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Visa Platinum Card - Personal Cardholder Agreement

Visa Platinum Card - Personal Cardholder Agreement

This Personal Cardholder Agreement (“Agreement”), together with the Visa Platinum Card Terms and Conditions (the “Disclosure Statement”) incorporated herein by reference, govern your Visa credit card account (“Account”) with American Bank (“the Bank”, “Issuer”, “us”, or “we”). The person whose name is embossed on the face of the Visa credit card (“Card”) provided to Cardholder and issued by us and each Cardholder, by signing or using the Card, or who fails to cut the Card in half and send it back to us within 45 days after either (i) the Card was issued to you or (ii) this Agreement was sent to you, (in each case, “Cardholder” or “you”) agrees with Issuer of the Card to the following terms:

YOUR ACCOUNT. If you have a joint account, each Cardholder has the right to use the Account up to the extended credit limit as described below. Each Cardholder is bound by these terms and each, individually, will be liable for all charges, even if only one of you uses the Account. For joint accounts, each individual separately, and both individuals together, are referred to in this Agreement as “you”.

By providing a telephone number or a cellular phone or other wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our agents. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls regardless of their purpose. These calls and messages may incur access fees from your cellular provider.

CREDIT CARD ACCOUNT SERVICES. These services are available through your Account, up to the amount of your credit limit.

a.   Purchases. You can use your Card to purchase goods and services and charge the purchase amount to your Account wherever Visa credit cards are accepted (referred to in the Agreement as “Purchases”). The number of Purchases is limited to no more than 25 per calendar day.
b.   Balance Transfers. You can request to transfer your present balance from another credit card account in your name to your Account by forwarding a copy of your last credit card statement from that creditor which shall include your name, your account number, the card provider’s name and address, along with a written request with your signature.  This information can be sent to American Bank by U.S. Mail to: ATTN: Credit Card Department, 4029 W. Tilghman St., Allentown, PA 18104 or by fax to 610.289.3326.
c.   Cash Advances. You may use your Card to obtain cash (referred to in this Agreement as a “Cash Advance”) to be charged to your Account in a variety of ways, including the following: (i) You can present your Card at a financial institution that accepts Visa cards, and sign or authorize a Cash Advance draft. The  number of cash advance drafts is limited to no more than 2 per calendar day. (ii)  You can use your Card to obtain up to $300.00 per day in cash from any authorized Automated Teller Machine (“ATM”). You can use your Card at an ATM no more than 4 times to obtain up to $300.00 per calendar day. (iii) You may use checks attached to letters we may send you from time to time ("Letter Checks") or attached to periodic monthly statements we send you ("Statement Checks") to obtain Cash Advances from us or to pay bills or make purchases and have the amount of the Letter or Statement Check charged to your Account (which we will treat as Cash Advances). You may not obtain a Cash Advance if your Account is delinquent, closed or the amount of the Cash Advance would cause your Account balance to go over your credit limit.  Cash advances are subject to a Cash Advance limit as shown on your monthly statement.

YOUR PROMISE TO PAY.

ADDITIONAL CARDHOLDERS OR OTHERS USING YOUR ACCOUNT. You may authorize others to use your Account.  You may add up to 3 additional Cardholders to your Account at no extra charge.  Each additional Cardholder will receive a credit card with his or her individual name embossed.  You promise to pay for all Purchases, Balance Transfers and Cash Advances made by anyone you authorize to use your Account, with or without a Card, and whether or not you notify us that he or she will be using it.  If another person has use of your Account and you want to end that person’s privilege, you must recover and return that person’s Card, if any.  If you are unable to recover and return the Card, you will continue to be liable for any charges made unless you tell us to cancel all Cards and establish a new Account for you, which will be done automatically if you notify us of unauthorized use.  We may request written verification from you regarding any change or cancellation to your Account.

YOUR CREDIT LIMIT. Your credit limit is shown on each of your monthly statements.  You agree not to use your Account in any way that will cause your balance to exceed your credit limit.  If you do, we may at our option, (i) refuse to honor the transaction that would cause your balance to exceed your credit limit; (ii) close your Account, and/or (iii) exercise any of our other remedies under this Agreement or at law.  In the event a transaction is posted to your Account that causes your outstanding balance to exceed your credit limit, you must pay the full amount of that portion of your balance which is over the credit limit.  The fact that we do not ask you for that amount as part of the Minimum Periodic Payment shown on your monthly statement does not relieve you of your obligation to pay it immediately.  We will not authorize any new Purchases, Balance Transfers or Cash Advances if our records show that doing so will cause your balance to go over your limit.  If we do authorize any such Purchase, Balance Transfer or Cash Advance, such authorization will not result in any waiver of our rights under this section.

