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Consumer Cardholder Agreement
BMO Consumer Cardholder Agreement
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BMO Bank
Effective Jul 31, 2026. Every fact below was read from a page of this document.
Consumer Cardholder Agreement
BMO Consumer Cardholder Agreement
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Credit Card Cardholder Agreement
This Cardholder Agreement ('Agreement') and the documents listed in the next sentence ('Cardholder Documents') govern the use of your BMO Platinum Credit Card, BMO Platinum Rewards Credit Card, BMO Cash Back Credit Card, BMO Premium Rewards Credit Card, BMO Escape Credit Card, BMO Wealth Management Credit Card, and BMO Boost Secured Credit Card ('Account'), which is issued by BMO Bank N.A. ('Bank'). The Cardholder Documents include the Agreement and:
The card carrier ('Card Carrier') we send with your credit card or cards ('Card');
The Supplemental Credit Terms ('Supplement');
The application or solicitation (' Application') you signed or otherwise submitted to request the Account; and
Any PIN mailer provided to you that contains your personal identification number ('PIN').
The Card Carrier, Supplement, Application, and PIN mailer are part of this Agreement. Please read and keep the Cardholder Documents for your records.
DISCLOSURES FOR ACTIVE DUTY MEMBERS OF THE MILITARY AND THEIR DEPENDENTS
The following applies to members of the military and their dependents if, at the time you establish a covered account, you are an active duty member of the military or you are a dependent of an active duty member of the military (as set forth in the Military Lending Act, 10 U.S.C. 987, and its implementing regulations).
The Arbitration Provision of this Agreement does not apply to individuals covered by this section.
. PARTIES, ADDRESSES AND SIGNATURE
In this Agreement, 'you,' 'your' and 'cardholder' mean each person who applied for an Account approved by the Bank. 'We,' 'us' and 'our' mean the Bank or any person or entity to which the Bank sells or transfers your Account. These terms have the same meanings when used in your monthly billing statement ('Statement').
Unless you tell us otherwise, we will assume that you live at the address (1) on your Application or (2) where you have told us to send Statements (see paragraph 7 below). You agree to tell us right away of any change in your address. Our address is BMO Bank N.A., P.O. Box 6101, Carol Stream, IL 60197-6101.
Your handwritten, electronic or digital signature on any document you sign in connection with the use of your Card or Account is part of this Agreement. Such documents include, but are not limited to, your Card, Application or any accepted sales slip.
For Accounts with more than one borrower ('joint Accounts'), if you are the Primary Applicant on the Application, you are the Primary Cardholder and may have certain administrative rights in managing the Account that a Co-Applicant (a 'Co-Borrower') may not have. If you are unsure of whether you are the Primary Cardholder or Co-Borrower, you may call us at the 'Contact Us' telephone number on your Statement or write to us at the address on your Statement.
You may add Authorized Users to your Account. An 'Authorized User' is any person to whom we have issued a Card at your request. If you no longer want an Authorized User to use your Account, you must notify us.
2. USING YOUR ACCOUNT
Your Account is to be used only for personal, family or household purposes. You can access your Account by using your Card, Convenience Checks we may issue to you, your Account number (which may also be accessed through an enabled mobile device), or other credit devices. You can use your Account to make three types of transactions:
Balance Transfers: You can transfer balances from other credit card accounts to this Account. You can use a form that we provide or other method we may offer from time to time. You cannot transfer balances from other accounts you have with us. Balance Transfers accrue interest from the date of transaction without a grace period;
Cash Advances: You can get cash loans as explained in paragraph 14 below.
Purchases: You can purchase goods or services from any merchant that accepts your Card. Purchases of items that you can trade right away for cash are considered Quasi-Cash Transactions (for example, casino chips) and will be Cash Advances instead of Purchases (see paragraph 14 below); and
If your Account is a joint Account, each of you may use the Account.
