Please read this Credit Line Agreement carefully and keep it for your records. This Credit Line Agreement contains the terms and conditions of your Overdraft Protection Line of Credit with BBVA USA and amends your Checking Account Agreement to add a fee for this service (see Section 6 below). The application you signed or otherwise submitted (including any accompanying federal and state notices) is part of and is incorporated into this Credit Line Agreement. You do not need to separately sign this Credit Line Agreement. By signing or otherwise submitting the application, you accept and agree to the terms of this Credit Line Agreement. However, you may cancel this Credit Line before an Advance is made if you comply with Section 9 below. Only one Overdraft Protection Line of Credit is permitted per Checking Account at a time.
|Interest Rate and Interest Charges|
|Annual Percentage Rate (APR) For Advances||21.00%|
|Minimum Interest Charge||None|
|Paying Interest||There is no grace period in which to repay the balance of your Credit Line before finance charges will be imposed. You will be charged interest from the transaction date.|
|Overdraft Protection Fee||$12 ($7 in CA) per day will be charged to your Checking Account for each day in which an advance is made from your Credit Line. Overdraft Protection Fee will be waived for Military Lending Act-covered borrowers.|
None **Effective 6/28/2018, your account will be subject to a Late Payment Fee of up to $27. See Section 4 of this Credit Line Agreement for more details.
How We Will Calculate Your Balance: We use a method called "daily balance (including current transactions)". See Section 5 of this Credit Line Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in Section 18 of this Credit Line Agreement.
Subject to the restrictions stated below regarding Advances from Credit Lines opened online, whenever the Bank receives one or more items that would create an overdraft in your Checking Account (such as a check, BBVA USA Visa Check Card charge, preauthorized electronic fund transfer, ATM withdrawal or a fee or other service charge), regardless of whether the item was executed or authorized by you or another account owner, your authorized agent or any other authorized agent, or any other Authorized Signer (as those terms are defined in your Checking Account Agreement) on your Checking Account, the Bank shall consider those items to be your request for an Advance from your Credit Line. You agree to assume responsibility and liability, jointly and severally, within the limitations of applicable law, for the principal amount of all Advances from the Credit Line and all related finance charges and fees.
If the amount of your Available Credit is sufficient to cover an overdraft caused by payment of one or more items, the Bank will make an Advance in the amount of the overdraft (rounded up to the nearest dollar, unless otherwise agreed) and the related Overdraft Protection Fee, which is described in Section 6 below.
If the amount of your Available Credit is not sufficient to cover an overdraft, the Bank may, solely at its option:
If the Bank chooses to decline payment or to authorize payment against your Checking Account, as described in a., b. or d. above, you shall pay, without further notice or demand, all applicable service charges for handling and processing items presented against insufficient funds (including any NSF fee(s) and Extended Overdraft fee(s)) and the amount of any overdraft, as provided in your Checking Account Agreement. The Bank is not liable for either paying or declining to authorize payment for items that exceed the amount in your Checking Account.
Restrictions on Advances from Credit Lines Opened Online
If your Credit Line is opened as a result of an application made through a process involving the Internet, rather than in person, by telephone, or other method, no Advances to pay one or more items that would otherwise overdraw your Checking Account will be made during the thirty (30) calendar days immediately following the opening of your Credit Line. Items presented to your Checking Account during this period will not be covered by Advances from your Credit Line, and the conditions in your Checking Account Agreement otherwise applicable to treatment of such item(s) will apply.
For each Billing Cycle, the Bank will send you a periodic statement of your Credit Line, which may be included as part of the statement for your Checking Account. You agree promptly to review the statement of your Credit Line and to report any errors, unauthorized use, forgeries or alterations to the Bank. Among other information, your statement will show the outstanding balance of your Credit Line at the beginning and the close of the Billing Cycle, any Advances from your Credit Line and all related finance charges and fees during that Billing Cycle, your Credit Limit and Available Credit, the minimum payment due for that Billing Cycle, and the date on which the Bank automatically will deduct the minimum payment from your Checking Account if the Bank has not already received this payment, as provided in Section 4 below.
You agree to pay, at such places and times which the Bank designates, the principal amount of all Advances from your Credit Line, and all related finance charges and fees, in accordance with the terms and conditions of this Credit Line Agreement. If, at the close of any Billing Cycle, you have an outstanding balance on your Credit Line, you agree to pay the Bank at least the minimum payment due by the payment due date shown on your periodic statement. If your closing balance is $10 or less, the minimum payment due will be the entire balance on your Credit Line. If your closing balance is more than $10, the minimum payment due will be an amount equal to four percent (4%) of the total balance or $10, whichever is greater, plus any amount past due from the previous Billing Cycle.