HONORING YOUR CARD. We will not have any responsibility to you if anyone refuses to honor a Card issued on your Account.  Any refund, adjustment or credit allowed by us or any third party shall not be by cash but rather by a credit advice by or to us which shall be shown as a credit on your Account statement.

SECURED CREDIT CARD. If you have requested that we open a Collateral Account to collateralize and secure issuance of a secured Account, you agree to the following: 1) The Collateral Account and our practices are subject to the terms of the Collateral Account, to applicable Federal and State laws and regulations, and to our policies; 2) You must pay all charges and follow all practices set forth in the terms applicable to the Collateral Account; 3) You must abide by all future changes to the terms and charges for the Collateral Account; 4) We may disclose information about the Collateral Account and credit card accounts to credit reporting agencies and to other agencies who, in our judgment, have a legitimate business purpose for obtaining such information, subject to applicable law.

In consideration of the issuance of this secured Account, and to secure all of your obligations arising under this Account, you assign, transfer, pledge, grant a security interest in, and set over to us all right, title and interest in the Collateral Account and in all renewals, additions and proceeds of the Collateral Account.  You agree that this security interest, pledge and assignment includes and gives us the right to redeem, collect and withdraw any part or the full amount of the Collateral Account upon any default under this Agreement or in the event your Account is terminated for any reason.  You acknowledge and agree that this security interest, pledge, and assignment means that we have exclusive control over the Collateral Account.  You may not make any withdrawals from the Collateral Account while it secures your Card.  This security interest, pledge, and assignment is given as security for any and all amounts you may owe, including but not limited to interest, fees and charges which may accrue under your secured Account.  You agree that if the secured Account is closed for any reason, the funds in the Collateral Account shall remain on deposit for up to 60 days after the balance on the secured Account has been paid in full.  The Collateral Account will be an interest bearing FDIC insured account.

MONTHLY STATEMENTS - TOTAL MINIMUM PAYMENT. Each month you have a balance on your Account, we will send you a monthly statement showing, among other things, your New Balance, which is the total of unpaid obligations which have been posted to your Account as of the statement date.  Your monthly statement also shows the minimum payment amount due ("Minimum Payment"), the due date for your payment (the "Payment Due Date"), and the time of day we must receive your payment for it to be credited that day.  Your Payment Due Date will always be on the same date each month and will be at least 25 days from the closing date of your monthly statement. You can either pay the entire New Balance or you can pay in installments, but we must receive at least the Minimum Payment shown on your monthly statement by your Payment Due Date.  The Minimum Payment is figured as follows:

If Your New Balance is:
$20.00 or less

Your Minimum Payment is:
the amount of your New Balance

If Your New Balance is:
Over $20.00

Your Minimum Payment is:
5%, rounded up to the next whole dollar amount, of that portion of the New Balance which does not exceed your credit limit, plus the entire portion of the New Balance in excess of your credit limit, plus any amount past due, or $20.00, whichever is greater.

You may pay more than the Total Minimum Payment or you may pay the total New Balance at any time. Your Total Minimum Payment will be applied in any order at our discretion. Payments in excess of the Total Minimum Payment will be applied to balances with the highest APR first and then to lower rate balances in descending order of APRs. 

PAYMENTS. If we receive your payment in the form of (i) a check drawn in U.S. dollars on a U.S. financial institution or (ii) a U.S. dollar money order (any other form of payment may not be accepted), accompanied by your monthly statement payment coupon, by mail or in-person before 5 p.m. ET, on a normal business day (Monday– Friday, excluding federal holidays) at the address indicated on your monthly statement, we will credit your payment as of the date we receive it.  Do not send cash payments through the mail.  Payments that do not meet these requirements will be credited, if at all, within not more than 5 days after the date we received it.  We credit all payments made in person at the Bank prior to the regular closing hour for the location where you make the payment as of the date made, and we credit payments made in person on a Saturday as of the preceding Friday. Credit for any other payments (including by telephone or through an Internet Website) may be delayed up to five (5) days.