3. ILLEGAL TRANSACTIONS
You agree that your Card or Account will not be used for any transaction that may be illegal under applicable law. Such transactions include, for example, Internet gambling transactions.
4. PROMISE TO PAY
By using your Card or Account, you agree to the terms in this Agreement. You specifically promise to pay all amounts you owe. If you have a joint Account, we can ask any one or all of you to pay any or all amounts. It does not matter which one of you charged the amounts to the Account.
If you let another person use your Account, including an Authorized User, you promise to pay all amounts owed because of that person's transactions.
5. CHANGES IN TERMS
Subject to the requirements and limitations of applicable law, we may change any of the terms of this Agreement. Such changes may include revising or removing existing terms and adding new terms or replacing your Card with a different Card, which may have different benefits and features. The terms changed may include, for example, periodic rates, fees and this Changes in Terms provision. We will give you notice of any change as required by applicable law.
6. CREDIT AND CASH LIMITS
We will set a maximum amount of credit for your Account (your 'Credit Limit'). We will print the dollar amount of your Credit Limit on the Card Carrier and each Statement. You may make Balance Transfers up to the full amount of your available Credit Limit, subject to any other limits we may impose.
The maximum amount of credit for Cash Advances ('Cash Limit') will be a percentage of your Credit Limit. We will print that percentage on the Supplement and we will print the dollar amount of your Cash Limit on each Statement.
You agree not to use your Account for any transaction that would cause the total unpaid balance of your Account to go over your Credit Limit. You may not get a Cash Advance if it would cause the total unpaid balance of Cash Advances (including Interest and Cash Advance Fees) to go over your Cash Limit. We may ask you to pay right away any amount over your Credit Limit or Cash Limit.
We may change the amount of available credit from time to time. This means we may increase, decrease or remove your Credit Limit, and/or Cash Limit. We may also limit the frequency and amount of Cash Advances you may make in any time period. We also may set a limit for other types of transactions, such as Balance Transfers. We may change the amount of available credit without telling you first unless applicable law requires us to do so. Reasons for changes include, for example, your credit history with us and/or your default under this Agreement (see paragraph 18.B below). Other reasons include prevention of fraud and changes to this credit card program or Bank policy. Although we credit your payments as described in paragraph 13.C and D below, we may not make credit available on your Account in the amount of your payment right away.
7. YOUR STATEMENT
We will send you a Statement for each monthly billing cycle in which:
You owe us or we owe you more than $1 on the last day of the cycle;
There is any other activity on your Account and we are not prohibited by law from sending a communication to you; or
We impose Interest or a fee;
Applicable law requires us to send a Statement.
The Statement will show important information about your Account, such as:
The unpaid balance of your Account at the beginning of the cycle;
Transactions, Interest, fees, and any other amounts charged to your Account during the cycle;
Payments or other credits to your Account during the cycle;
The total unpaid balance of your Account on the last day of the cycle ('New Balance');
Your Credit Limit, Cash Limit, and the dollar amount of credit and cash available (' Available Credit' and ' Available Cash'). We may display your Available Cash as an amount rounded down to the nearest dollar.
The minimum payment you must make (the 'Minimum Payment Due') and the date that it is due (the 'Payment Due Date'); and
Active PaySmart Plan Details, if applicable.
We will send Statements and any other notices to (1) the address on your Application, or one of the addresses on your Application for joint Accounts or (2) a different address you give us. If your Account is a joint Account, each one of you agrees that any one of you can pick the address, but we will only send Statements and notices to one address.
Subject to limitations we may impose, you may be able to change your Payment Due Date. For more information, contact us at the 'Contact Us' telephone number on your Statement.
8. INTEREST
We will calculate interest on your Account each cycle by multiplying a daily periodic rate by the balance subject to the interest rate of your Account ('Interest') as described in paragraphs 9 and 10 below. We will charge a minimum Interest charge in the amount shown on the Supplement in any billing cycle that you owe Interest.
