||No fee for calling our automated customer service line, including for balance inquiries.
|Customer service (live agent)
||No fee for expedited and regular delivery
|ATM balance inquiry (in-network)
||“In-network” refers to the Visa Plus Alliance ATM Network. Locations can be found at the Echopay website.
|ATM balance inquiry (out-of-network)
|Using your Card outside the U.S.
|International signature transaction
||Of the U.S. dollar amount of each transaction.
|International PIN transaction
||Of the U.S. dollar amount of each transaction.
|International ATM withdrawal
||$2.50 + 3%
||This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|International ATM balance inquiry
||You may also be charged a fee by the ATM operator.
||Account cancellation paper check fee.7-10 Business Days
Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to MetaBank®, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event MetaBank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact Customer Service by calling 833-280-6144, by mail at PO Box 71402 Salt Lake City, UT 84121, or visit echopay.me.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
ECHOPAY VISA PREPAID CARD CARDHOLDER AGREEMENT
CUSTOMER SERVICE CONTACT INFORMATION:
Address: PO Box 71402 Salt Lake City, UT 84121
Phone Number: 833-280-6144
(1) PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE REQUIRING ALL CLAIMS TO BE RESOLVEDBY WAY OF BINDING ARBITRATION.
(2) ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON THE CARD. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE CARD BALANCE
(3) BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the EchoPay Visa Prepaid Card (“Card”) has
been issued to you by MetaBank. "You" and "your" means the person or persons who have received and are authorized to use the Card as
provided for in this Agreement. "We," "us," and "our" mean collectively, MetaBank, a federally-chartered savings bank, member FDIC, and its
divisions or assignees. The Card is nontransferable, and it may be canceled at any time without prior notice subject to applicable law. Please
read this Agreement carefully and keep it for future reference. Your full fee schedule, otherwise known as the “Long Form,” is attached to and
considered part of this Agreement.
1. ABOUT YOUR CARD
Your Card is a prepaid card, which allows you to access funds loaded to your Card account. You should treat your Card with the same care
as you would treat cash. We encourage you to sign your Card when you receive it. This Card is intended for personal, family, or household use
and not intended for business purposes. Your Card account does not constitute a checking or savings account and is not connected in any way
to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card.
You will not receive any interest on the funds in your Card account. We may close your Card or refuse to process any transaction that we believe
may violate the terms of this Agreement or represents illegal or fraudulent activity. You are responsible for notifying us immediately upon any
change to your address, phone number, or email address. If your address changes to a non-US address, we may cancel your Card and return
funds to you in accordance with this Agreement.
2. VERIFYING YOUR CARD
Important information for opening a Card account: To help the federal government fight the funding of terrorism and money laundering
activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each
person who opens a Card.
What this means for you: When you request a Card, we will ask for your name, street address, date of birth, and other information that will
allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time. You may be limited in use and
features until we have been able to successfully verify your identity.
Eligibility and Activation: To be eligible to use and activate the Card, you represent and warrant to us that: (i) you are at least 18 years of
age; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be
bound by and comply with its terms.
3. UNAUTHORIZED TRANSACTIONS
a. Contact in Event of Unauthorized Transfer
If you believe your Card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found at the
beginning of this Agreement.
b. Your Liability for Unauthorized Transactions
Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without
your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your account. If
you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card
without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could
have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.
Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If
you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed
in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any
money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good
reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Your Card may have some additional protections against unauthorized use:
Visa Zero Liability policy covers U.S.-issued Visa-branded Cards only and does not apply to ATM transactions, PIN transactions not process
by Visa, certain commercial card transactions, or unregistered cards. You must notify us promptly of any unauthorized use. For additional details
c. Business Days
For purposes of this Agreement, our business days are Monday through Friday, excluding Federal holidays. Customer Service hours may differ.
4. USING YOUR CARD
a. Accessing and Loading Funds
(1) load funds to your account
(2) transfer funds between your Card accounts whenever you request and
(3) pay bills directly [by telephone] from your Card account.
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable
fees. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the
legal effect will be the same as if you used the Card itself. You may use your Card to purchase or lease goods or services wherever your Card is
honored as long as you do not exceed the value available in your Card account.