If the Bank has not received this minimum payment due by the payment due date, you authorize the Bank automatically to deduct the required minimum payment from your Checking Account at the close of business on the payment due date. You agree that, if the Bank is initially unable to obtain the full amount of any minimum payment due from your Checking Account, the Bank may choose (but has no obligation) to continue attempting to deduct the uncollected portion of that minimum payment due from your Checking Account until the Bank receives that entire minimum payment due. You also agree that, in this situation, the Bank has no obligation to Advance to your Checking Account the amount of your minimum payment due in order to cover this payment. You may pay more than the required minimum payment due and, at any time, you may pay the full amount you owe the Bank without incurring any additional charge as a result of that payment.
Effective 6/28/18, If the minimum payment due is more than $10, and if the Bank has not received this minimum payment, in full, within three (3) calendar days following the payment due date, you will be charged a Late Payment Fee of $10 or 5% of the minimum payment due, whichever is greater, not to exceed $27. If the date the Late Payment Fee would be charged is not a business day, the Late Payment Fee will be charged at the close of the next business day.
Manner of Payment: All payments must be made in United States dollars. If you mail any payment to the Bank, that payment must be addressed to the address shown on your periodic statement to be credited to your Credit Line (except as provided in Section 15 below), and you agree not to send cash. If the Bank allows you to make payments in any other manner, including at a branch or an ATM, or if the Bank accepts a payment and you have not followed the Bank's instructions for payment, the Bank will credit your payment to your Credit Line within five (5) business days after the Bank's receipt of it. Any required procedures for making payments will be included in your periodic statement, and the Bank may change these procedures at any time and without notice to you. The Bank may electronically present and re-present items (such as checks) that it receives as payment on your Credit Line, as allowed by applicable law and clearinghouse rules.
Payment Allocation: Subject to applicable law, the Bank reserves the right to allocate payments to your Credit Line among finance charges, Advances, and any other charges or amounts due in any manner the Bank chooses.
You agree to pay interest based on the Daily Balance of your Credit Line during each Billing Cycle. To calculate the interest for each Billing Cycle, the Bank multiplies the Daily Balance by the daily interest rate provided below to arrive at each Daily Interest Charge, and then totals all Daily Interest Charges accrued during the Billing Cycle. The resulting interest charge is posted to your Credit Line on the last business day of the Billing Cycle. Interest begins to accrue when an Advance is posted to your Credit Line, and there is no grace period in which to repay the balance on your Credit Line before finance charges will be imposed. The daily periodic rate used to determine this interest is 0.0575% for a 365-day year and 0.0573% for a 366-day year and the ANNUAL PERCENTAGE RATE is twenty-one percent (21%).
The following language is only applicable if you are a "covered borrower" or a "dependent" of a "covered member" as those terms are defined under the Military Lending Act, 10 U.S.C. 987, 32 CFR Part 232:
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).
Please call (800) 239-1996 to have this Disclosure provided to you orally.
In your Checking Account Agreement, you agreed to pay a service charge for any item presented against insufficient funds in your Checking Account. With this Credit Line Agreement, you and the Bank agree your Checking Account Agreement is modified to provide that, for each day on which:
Subject to any restrictions of applicable law, you will be in default and the Bank may terminate your privileges under this Credit Line Agreement and/or demand immediate payment of the entire amount you owe the Bank without giving you any notice if:
If the Bank terminates your privileges under this Credit Line Agreement, your payment of any amounts owed under this Credit Line Agreement will not automatically reinstate these privileges, and you will need to reapply for a Credit Line in order to obtain overdraft protection for your Checking Account.
To the extent permitted by applicable law, you shall be liable to the Bank for all costs and damages resulting from any breach of this Credit Line Agreement. If you fail to pay any amounts due under this Credit Line Agreement and your debt is referred to one or more attorneys who are not salaried employees of the Bank for collection or other enforcement proceedings, whether by suit or otherwise, and the unpaid balance of your debt exceeds $300, you agree to pay all reasonable expenses permitted by applicable law, including but not limited to, court costs and attorneys' fees.
Subject to any restrictions of applicable law, the Bank may terminate or temporarily suspend your right to obtain Advances from your Credit Line at any time without notice to you or liability to the Bank. You agree that you will not obtain or attempt to obtain any Advance after you have been notified that your privilege to use your Credit Line has been terminated or suspended. You may terminate the right to obtain Advances at any time by notifying the Bank of your intent to do so. You must follow the termination requirements we tell you. You will not be able to close your Checking Account unless any outstanding balance on your Credit Line is paid in full and the Credit Line is closed. If you are not in default at the time of termination, you may pay off the balance due on your Credit Line according to the terms and conditions of this Credit Line Agreement. Neither termination, nor suspension will affect your existing obligations or the Bank's rights or remedies under this Credit Line Agreement, including the Bank's right to change the terms of this Credit Line Agreement from time to time. Except as otherwise provided in this Credit Line Agreement, you will remain liable for all debits posted to your Credit Line in connection with any Advance made prior to the time your right to obtain Advances from your Credit Line is terminated or suspended.