9. PERIODIC RATES
We will use one or more periodic rates to determine how much Interest you owe. The periodic rate is the annual percentage rate ('APR') divided by 365. The Supplement shows the periodic rates and APRs that apply to your Account.
A. Purchase Rate. The rate for Purchases ('Purchase Rate') will be the rate shown on the Supplement.
B. Cash Advance Rate. The rate for Cash Advances ('Cash Advance Rate') will be the rate shown on the Supplement.
C. Balance Transfer Rate. The rate for Balance Transfers ('Balance Transfer Rate') will be the rate shown on the Supplement.
D. Variable Rates. The applicable rate for each billing cycle will be an index rate ('Index Rate') plus a percentage we select ('Margin').
Different Margins may apply to different transactions. For example, we may give you one Margin for Purchases ('Margin for Purchases'). We may give you a different Margin for Cash Advances ('Margin for Cash Advances') and for Balance Transfers ('Margin for Balance Transfers'). We will print the Margins for your Account on the Supplement.
The Index Rate is the Prime Rate published in The Wall Street Journal ® on the last publication day of the month just before each Statement date. If there is no published Prime Rate, we may pick a similar rate. We will tell you what rate we pick.
If the Index Rate changes, your variable rate may change. For example, variable rates may increase if the Index Rate increases. Any increase or decrease in a variable annual percentage rate due to a change in the U.S. Prime Rate takes effect as of the first day of the following billing period. If a variable rate changes, the new rate will apply to new transactions and existing balances. If any variable rate increases, the amount of Interest and the Minimum Payment Due may increase.
10. BALANCE SUBJECT TO INTEREST RATE
The balance subject to Interest is the average daily balance of your Account. We calculate the average daily balance on your Account in three categories: (1) Purchases, (2) Cash Advances, and (3) Balance Transfers. To get the average daily balance for each category, we take the beginning balance of your Account for that category each day. We then add any new transactions in that category, which may include fees and Interest. We then subtract any new payments or credits. This gives us the daily balance for each category. We then add up all the daily balances for each category for the billing cycle. We then divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance for Purchases, the Average Daily Balance for Cash Advances, and the Average Daily Balance for Balance Transfers.
11. WHEN INTEREST BEGINS
You will have at least a 25-day grace period ('Grace Period') on some transactions. This means you have at least 25 days from the Closing Date on your Statement ('Statement Closing Date') to pay for new Purchases before we charge Interest on them. We will not charge you interest on new Purchases if you pay your New Balance or Statement Balance if you have any PaySmart Plan balance(s), in full by the due date each month. We begin charging interest on Cash Advances and Balance Transfers on the transaction date. If you take advantage of an offer with an Introductory or Promotional APR, we will charge you Interest on new Purchases, unless your Purchases have a 0% APR, or you pay your Statement Balance, including any Balance Transfers, Cash Advances and Promotional Balances, in full each month by your payment due date.
PaySmart Plans : From time to time we may offer to you the benefit of our PaySmart Installment Plan, which allows you to pay off balances in fixed monthly payments over time and still avoid paying interest charges on new Purchases, as long as you pay the Statement Balance in full each month. PaySmart Plans may not be available based on Account activity after an offer was made. You may pay PaySmart balance(s) off early by paying your New Balance in full, which includes activity on your Account since the previous statement.
12. FEES
All of the fees we charge except the fees for PaySmart Plans, Balance Transfers, Cash Advances, and Convenience Checks will be treated as Purchases in the billing cycle in which the fee is assessed. We will assess fees associated with Balance Transfers, Cash Advances, and Convenience Checks in the same category as each of those transactions.
A. Fees shown on Supplement. We may charge the following fees. If a fee applies to your Account, we will print the amount of the fee on the Supplement. We may change or supplement these fees from time to time, and if we do, we will provide you with notice of any such change.
An Annual Fee will appear on your first billing Statement and annually thereafter unless otherwise disclosed.
PaySmart Fee (Monthly Plan Fee) for each payment plan you establish.