Your Card can also be used to:
You CANNOT use your Card to: (i) exchange your Card for its cash value; (ii) perform any illegal transactions; (iii) use the bank routing
number and account number to make a debit transaction with any item processed as a check (these debits will be declined and your payment will
not be processed); or (iv) make business-related transactions. In addition, YOU ARE NOT PERMITTED TO EXCEED THE AVAILABLE AMOUNT
IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction
exceeds the balance of the funds available in your Card account, you will remain fully liable to us for the amount of the transaction and agree to
pay us promptly for the negative balance. If your Card has a negative balance, any deposits will be used to offset the negative balance. We may
also use any deposit or balance on another Card you have with us to offset a negative balance on this Card.
Loading the Card account: You may add funds to your Card, called “loading,” by: (i) Automated Clearing House ("ACH") loads (e.g., direct
deposit); (ii) Loading cash through one of our reload locations (a list is available at ); echopay.me website or 833-280-6144 number where locations
can be found). (iii) Bank account transfer. See the Limits table below for limitations on amount and frequency for different load methods. Each
load may be subject to a fee as set out in the Long Form. If you arrange to have funds transferred directly to your Card from a third party through
an ACH load, you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you.
The only federal payments that may be loaded to your Card via ACH credit are federal payments for the benefit of the primary cardholder.
If you have questions about this requirement, please call Customer Service. We will reject any loads that exceed the maximum balance
allowed on your Card. There are also maximum load restrictions we may place on your Card when aggregated with any other Cards you have.
You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time.
Split Transactions: If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a
part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some
merchants do not allow cardholders to split transactions or will only allow you to do a split transaction if you pay the remaining amount in cash.
|Load, Withdrawal and Spend Limits*
|Maximum Card balance at any time
|Total number of times you can reload your Card
||Up to 5 reloads per twenty-four (24) hours $10.00 minimum, $1,000.00 per transaction, and $5,000.00 daily limit
||$1.00 to $5,000
|Over the counter withdrawal
||$1.00 to $1,500
|GreenDot Reload Location
||4 loads daily totaling $1,000 in rolling 24 hours Min load $1.00
|Card to Card Transfer
||$500 per day
|Total number of ATM or over the counter cash withdrawals
||Five cash withdrawals from each, and no more than six (6) times per day
|Maximum amount of ATM or over the counter cash withdrawal $1,500
||$1,500 per rolling 24 hours
|Maximum amount in Point of Sale Signature or Point of Sale PIN Transactions
||No more than $2,500 per day and $2,500 per transaction
|* Third parties may impose additional limitations.
c. Foreign Transactions
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued
("Foreign Transaction"), the amount deducted from your funds will be converted by the network or card association that processes the transaction
into an amount in the currency of your Card. The rate they choose is either: (i) selected from the range of rates available in wholesale currency
markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central
processing date. The conversion rate selected by the network is independent of any fee that we charge as compensation for our services. You
will be charged a fee for Foreign Transactions in U.S. dollars as disclosed in the Long Form. If the Foreign Transaction results in a credit due to a
return, we will not refund any fee that may have been charged on your original purchase.
d. Secondary Cards
You may authorize up to two additional Cards, called Secondary Cards.
These Cards will access funds in your main Card account. Secondary cardholder may register their Card in their name. Secondary
cardholders may be subject to verification. Use of Secondary Cards is subject to the same restrictions on your Card, and we may hold you and/or
any Secondary Cardholders liable for misuse of the Secondary Cards.
We may disclose information to third parties about your Card account or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card account for a third party, such as merchant;
(3) In order to comply with government agency or court orders, or other legal reporting requirements;
(4) If you give us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) As otherwise necessary to fulfill our obligations under this Agreement.
You may be able to get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminals. You may
need a receipt in order to verify a transaction with us or the merchant.
b. Account History and Balance
You may obtain information about your Card balance by calling Customer Service. This information, along with a 12–month history of account
transactions, is also available online at the Website mentioned above.
You also have the right to obtain at least 24 months of written history of account transactions by calling or by writing Customer Service. You
will not be charged a fee for this information unless you request it more than once per month.