If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. You can stop payment at any time by notifying us in writing at least 3 business days before any scheduled payment.  If you do so, your notice will become effective with the next statement cycle. If we receive your notice less than 3 business days before any scheduled payment, it will not take effect until the second payment cycle following the payment cycle in which we received your notice.  

We may accept late payments, partial payments, post-dated checks, or any form of payment containing a restrictive endorsement without losing any of our rights under this Agreement and applicable law.  We may accept checks marked “Payment in Full” or with words of similar effect without losing any of our rights to collect the full balance of your Account if the "Payment in Full" check you gave us does not pay your Account in full.  No payment shall operate as an accord and satisfaction without the prior written approval of one of our senior officers.

By sending your check, you are authorizing the use of the information on your check to make a one-time electronic debit from the account on which the check is drawn.  This electronic debit, which may be posted to your account as early as the date your check is received, will be only for the amount of your check.  The original check will be destroyed and we will retain its image in our records.  You may elect not to have your check processed this way by calling 866.662.3320.

PERIODIC INTEREST CHARGE. Your Account will be subject to the Periodic INTEREST CHARGE Rate and corresponding ANNUAL PERCENTAGE RATE applicable to the Card, as set forth in the Disclosure Statement provided to you by us.

The Periodic Interest Charge on Purchases and Balance Transfers is calculated as follows:

Method G – Average Daily Balance (including new transactions).

To avoid incurring additional Interest Charges on the balance of Purchases and Balance Transfers reflected on your monthly statement and on any new Purchases and Balance Transfers appearing on your next monthly statement, you must pay the entire “New Balance” in full, shown on your monthly statement on or before the Payment Due Date.

The Interest Charges for a billing cycle are computed by applying the Periodic Rate to the “average daily balance” of Purchases and Balance Transfers. To get the average daily balance, we take the beginning balance of your Account each day, add any new Purchases and Balance Transfers, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the average daily balance.

The Periodic Interest Charge on Cash Advances is calculated as follows:

Method A – Average Daily Balance (including new transactions).

The Interest Charge on Cash Advances begins from the date you obtained the Cash Advance, or the first day of the billing cycle in which it is posted to your Account, whichever is later. There is no grace period.

The Interest Charges for a billing cycle are computed by applying the Periodic Rate for Cash Advances to the “average daily balance” of  your Account. To get the average daily balance, we take the beginning balance of your Account each day, add any new Cash Advances, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle.

ANNUAL PERCENTAGE RATES (APRs) ON YOUR ACCOUNT. The Periodic Rates of Interest Charges applied to Purchases and Balance Transfers, and to Cash Advances are fixed rates and will not increase while the plan is open.  The corresponding APRs for these Periodic Rates of Interest are shown on the Disclosure Statement furnished to you with a copy of this Agreement.

Penalty APR. Before we apply the Penalty APR on any type of transaction or balance, we will provide you any notice required by law.  If you fail to make a required Minimum Payment within sixty (60) days after the Payment Due Date for that payment, your Account is subject to one or more penalty Interest rates (the "Penalty APRs"), the amounts of which are also shown on the Disclosure Statement.  The Penalty APRs are also fixed rates, which will not increase while the plan is open, and apply both to Purchase and Balance Transfer balances, as well as Cash Advance balances, all in accordance with applicable law.  If your Account becomes subject to the Penalty APRs, you will have the right to reinstate the APRs that were in effect prior to the implementation of the Penalty APR if, after the effective date of the Penalty APRs, you timely pay each of six (6) consecutive monthly payments at least equal, in each instance, to the amount of that month's required Minimum Payment as shown on your monthly statement for that month.

Military Lending Act: 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).