The Bank may change the terms of this Credit Line Agreement at any time by giving you notice of the change, as required by applicable law. When required by law, we will provide notice to you as provided in Section 11 of this Credit Line Agreement. These changes may include modifying or deleting existing terms and adding new terms. Subject to the requirements of applicable law, any changes to this Credit Line Agreement will become effective at the time stated in the Bank's notice to you and the amended terms of the Credit Line Agreement will apply to all outstanding unpaid balances you owe the Bank as well as new charges, unless you terminate your right to use the Credit Line on or before the date provided in the Bank's notice. No change to any term or condition of this Credit Line Agreement by you shall be effective unless accepted or authorized by the Bank in writing.
We will send statements and other notices for your Credit Line to the address we have for your Checking Account. You agree to promptly notify the Bank, in writing, of any change to your address. Any notice or communication may be delivered to you electronically, if you have agreed to receive such notices and communications electronically. Notice may also be given on your periodic statement. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. We may, but are not required to, change the address for you in our records if the U.S. Postal Service notifies us of a new address for you, and you waive any and all claims against us that arise in connection with any mail forwarded to you or sent to an address for you supplied to us by the U.S. Postal Service. Any account owner or authorized signer of a joint account may change the mailing address for your account. Notice to any one of you shall constitute notice to all of you. Your attention is drawn to additional address provisions in your Checking Account Agreement, which apply to your Checking Account and any service or product related to your Checking Account, including your Credit Line.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 ABOVE, THIS CREDIT LINE AGREEMENT AND YOUR CREDIT LINE, AND ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS CREDIT LINE AGREEMENT OR YOUR CREDIT LINE, WHETHER BASED ON CONTRACT, TORT, FRAUD AND OTHER INTENTIONAL TORTS, STATUTE, REGULATION, CONSTITUTION, COMMON LAW AND/OR EQUITY, ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA (WITHOUT REGARD TO INTERNAL PRINCIPLES OF CONFLICTS OF LAW) AND APPLICABLE FEDERAL LAW. THE LEGALITY, ENFORCEABILITY AND INTERPRETATION OF THIS CREDIT LINE AGREEMENT AND THE AMOUNTS CONTRACTED FOR, CHARGED AND RECEIVED UNDER THIS CREDIT LINE AGREEMENT WILL BE GOVERNED BY THESE LAWS. THIS CREDIT LINE AGREEMENT IS ENTERED INTO BETWEEN YOU AND THE BANK IN ALABAMA. THE BANK MAKES DECISIONS ABOUT GRANTING CREDIT TO YOU FROM, EXTEND CREDIT TO YOU UNDER THIS CREDIT LINE AGREEMENT FROM, AND ACCEPT YOUR PAYMENTS IN ALABAMA. IF ANY PROVISION OF THIS CREDIT LINE AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.
You promise that all information you have given the Bank, whether on the application for the Credit Line or otherwise, is true. You agree that the Bank may re-evaluate your financial condition and credit standing at any time and for any reason, including periodically to determine whether to renew your Credit Line for any additional period. The credit re-evaluation may include obtaining a current consumer credit report or asking you for current financial information, including accurate, up-to-date information on your assets and liabilities, true copies of your signed federal income tax returns, and verification of your employment and income. Based upon such a review, the Bank also may increase or lower your Credit Limit at its discretion without notice to you. You agree to permit and cooperate with any investigation of your credit record.
Negative Information Notice: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Inaccurate Information: If you believe that the Bank has information about you that is inaccurate or that the Bank has reported or may report to a credit reporting agency information about you that is inaccurate, please notify the Bank of the specific information that you believe is inaccurate in writing at the following address: BBVA USA, P.O. Box 2210, Decatur, AL 35699.
By providing us with your home telephone number, cellular telephone number, email address or other contact information, you authorize us and our affiliates, agents and third-party vendors to contact you using any automatic telephone dialing system, prerecorded voice, voicemail, or messaging service or e-mail alert. On occasion, these calls may be monitored by a second employee and/or recorded, and you agree to this monitoring and recording. You agree to notify us promptly if any of your contact information changes. In addition, you agree that we may also contact you at any telephone number that we may obtain for you in the future using any automatic telephone dialing system, prerecorded voice, voicemail, or messaging service. Any complaint received via e-mail may be responded to in the same manner to the same address(es) from which the e-mail was sent.