Transaction Fees
a. A Cash Advance Fee for each Cash Advance (not to exceed $10 for any Cash Advance you get under any overdraft protection program we may offer (see paragraph 14 below));
b. A Balance Transfer Fee for each Balance Transfer; and
c. A Foreign Transaction Fee for any transaction you make outside the United States (except Puerto Rico or the U.S. Virgin Islands).
Penalty Fees
a. A Late Payment Fee if we do not receive at least the Minimum Payment Due by the Payment Due Date. The Late Payment Fee that applies to your Account is the amount printed on the Supplement or the Minimum Payment Due when the payment was late, whichever is less; and
b. A Returned Payment Fee if the payment you make is returned for any reason. The Returned Payment Fee that applies to your Account is the amount printed on the Supplement or the Minimum Payment Due when the payment was late, whichever is less if the payment you make is returned for any reason.
B. Fees disclosed at time of request. Unless prohibited by law, we also may charge you other fees from time to time. If a fee applies to your Account, we will tell you the amount of the
fee at the time you request the service. Some fees that may apply to your account include:
An Expedited Delivery Fee (in addition to any other applicable fees) if you ask us to send a Card by expedited delivery;
A Replacement Card Fee if you request a replacement Card;
An Expedited Payment Fee if a representative of ours helps expedite your payment.
C. Convenience Check Fees. Unless prohibited by law, we may also charge you fees associated with your use of Convenience Checks, and we will tell you the amount of the fee at the time you request the service or with the offer accompanying the Convenience Checks:
A Convenience Check Fee will apply to the use of Convenience Checks.
A Stop Payment Fee if you request to stop payment on a Convenience Check.
A Returned Payment Fee if a Convenience Check is returned for non-payment for any reason.
13. YOUR PAYMENTS
A. Minimum payment. Each billing cycle you must pay at least the Minimum Payment Due by the Payment Due Date. We calculate the largest of the following and then add (1) the PaySmart Payment Amount and (2) the greater of any amount that is past due or any amount in excess of your credit limit:
The Adjusted New Balance on the billing statement if it is less than $25;
$25 if the Adjusted New Balance is at least $25;
1% of your Net New Balance plus any new Interest charges and any new Penalty Fees. We round that number down to the nearest dollar. Net New Balance is your Adjusted New Balance less any new Interest charges and any new Penalty Fees.
2% of the Adjusted New Balance (this calculation is rounded down to the nearest dollar); or
However, the Minimum Payment Due will never exceed your New Balance. You may at any time pay more than the Minimum Payment Due up to the full unpaid balance without any extra charge.
B. How to make payments. Make your payment by check, money order or similar instrument in U.S. dollars. If you write a check, the check must be from a financial institution in the United States. Do not send us cash. You may not use a Convenience Check drawn on an Account issued by us to pay us (see paragraph 14 below). Mail your payment to the address on your Statement or deliver it in person to a Qualifying Branch (see paragraph 13.D below). With your payment, include your payment coupon, which is a part of your Statement. If you do not include your payment coupon, we may delay crediting the payment to your Account. A Late Payment Fee and additional Interest may be charged if crediting is delayed. Other payment options may be available. Please call us at the 'Contact Us' number provided on your Statement or refer to your Statement for instructions.
We won't treat credits made on your Account, including credits from merchants or some credits made by person- to-person money transfers, as payments, and such credits may not be applied towards reducing your Minimum Payment Due. You cannot use gift cards, gift certificates, electronic certificates or similar instruments purchased by you or anyone else with a BMO credit card to make a payment on your Account.