7. TRANSACTIONS AND PREAUTHORIZED TRANSFERS
a. Right to stop payment and procedure for doing so
(1) If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you
initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction,
despite reasonable precautions that we have taken; or
(9) For any other exception stated in our Agreement with you.
If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Call or write to
Customer Service with the contact information located at the beginning of this Agreement in time for us to receive your request three business
days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within
14 days after you call.
b. Notice of varying amounts
If these regular payments vary in amount, the person you are paying should tell you, at least 10 days before each payment, when it will be
made and how much it will be.
c. Liability for failure to stop payment of preauthorized transfer
If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be
liable for your losses or damages.
d. Our liability for failure to complete transactions
If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we
will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
e. ATM Fees
When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a balance inquiry
even if you do not complete a fund transfer).
f. Preauthorized Credits
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person
or company making the deposit should tell you every time they send us the money. You can call Customer Service to find out whether or not the
deposit has been made.
g. Authorization Holds
With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an
amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your
available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the
preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a
transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
8. ERROR RESOLUTION PROCEDURES
In Case of Errors or Questions about Your Prepaid Account: Call or write Customer service at the Phone Number, Address, or Website
mentioned above as soon as you can, if you think an error has occurred in your prepaid account. We must allow you to report an error until 60
days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent
the FIRST written history on which the error appeared. In any case, we may limit our investigation of any alleged error that you do not report to us
within 120 days of the posted transaction. You may request a written history of your transactions at any time by calling or writing Customer Service.
You will need to tell us:
(1) Your name and prepaid account or Card number.
(2) Why you believe there is an error, and the dollar amount involved.
(3) Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether
an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take
up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount
you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint
or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or
question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our
error-resolution procedures, call Customer Service or visit our Website.
9. ADDITIONAL TERMS OF THE AGREEMENT
a. Personal Identification Number (“PIN”)
You will receive a Personalized Identification Number ("PIN") during the card activation process through the website, or by calling Customer
Service. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal
that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should contact Customer
b. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the
merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are
received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number
of days after the date the refund transaction occurs. We are not responsible for the quality, safety, legality, or any other aspect of any goods or
services you purchase with your Card.
c. Card Replacement and Expiration
If you need to replace your Card for any reason, please contact Customer Service. See Long Form for applicable fees. Please note that your
Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. However,
even if the “Valid Thru” date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that
we send due to expiration of the Card.
d. Authorized Users
If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person, regardless
of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or
charges caused your balance to go negative.
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service
providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and
email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or
artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or
that you send or make to us.
10. LEGAL NOTICES
a. English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English
meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
b. Account Closure
You may close your Card at any time by contacting Customer Service. Your request for Card closure will not affect any of our rights or your
obligations arising under this Agreement prior to the request. Should your Card account be closed, we will issue you a credit for any unpaid
balances, subject to fees as disclosed in the Long Form. We reserve the right to close your Card account should you complete or attempt to
complete any of the prohibited actions in this Agreement.
You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under
this Agreement, including any balances in your Card account. If we assign our rights, you will get a notification from us.
d. Legal Process
Regardless of where or how we are served, we will comply with any state or federal legal process, including, without limitation, any writ of
attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant we believe to be valid relating to you or your
Card. You agree that we will honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including
locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Card
account records are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will
have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We
will enforce a right of security interest against any of your Card accounts in order to reimburse us for our fees and expenses, including attorneys’
fees, court costs and expenses, in complying with legal process. We may refuse to permit withdrawals or transfers from your account until such
legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred. We may
deduct such expenses from your Card account or any other account you may have with us without prior notice to you, or we may bill you directly
for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs
and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process. When we receive an order
instructing us to restrict access to funds in a Card account, we may remove the funds from the account and maintain them separately.
e. Other Terms
You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change.
However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying
or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to
begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable
under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this
Agreement will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal
law. Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the
appropriate state agency.
11. JURY TRIAL WAIVER
YOU AND WE 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 WE KNOWINGLY AND VOLUNTARILY WAIVE ANY
RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL
WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE SET FORTH IN THE
FOLLOWING SECTION, WHICH CONTAINS ITS OWN JURY TRIAL WAIVER.