Subject to applicable law, the Bank reserves the right, at any time and in its sole discretion, to delay imposing or not to impose part or all of any fee or other amount permitted by this Credit Line Agreement or to delay exercising or not to exercise any of its other rights under this Credit Line Agreement and, should the Bank do so, the Bank will not have waived its right to impose such fee or other amount or to exercise the right as set forth in this Credit Line Agreement in the future. Without limiting the foregoing, and subject to applicable law, the Bank may, at its option: (a) accept late or partial payments, (b) agree to extend the due date of any payment due under this Credit Line Agreement for any length of time; and/or (c) release any other person responsible under this Credit Line Agreement, all without notifying you and without releasing you from your obligation to pay in full all amounts owing under this Credit Line Agreement and to perform all of your other obligations under this Credit Line Agreement. To the extent allowed by applicable law, the Bank may take other action not described in this Credit Line Agreement, and by doing so the Bank does not limit and will not lose its rights under this Credit Line Agreement.
No payment shall operate as an accord and satisfaction without the Bank's prior written approval. You agree that the Bank may accept, endorse, and collect any payment that is marked "payment in full" or that is tendered with other conditions or limitations without changing any of its rights or your obligations under this Credit Line Agreement (including your obligation to pay in full all amounts owed to the Bank) if: (i) the Bank receives the payment at any location and its records do not reflect an existing dispute of an amount owed by you to which the payment relates, or (ii) the Bank receives the payment at any location other than the special payment address provided in this Section below, and the Bank's records show an existing dispute of an amount owed by you to which the payment relates. You agree that, for the purposes of this Section, the Bank's determination and records regarding the existence of a dispute by you of any amount owed by you will be conclusive, except in the event that you prove otherwise by written evidence. If you dispute any obligation under this Credit Line Agreement, including any payment obligation, you agree to mail or deliver all written communications concerning such disputes, including any check or other payment instrument that is marked "payment in full" or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount, to: BBVA USA, P.O. Box 2101, Decatur, AL 35602-2101.
The fact that the Bank may at any time make an Advance in excess of your Credit Limit or at a time when you are in default under this Credit Line Agreement does not obligate the Bank to do so again.
Severability/Interpretation: If any part of this Credit Line Agreement is found to be invalid, the rest of it will remain in effect. It is not the intention of the parties that anything in this Credit Line Agreement should result in the assessment (charge, collection, or receipt) of interest, fees or charges in excess of those permitted by applicable law. If any interest, fee or charge assessed under this Credit Line Agreement is finally determined to be in excess of that permitted by applicable law, the excess amount will be applied to reduce the outstanding balance on your Credit Line or, if there is no outstanding balance, will be refunded to you.
Entire Agreement: This Credit Line Agreement constitutes the final expression of the credit agreement between you and us relating to your Credit Line and supersedes and may not be contradicted by evidence of any prior or contemporaneous oral credit agreement between you and us relating to your Credit Line.
Notwithstanding any other provision of this Credit Line Agreement, if you are a “covered borrower” under the Military Lending Act, as defined in 32 CFR § 232.3(g), the arbitration provisions in this Credit Line Agreement shall not apply to you. Furthermore, nothing in this Credit Line Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
BY OPENING OR MAINTAINING YOUR CREDIT LINE, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL. YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN YOUR CHECKING ACCOUNT AGREEMENT, WHICH APPLY TO YOUR CHECKING ACCOUNT AND ANY SERVICE OR PRODUCT RELATED TO YOUR CHECKING ACCOUNT, INCLUDING YOUR CREDIT LINE.
This section tells you about your rights and responsibilities to report errors on your statement. Keep this document for future use.
If you think there is an error on your statement, you must contact the Bank within 60 days after the error appeared on
your statement and 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 the Bank of any potential errors in writing. You may call the Bank, but if you do the Bank is not required to investigate any potential errors and you may have to pay the amount in question. To report a potential error, write to the Bank at the payment address shown on your bill. In your letter, give the Bank the following information:
When the Bank receives your letter, the Bank must do two things:
While the Bank investigates whether or not there has been an error:
After the Bank finishes its investigation, one of two things will happen:
If you receive the Bank’s explanation but still believe your bill is wrong, you must write to the Bank within 10 days telling it that you still refuse to pay. If you do so, the Bank cannot report you as delinquent without also reporting that you are questioning your bill. The Bank must tell you the name of anyone to whom it reported you as delinquent, and the Bank must let those organizations know when the matter has been settled between you and the Bank. If the Bank does 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.
In Case of Errors or Questions About Check Card Transactions, also referred to as debit card transactions, on Your Credit Line: If your Credit Line may be accessed by a Visa Check Card, and you dispute or need more information about a transaction on this Check Card, please refer to the agreement provided to you with your Check Card or call the Bank at 1-800-239-4357.
NOTICE TO THE BUYER - DO NOT SIGN THIS CREDIT LINE AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS CREDIT LINE AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.