TRANSACTION FEES. A Transaction Fee is a one-time charge made each time a new Cash Advance or a new International Transaction is posted to your Account. We charge the following Transaction Fees:

a.   Cash Fee. The charge for each Cash Advance obtained through a Cash Advance request made at a bank accepting Visa cards, an ATM, or use of a Letter Check or Statement Check, or any other source is 2% of the amount of the Cash Advance, but in no event less than $2.00, or greater than $10.00.  Please note that if you use a Cash Advance to effect a "Balance Transfer" (e.g., pay off the balance on a credit card account owed to another creditor with a Letter Check or Statement Check, such as those sent to you periodically or enclosed with your monthly statement), that transaction is treated as a Cash Advance and is subject to a Transaction Fee plus Interest Charges that begin accruing from the date you receive the Cash Advance or the first day of the billing cycle in which the transaction is posted to your Account, whichever is later. There is no grace period.  You may accomplish the same result without incurring a Transaction Fee by sending or faxing to us a letter requesting a Balance Transfer in the manner described in the paragraph titled Credit Card Account Services; Balance Transfers.   

b.   International Transaction Fee. When you use your Card at a merchant, financial institution or an ATM that settles in a foreign currency, the transaction will be converted into a U.S. dollar amount.  We will charge your Account in U.S. dollars based on the exchange rate on the day we settle the transaction, plus any special currency exchange charges that may be imposed by us, the Visa network and/or by any third-party used to complete the transaction. The exchange rate applied to each such transaction is either:  a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives; or the government-mandated rate in effect for the applicable central processing date.  In each instance, plus a 1.00% International Transaction Fee (International TXN Fee). The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. This 1.00% adjustment is made for all international transactions when there is a currency conversion associated with the transaction.

When you use your Card at a merchant, financial institution or an ATM outside of the United States and no foreign currency is involved, we will charge your Account in U.S. dollars on the day we settle the transaction, plus any special charges that may be imposed by us, the Visa network and/or by any third-party used to complete the transaction.  A 0.80% International TXN Fee (1.00% as of September 1, 2019) will be imposed on foreign transactions where a currency conversion is not performed (single-currency transaction). The 0.80% International TXN Fee (1.00% as of September 1, 2019) will not be assessed for: transactions originating on U.S. military bases, U.S. embassies and consulates and transactions originating in U.S. territories.

Since Transaction Fees are one-time charges that must be included in calculating the Annual Percentage Rate, the actual Annual Percentage Rate shown on your periodic statement may exceed the corresponding Annual Percentage Rate (which is based on a Periodic Interest Charge) in any month for which a new Cash Advance is posted to your Account.

ANNUAL FEES. None, except for ScoreCard which is $15.00.  The non-refundable Annual Fee of $15.00 for ScoreCard will be billed to your Account during the same “renewal month” each year.  If we assign your Account a renewal month other than the month of your first billing statement, we may assess a partial Annual Fee prorated for the period until the first renewal month.  All Annual Fees are payable when posted to your Account and are non-refundable except as otherwise provided by law.  The Annual Fee will be treated as a part of your Purchase Balance for purposes of calculating Periodic Interest Charges unless prohibited by law.

PENALTY FEES.

a.   Returned Check Fee. Payments returned will result in your Account being assessed a charge of up to $25.00 per returned payment not to exceed the amount of the Minimum Payment that is due in the billing cycle that is immediately prior to the date on which the payment is returned to us.
b.   Late Fee. If we do not receive at least your required Minimum Payment within 15 days after your Payment Due Date indicated on your monthly statement, we will impose a Late Payment Fee of the lesser of $20.00; or the amount of your required Minimum Payment that was due for that billing cycle.

No more than one Returned Check Fee or Late Fee will be imposed based on a single event or transaction during a billing cycle.

OTHER FEES. You may incur any one or more of the following charges in connection with your Account.

a.   Replacement Card Fee. We reserve the right to charge you $5.00 to replace a Card.
b.   Stop Payment Fee. Each stop payment that you initiate will result in your Account being assessed a charge of $15.00.
c.   Copy Fee. We may charge you $3.00 for each copy you request.

ATM SURCHARGE/ACCESS FEE. When you use an ATM that is not owned and operated by us, you may be charged a surcharge/access fee by the ATM operator and/or by any network used to complete the transfer, and you may be charged a fee for a balance inquiry.  In addition, you may be charged a surcharge/access fee for ATM or manual cash disbursement transactions initiated outside of the U.S. region by the ATM owner.

CHANGE OF INFORMATION. You agree to notify us in writing within twenty (20) days if you change your name, your home or mailing address, home or business telephone number, your place of employment, or of the occurrence of any event that results in any change in your financial stature or creditworthiness.