12. ARBITRATION CLAUSE
We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this
Agreement and is legally binding. For purposes of this section, our “Notice Address” is: MetaBank, Attn: Customer Service, 5501 S Broadband
Ln, Sioux Falls, SD 57108.
|Background and Scope.
|What is arbitration?
||An alternative to court
||In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.
|Is it different from court and jury trials?
||The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards
Can you opt-out of
Yes, within 60
If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60
calendar days after you purchase the Card. You must send the notice in writing (and not
electronically) to our Notice Address. Provide your name, address and Card number. State that
you “opt out” of the Arbitration Clause.
What is this
Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may
elect to arbitrate or require arbitration of any "Dispute" as defined below.
Who does the
You, us and
This Arbitration Clause governs you and us. It also covers certain "Related Parties": (1) our
parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members
and representatives; and (3) any person or company that is involved in a Dispute you pursue at
the same time you pursue a related Dispute with us
What Disputes does
This Arbitration Clause governs all “Disputes” that would usually be decided in court and are
between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has
the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this
Agreement. It includes claims related to the validity in general of this Agreement. However, it
does not include disputes about the validity, coverage or scope of this Arbitration Clause
or any part of this Arbitration Clause. (This includes a Dispute about the rule against class
arbitration.) All such disputes are for a court and not an Arbitrator to decide.
Who handles the
||Usually AAA or JAMS
Arbitrations are conducted under this Arbitration Clause and the rules of the arbitration
administrator in effect when the arbitration is started. However, arbitration rules that conflict with
this Arbitration Clause do not apply. The arbitration administrator will be either:
• The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY
• JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com
• Any other company picked by agreement of the parties.
If all the above options are unavailable, a court will pick the administrator. No arbitration may be
administered without our consent by any administrator that would permit a class arbitration under
this Arbitration Clause. The arbitrator will be selected under the administrator's rules. However,
the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you
and we otherwise agree.
|Can Disputes be litigated?
Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand
arbitration of any lawsuit you bring as an individual action in small-claims court. However, we
may demand arbitration of any appeal of a small-claims decision or any small-claims action
brought on a class basis.
|Are you giving up any rights?
For Disputes subject to this Arbitration Clause, you give up your right to:
1. Have juries decide Disputes.
2. Have courts, other than small-claims courts, decide Disputes.
3. Serve as a private attorney general or in a representative capacity.
4. Join a Dispute you have with a dispute by other consumers.
5. Bring or be a class member in a class action or class arbitration.
We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
Can you or another
consumer start a
The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All
Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an
individual small-claims action. This Arbitration Clause will be void if a court rules that the
Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.
|What law applies?
This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this
Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The
Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed
by the constitutional standards that apply in judicial proceedings.
|Will anything I do make this Arbitration Clause ineffective?
||This Arbitration Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.
|What must a party do before starting a lawsuit or arbitration?
||Send a written Dispute notice and work to resolve the Dispute
Before starting a lawsuit or arbitration, the complaining party must give the other party written
notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and
any supporting facts. If you are the complaining party, you must send the notice in writing (and
not electronically) to our Notice Address. You or an attorney you have personally hired must sign
the notice and must provide the Card number and a phone number where you (or your attorney)
can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a
Dispute notice is sent, the complaining party must give the other party a reasonable opportunity
over the next 30 days to resolve the Dispute on an individual basis
|How does an arbitration start?
||Mailing a notice
If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the
Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to
the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the
administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the
other party can demand arbitration. This demand can be made in court papers. It can be made if
a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an
arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
|Will any hearing be held nearby?
||The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.
|What about appeals?
||Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.
|Arbitration Fees and Awards.
|Who bears arbitration fees?
||Usually, we do.
||We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay
When will we cover
your legal fees and
||If you win
If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and
witnesses. We will also pay these amounts if required under applicable law or the administrator's
rules or if payment is required to enforce this Arbitration Clause. The Arbitrator shall not limit his
or her award of these amounts because your Dispute is for a small amount.
Will you ever owe us
for arbitration or
||Only for bad faith
The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have
acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure
11(b)); and (2) this power does not make this Arbitration Clause invalid
|Can an award be explained?
||A party may request details from the Arbitrator, within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing.
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