J. COLLECTION COST
You agree to pay all reasonable cost of collection incurred by the Credit Union before suit is filed. If we take legal action to collect what you owe us, you agree to pay our reasonable attorney's fees and costs of suit in addition to any other amount you owe whether the legal action we take is a collection of lawsuit, a bankruptcy proceeding, an appeal, an action to collect on a judgment we have against you, or another type of legal proceeding.
K. ERROR CORRECTION
The Credit Union can correct clerical errors in loan documents, including but not limited to errors in the interest rate quoted to you. You will be notified of any corrections and the reasons for them.
L. TERMINATION
Without prior written notice, we can terminate your account, reduce or cancel all credit available on the account, refuse to make further advances, and revoke all cards and convenience checks issued on the account for any breach of the Agreement or for any specific reason shown in section B. If that happens you will surrender all issued cards and convenience checks to the Credit Union. Termination of the Agreement does not relieve you of your obligation to repay the full account balance due under this Agreement.
M. OTHER RIGHTS APPLICABLE TO CREDIT CARDS
Unauthorized use of Lost or Stolen Cards. Under Visa ® operating rules, you are generally not liable for unauthorized use of your card. However, if you are negligent or fraudulent in handling your Card or otherwise fall under an exception to Visa ® operating rules, you may be liable for up to $50 in unauthorized Card use. In any event, you agree to promptly report the loss, theft or other actual or potential unauthorized use of your Card to us. Call 888-499-FIRE (3473), 24 hours a day to report lost or stolen Cards, or write to 3201 California Street, San Francisco CA 94118. All memberowners of the Credit Union benefit when unauthorized use losses are kept to a minimum. The limitations on liability for unauthorized use do not apply to business or organization accounts on which 10 or more cards have been issued.
Merchant Disputes. The Credit Union will not be responsible for the refusal of any merchant or financial institution to honor your Credit Card. The Credit Union is subject to good faith claims and defenses recognized by law (other than tort claims) arising out of goods or services you purchase with the card, only if you have made a good faith attempt but have been unable to obtain satisfaction from the plan merchant, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending you or from a merchant we own or operate, or (b) your purchase cost more than $50 and was made in your home state or within 100 miles of your home. We are relieved from liability if you have already paid us for the disputed transaction. Any other disputes you must resolve directly with the merchant.
Credits. If a merchant who honors your card gives you credit for returns or adjustments, he will do so by sending us a credit slip which we will post to your account. If your credits and payments exceed what you owe us, we will hold and apply this credit balance against future purchases and cash advances, or refund it on your written request if it is $1.00 or more. We will credit payments promptly as required by law so you avoid excess FINANCE CHARGES, but we reserve the right to delay restoring your credit limit or issuing a credit balance refund until final collection of non-cash items presented to pay your account.
N. GENERAL TERMS
The terms of this Agreement must be read together as part of the whole Agreement. When the singular is used, the plural is implied if there is more than one signer. If any part of this Agreement is found to be invalid, the other parts of this Agreement shall remain in effect. Applicable federal and California laws shall govern the interpretation of this Agreement.
O. MILITARY LENDING ACT PROTECTIONS
Under the Military Lending Act, the following statement applies to covered borrowers (Active Duty servicemembers and their dependents) with accounts established on or after October 3, 2017: 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).
If you would like to hear the statement above and/or hear your credit card account payment obligation communicated to you orally, please call 888-499-FIRE (3473).
ATM DISCLOSURE
This part of the Disclosure includes special provisions applicable to the use of the Credit Card to a Visa cash advance at Automated Teller Machines (ATMs). Please refer to your separate Electronic Funds Transfer disclosure for information on other ATM use.
AVAILABLE SERVICE
The amount and number of ATM transactions you can make may be limited by the ATM you are using.
ATM service is generally available seven days a week, 24 hours a day.
DOCUMENTATION OF TRANSACTIONS
Cash advances made using an ATM will be shown on a transaction receipt dispensed by the ATM, and also on your periodic statement.