YOUR REPRESENTATIONS. In applying for an Account with us, you represent that all statements and information you have furnished and subsequently may furnish to the Bank is true and correct in all respects. You acknowledge and agree that we are justifiably relying upon the truth and accuracy of all such statements and information.

LOST OR STOLEN CARD OR CHECKS. If a Card or Letter or Statement Check is lost or stolen, you must tell us at once. You must also tell us at once if you think someone used a Card or Letter or Statement Check without your permission. The best way of keeping your potential losses down is by telephoning Customer Service at 800.299.9842,  727.570.4881 (if calling outside of the United States) or after hours 866.604.0381.  You may also write us a letter addressed to: Credit Card Security Department, P.O. Box 30495, Tampa, Florida 33630-3495.   Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Card or Letter or Statement Check.  This additional limit on liability does not apply to ATM transactions outside of the U.S., to ATM transactions not sent over Visa or Plus networks, to transactions using your Personal Identification Number (PIN) which are not processed by Visa. You also agree to assist us in determining the facts, circumstances and other pertinent information relating to any loss, theft or possible unauthorized use of your credit card or Letter or Statement Check and comply with such procedures as we may require in connection with our investigation, including assisting in the prosecution of any unauthorized user.

WE MAY TRANSFER YOUR ACCOUNT. We may transfer your Account and our rights under this Agreement to another person or company. That person or company will take our place in this Agreement. You must pay them the amount you owe on your Account (instead of paying us) if they ask you. You may not transfer your Account or your rights under this Agreement to any person or company.

MONITORING. We monitor credit card transactions for suspicious activity and fraud utilizing real-time fraud monitoring. This will aid in the prevention of fraud immediately by declining the transaction while the fraudster is still at the point-of-sale.  In our sole discretion if we believe that fraudulent activity is occurring, we may suspend or revoke transaction activity privileges.  In no event shall we be liable for any such suspensions or terminations of transaction privileges, or if we do not suspend or terminate such privileges.

a.  Fraud Alert Monitoring.  When fraudulent Card activity is suspected, we will attempt to contact you to verify the activity, but we are not liable in the event we are unable to do so. You agree we may contact you at any phone number (including mobile, wireless/cellular, or similar devices), email address or mailing address within our records. We may contact you by live operator, auto-dialer, recorded or artificial voice, text, or email. When you receive an alert from us, you may (i) verify the activity in question; (ii) accept or refuse the involved transaction(s); or (iii) speak to one of our representatives about the activity in question. If you receive an alert from us and you are not sure if it’s legitimate, please contact us at 610.366.1800 or 888.366.6622. You may opt-out of text messages at any time by typing STOP to one of the texts. You agree to pay any charges from your plan provider for communications we may send to you, as well as communications you send to us. 

b.  Foreign Travel.  To assist us in monitoring your account, when traveling outside of the U.S., please contact us with the dates and locations. You may also want to update our records to include a mobile phone number where you can be reached as well as an email address.  To update your information, please submit a written request by mail to: American Bank, Attn: Credit Card Department, 4029 W. Tilghman St. Allentown PA 18104; by fax at 610.289.3326; or in-person.

VISA PURCHASE ALERTS.  For added security and at no cost, you have the option to sign-up for Visa Purchase Alerts. To enroll, register your Card at visa.com/purchasealerts. You establish the parameters or triggers when an Alert will be sent to you. Triggers may include: individual transaction amount thresholds; international transactions; card-absent transactions, such as telephone or online orders. Whenever a qualified Visa transaction meets the defined parameters, an Alert will be sent to your email address. A qualified Visa transaction is any transaction routed through VisaNet, including Interlink and Plus.  

CHANGE OF TERMS. We can change the non-material terms of this Agreement at any time provided we send you notice at least fifteen (15) days prior to the effective date of the change.  If we change material terms of this Agreement (such as increasing the Interest Charges,  or certain Fees; your required Minimum Payment; or the balance computation method), a notice of such change shall be sent at least forty-five (45) days prior to the effective date of the change and may become effective as of the first day of your billing period during which the effective date occurs unless you give us written notice ("your opt-out notice") that you do not agree to the change prior to the effective date. If you timely give us your opt-out notice, you will be permitted to pay the outstanding unpaid indebtedness of your Account as of the effective date under the terms of the Agreement governing your Account at the time our change in terms notice was given without giving effect to the proposed changes in terms, but we will cancel your Account revoking your charging privileges, and you must return to us all credit cards we previously issued to you.  If you do not timely give us your opt-out notice, or you use your Card after the effective date, you will be considered to have agreed to the new terms.