CREDIT UNION LIABILITY
If we do not properly complete a transaction according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions. We will not be liable if:
Through no fault of ours, you do not have sufficient available credit to make the transaction
The ATM system was not working properly and you knew about the breakdown when you started the transaction
Your PIN (personal identification number) has been reported missing and we have blocked its use
The money in your account is subject to legal process or other claim
Circumstances beyond our control, such as fire, flood, electrical failure, or malfunction of the central data processing facility prevent the completion of the transaction despite our reasonable precautions; or there are other lawful exceptions established by the Credit Union and you are given proper advance notice of them. In no event will the Credit Union be liable for consequential indirect costs or damages.
SECURITY
Do not use an ATM machine unless it appears safe to do so. Do not key in your PIN if someone is looking. Be sure you take your card and receipt when you are done. Put your money away quickly and leave the site.
STATE AND LOCAL LAW
The following summary of your rights under federal law does not cover all rights you may have under state and local law. If, under state or local law, you have a longer period of time in statement, reliance on any such longer time period may result in your losing important rights which could be preserved by acting more promptly under federal law. State or local provisions, if any, only become operative upon the expiration of the time period provided by Federal Regulation Z for submitting a proper written notification of an error.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and responsibilities under the Fair Credit Billing Act, Statement or Electronic Transfers. If you think your statement or other documentation is wrong, or if you need more information about a transaction on your statement, write us at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us at (888) 499-FIRE (3473), but doing so will not preserve your rights.
SEND YOUR QUESTIONS IN WRITING TO:
3201 California Street, San Francisco CA 94118
IN YOUR LETTER, GIVE US THE FOLLOWING INFORMATION:
Your name and account number
The dollar amount of the suspected error
A description of the error and explanation of why you believe there is an error
If you need more information, describe the item you are not sure about.
HOW TO STOP PAYMENT OF A PRE-AUTHORIZED TRANSFER
If you have authorized us to make your Visa ® payment automatically from your Credit Union Share or Checking Account, you can stop the payment on any amount you think is wrong. To stop payment, you must contact us three business days before the automatic payment is scheduled to occur.
If you telephone your request we may require you to confirm your oral request in writing. If you fail to do so, your oral request will terminate 14 days after it is made. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so well, we will be liable for your losses or damages.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE OF ERROR
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, and if you have not yet paid the disputed amount, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including FINANCE CHARGES, and we can apply any unpaid amount against your credit limit. You do not have to pay a questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question. If we find that we made a mistake on your statement, you will not have to pay any FINANCE CHARGES related to any questioned amount. If we did not make a mistake, you may have to pay FINANCE CHARGES, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES
If you have a problem with the quality of goods or services that you purchased with a 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 property or services. There are two limitations on this right:
a. You must have made the purchase in your home state or, if not within your home state within 100 miles of your current mailing address.
b. The purchase price must be more than $50.00.
These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
NOTICE TO CALIFORNIA RESIDENTS
Under California law our right to recover credit extended to you for purchases is subject to any defenses that you have against the seller if:
a. The purchase price for the item in question exceeded $50.00
b. The purchase was made in California
c. You made a written demand on the retailer and made a good faith attempt to get satisfaction of your complaint
d. You notify us in writing, of the name of the seller, the date of purchase, the price paid, the goods or services purchased, the nature of your defense, and the acts which you took to obtain satisfaction from the seller.
The amount to which the defense applies is limited to the amount outstanding on the purchase as well as late charges and Finance charges at the time we receive your letter.
We cannot penalize you by either giving out unfavorable credit information about you or canceling or refusing to renew your credit card solely because you obtained relief under the remedies you have for correcting billing errors.
This remedy is the only one you have against us. Your rights are limited to those circumstances outlined in California Civil Code Section 1747.90. Purchases with cash or check are not included in this section even though you used your credit card to validate your credit.
CARDHOLDER
AGREEMENT AND DISCLOSURE STATEMENT