CANCELLATION.  Unless prohibited by applicable law, we reserve the right to cancel your Account at any time, refuse to allow further transactions, reduce the amount of your credit line, or revoke your Card at any time without notice to you, except in those situations where notice is required by law. If we cancel your Account or if you cancel your Account by writing to us, you agree to destroy all Cards issued on your Account by cutting them in half and returning them to us.  You will continue to be responsible for full payment of the balance on your Account and all charges to your Account, including those not yet received by us, as well as subsequent Interest Charges and other charges, but may continue to repay your Account indebtedness under the terms and conditions in effect at the time you chose to cancel your Account.  Each Card is our property, and you agree that the Cards are not transferable and to surrender any Card upon demand.  

In the event we are requested to re-credit your account because of a claim by you that a transaction was unauthorized, the transaction will result in a "Failed Unauthorized Transaction".  When this occurs, we will re-credit the total amount of the transaction, including any service costs, to you.  However, should repetitive Failed Unauthorized Transactions occur on your account, especially when such transactions involve the same merchant, we reserve the right to cancel your Account, refuse to allow further transactions, reduce the amount of your credit line, or revoke your Card.  This suspension or revocation may occur without prior notice to you if circumstances warrant, but we will notify you of the actions we are taking regarding your Account.  If your Card usage is suspended or revoked, any transactions previously initiated may still continue to be processed unless canceled and confirmation of such cancellation is provided as specified below.  With respect to any Failed Unauthorized Transactions that we can show were actually initiated or authorized by you, you agree to reimburse us for any funds we have already paid to one or more of the involved merchants from which we were unable to recover funds.

All inquiries and correspondence relating to canceled, suspended or revoked Card usage, including requests for reinstatement, should be directed to:  American Bank Attn. Credit Card Department 4029 W. Tilghman St. Allentown PA 18104.

REEVALUATION OF CREDIT.  We can reinvestigate and reevaluate any information you provided on your credit application at any time, and in the course of doing so, we may ask you for additional information, request credit bureau reports and/or otherwise verify your current credit standing. You agree to provide us with the requested information within a reasonable period of time. You authorize us, both now and in the future, to check your credit history and to release information about our credit experience with you to third parties in response to legitimate credit disputes made by you.

CREDIT INFORMATION.  You agree that we may release information to others, such as credit bureaus, regarding the status and history of your Account.  If you fail to fulfill the terms of your credit obligation with us, such as, late payments, missed payments or other defaults on your Account we may submit a negative credit report which may be reflected in your credit report with a credit reporting agency. However, we are not obligated to release any such information to anyone unless we are required by law to do so.

WAIVERS. If, for any reason, we do not make use of any of our rights under this Agreement on a particular occasion, that will not limit our rights in the future in any way.

OUR ADDRESS. To send payment: Payments must be sent to the address listed on the front of the monthly statement after the phrase “make check payable to” or to American Bank, 4029 W. Tilghman St., Allentown, PA 18104.

To inquire or send correspondence: Write us at the address indicated on your monthly statement or send to American Bank, Attn: Credit Card Department, 4029 W. Tilghman St., Allentown, PA 18104.

IMPORTANT NOTICE IF YOU CONTACT US BY PHONE. You agree that we, our agents and service companies may, without the need to seek additional confirmation from you, monitor and/or record any telephone communications with you to insure that inquiries from you are handled promptly, courteously, and accurately.

IMMEDIATE REPAYMENT OF YOUR FULL BALANCE. You will be in default, and we may, without notifying you unless required to do so under applicable law, temporarily suspend your credit, close your Account, cancel all Cards issued on it and require immediate payment of your entire balance, if any of the following occurs:

a.   You fail to make a payment when it is due;
b.   You do not follow the terms of this Agreement in any material way;
c.   You have made any false or misleading statement on the application for your Account;
d.   You fail to pay any other loans you owe us;
e.   You become insolvent or die (except as otherwise explained below);
f.    There is an attachment, execution or levy against your property that is not dismissed within sixty (60) days, or you make an assignment for the benefit of creditors;
g.   A bankruptcy petition is filed by or against you or your spouse and is not dismissed within sixty (60) days;
h.   A guardian, conservator, receiver, custodian or trustee is appointed for you;
i.   You are generally not paying your debts as they become due; or
j.   There has been a material adverse change in your financial standing.

If the primary Cardholder dies, the administrator of that Cardholder's estate (including the executor of the estate) may contact us to obtain the unpaid balance of the Cardholder's Account.  Once we have been contacted by the administrator and the administrator has provided documentation of the Primary Cardholder's death and the administrator's authority to act on behalf of the Cardholder's estate, we will  terminate charging privileges on the Account, and will cease imposing fees and charges on the Account, including the accrual of interest, so the amount of the unpaid balance does not increase while the administrator makes arrangements with us to repay the unpaid balance of the Account.

ADVISORY AGAINST ILLEGAL USE.  You agree not to use your Card for illegal gambling or other illegal purpose.  Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions where the Cardholder may be located. The Cards may (i) not be used to make Purchases, Balance Transfers or obtain Cash Advances for any illegal transaction, or (ii) for any internet or online gambling transaction. Transactions for online or internet gambling will not be approved. If the Cards are used for any illegal or prohibited transaction, this Agreement also applies to such transaction and you agree to pay any and all amounts related to such transaction pursuant to the terms of this Agreement. We may, in our sole discretion, restrict the use of or terminate the Account and/or Cards if we notice excessive use of the Cards or other suspicious activities or if we reasonably believe the Cards are or have been used for one or more illegal or prohibited transactions.

VISA RULES AND REGULATIONS. The services being provided to you under this Agreement are made possible by Issuer’s status as a licensee of Visa U.S.A.  You recognize Issuer’s responsibility to comply with the current Visa U.S.A. rules and regulations and changes to them in order to continue to provide these services.

ACCOUNT UPDATER SERVICE.  As an added convenience, this service enables a secure electronic exchange of your most current Card account information for recurring payment transactions with account-on-file merchants.  This feature will automatically provide an account-on-file merchant with information such as a change to your expiration date, account number or a new card issued, which eliminates your time in having to manually update this information with the merchant.  Through this service you have a seamless account-update process eliminating direct action on your part and also reduces negative experiences caused by declined transactions. You benefit by uninterrupted service from participating account-on-file merchants.  To opt-out of this information release or if you opt-outed out previously and would later like to opt-in, please contact Customer Service at 888.366.6622.  

ACCOUNT INACTIVITY. If an "Inactivity Period," as defined herein, occurs on your Account, we will notify you of this event, as it will cause your Account to be subject to deactivation and cancellation.  In our notice, we will give you an additional period of time (usually thirty (30) days) (the "Activation Period") to reactivate your Account by using your Card to obtain an extension of credit, either by charging a Purchase, Balance Transfer, or Cash Advance to your Account.  You do not have to incur an interest charge to keep your Account active.  If you fail to reactivate your Account, we will close your Account, cancel your Card, and you should then return to us all credit cards that we issued on your Account.  As used herein, "Inactivity Period" means any two (2) year period in which there is a zero balance on your Account, and you have not obtained an extension of credit, either by charging a Purchase, Balance Transfer, or Cash Advance to your Account during this two (2) year period. If Reward Points are earned on your Account, see “ScoreCard Rewards Overview” in this document for additional information on unused points.       

LAW GOVERNING THIS AGREEMENT. TO THE EXTENT NOT EXPRESSLY PROHIBITED BY APPLICABLE LAW, THIS AGREEMENT AND YOUR ACCOUNT, AS WELL AS OUR RIGHTS AND DUTIES AND YOUR RIGHTS AND DUTIES REGARDING THIS AGREEMENT AND YOUR ACCOUNT, WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, (EXCLUDING THE CONFLICTS LAW OF PENNSYLVANIA) AND THE UNITED STATES, REGARDLESS OF WHERE YOU MAY RESIDE OR USE YOUR ACCOUNT AT ANY TIME.   This choice of law is made because of a strong relationship between this Agreement and your Account to American Bank, because Issuer is located in Pennsylvania, and to insure uniform procedures and interpretation for all of our customers, no matter where they reside or use their Accounts. The provisions of this Agreement are severable to the extent that any provision held by a court of competent jurisdiction to be unenforceable, void, or prohibited shall not invalidate the remaining provision of this Agreement. This includes any provision prohibited by the Military Lending Act for borrowers that are covered by the protections of that Act. 

LIMITATION ON LAWSUITS. You agree that any lawsuit based on any cause of action which you may have against us must be filed within two (2) years from the date that it arises or you will be barred from filing a lawsuit. This limitation is intended to include tort, contract, and all other causes of action for which you and we may lawfully contract to set limitations for bringing suit.

REGULATION Z DISCLOSURE STATEMENT. By using your Card, you acknowledge receipt from us of the Disclosure Statement required by Regulation Z of the Truth-In-Lending Act and that the terms contained in the Disclosure Statement apply to you and your use of the Card and are incorporated in full into this Agreement.  The information about the terms and costs of the Card described in this Customer Agreement is accurate as of the effective date.  This information may have changed after that date.  To determine what may have changed, call us or write to us.

Write to:

American Bank
Attn: Credit Card Department
4029 W. Tilghman St.
Allentown, PA 18104

Call us at:

610.366.1800 or 888.366.6622

Business Days:

Monday through Friday, excluding Federal holidays

 

YOUR BILLING RIGHTS: KEEP THIS NOTICE FOR FUTURE USE

This notice contains important information 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:

American Bank
Attn: Credit Card Department
4029 W. Tilghman St.
Allentown, PA 18104

In your letter, give us the following information:

You must contact us:

You must notify us of any potential errors in writing. If you call us, we are not required to investigate any potential errors and you may be required to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

  1. Within 30 days after receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
  2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

After we finish our investigation, one of two things will happen:

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 $50.00 of the amount in question, even if your bill is correct.

Your Rights If You are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit card and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase prices must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card Account do not qualify.
  3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

American Bank
Attn: Credit Card Department
4029 W. Tilghman St.
Allentown, PA 18104

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.

 

SCORECARD REWARDS OVERVIEW

SCORECARD REWARDS.  When you apply and are approved for our Platinum ScoreCard, you are eligible to participate in our ScoreCard Rewards Program.  Upon receiving your Card, register your Card information on the ScoreCard Rewards website, https://www.scorecardrewards.com/

If you are a current Cardholder and want to participate in our ScoreCard Rewards Program, please contact us at 610.366.1800 or toll-free 888.366.6622. 

Our Platinum ScoreCard has an Annual Fee of $15.00.  Please refer to the ‘Annual Fees’ section of this Agreement for additional information.

Unless you are participating in a limited-time promotional offer, you will earn one Bonus Point (“Point(s)”) in the ScoreCard Rewards Program (“Program”) for every $1 of a qualifying credit card purchase.  A qualifying purchase (“Qualifying Transaction”) shall mean: (i) a transaction that is charged to an eligible credit card account covered by the Program (“Account”), and (ii) a transaction that appears on your statement during the Program period.  Points are deducted for returns.  No Points are earned for finance charges, fees, cash advances, convenience checks (letter/statement checks), ATM withdrawals, foreign transaction currency conversion charges or insurance charges posted to your Account.  You have no limit on the Points you may earn and the Points do not expire. However, should your Card be closed for any reason, including inactivity, you will lose any points you have not redeemed. Points have no cash value.

Points can be used to order only the merchandise/travel awards (“Award(s)”) available in the current Program.  You may select Awards from any level, as long as you have a sufficient number of Points available in your Account as of the date of your most recent earnings statement. Point requirements assigned to any Award are subject to change from time to time without notice, and Awards may be substituted at any time. Should an Award be discontinued, it will be replaced with an Award of equal or greater value or, if no suitable substitute is available, you will be advised to make an alternative selection or your points may be returned to your Account. You are responsible for any applicable federal, state , or local taxes. Program is void where prohibited or restricted by law.

Your Account must be open and in good standing (i.e., not cancelled, terminated by either party or otherwise not available for your use as a payment method) at the time your order is received for processing.  We reserve the right to suspend your participation in the Program until the Account is in good standing.  Rules are subject to change without notice. The most current version of the Program rules will be provided after Account opening and may also be obtained on the ScoreCard Rewards website, https://www.scorecardrewards.com/  

Rev. 06.19

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