C. When we credit payments and how we apply payments. If we receive your payment by mail by 5:00 p.m. Central Time on any business day, we will credit the payment to your Account as of that day. Otherwise, we will credit the payment on the next business day. If you make a payment at any location other than the address on your Statement or a Qualifying Branch (see paragraph 13.D below), we may delay crediting that payment. We may use payments up to the required Minimum Payment Due to pay down the balances of your Account in any order we decide. This may include paying balances subject to lower
rates of Interest before balances subject to higher rates. For any payment amount over the Minimum Payment Due we will allocate such amounts to pay balances subject to higher rates of Interest before paying balances subject to lower rates. If your payment is returned as unacceptable for any reason, we may post a transaction to your Account in an amount equal to the credit we previously gave for the payment, and we may charge a Penalty Fee and Interest on this amount from the date your Account originally was credited for the payment. You may also lose any Promotional or Introductory Rates subject to paragraph 22 below.
D. In-Branch payments. If you have a BMO-branded card, you may deliver your payment during normal business hours to a Customer Service Representative at any bank branch identified by the BMO name, brand or logo ('Qualifying Branch'). We will credit such payments on the day we receive them.
E. Disputed payments. You agree not to send us disputed payments. By disputed payment, we mean a payment of less than the amount due marked 'paid in full,' 'without recourse' or similar language. If you send a disputed payment, we may take it without losing any of our rights. If you want to tell us about a disputed payment, you can send a letter and/or disputed payment to the address listed in paragraph 1 above and not the address on your Statement. You may also call us at the 'Contact Us' number provided on your Statement.
14. GETTING CASH ADVANCES
You can get a Cash Advance by taking your Card to a financial institution and asking for cash (see paragraph 6 above). You also can get a Cash Advance in one of the following ways:
Convenience Checks: We may send you Convenience Checks (or Promotional Checks) from time to time. You can use a Convenience Check like a personal check, and it will be subject to the terms provided with the Convenience Checks, in addition to the terms of this Agreement. We may charge a Convenience Check to your Account at the time we receive it, even if it (1) is post-dated, (2) is stale or (3) will cause you to go over your Credit Limit or Cash Limit. (By 'post-dated,' we mean the date of the check is in the future. By 'stale,' we mean a bank is not required to pay the check because the date of the check is too far in the past.) You can ask us to stop payment on a Convenience Check by calling or writing us at the 'Contact Us' number or address on your Statement. We cannot guarantee stop payment on Convenience Checks. We will not owe you anything if we fail to stop payment.
ATM Cash Advances: You can get an ATM Cash Advance by using your Card at an automated teller machine ('ATM'). The ATM must accept cards from the Mastercard family of brands. You must use the correct PIN. You can request a PIN by calling the customer service number on the back of your Card or the 'Contact Us' number on your Statement. Any terms, conditions or limitations of the ATM network you use will apply to ATM Cash Advances. We may limit the number or amount of ATM Cash Advances you can get in one day. We may stop you from getting ATM Cash Advances if we reasonably believe there is unusual activity on your Account. We also may stop you from getting ATM Cash Advances if you are in default under this Agreement (see paragraph 18.B below).
Overdraft Protection Advances: If you have a checking or demand deposit account ('DDA') with us now or in the future and you have enrolled in an available overdraft protection program, we may offer you an automatic Cash Advance to transfer money from your Account to your DDA. The automatic Cash Advance feature of our overdraft protection program may not be available on all Accounts. The amount of the Cash Advance will be the amount of the overdraft rounded up to the nearest $100, not to exceed your Cash Limit. By overdraft, we mean the total amount by which checks, payments, charges and other items properly chargeable to your DDA exceeds the balance of your DDA. You must be enrolled in the overdraft protection program at the time of the overdraft. The terms and conditions of the overdraft protection program also apply to this type of Cash Advance. We will give you those terms and conditions when you enroll in the program.
Cash Equivalents: Cash equivalent transactions include, but are not limited to, person-toperson money transfers and purchases of items that you can trade right away for cash ('Quasi-Cash Transactions') will be Cash Advances. Quasi-Cash Transactions include, but are not limited to, purchases of casino gaming chips, money orders, deposits, wire transfer money orders, travelers checks, foreign currency and similar items.
15. CURRENCY CONVERSION
You can make transactions in currencies other than U.S. dollars. If you do, Mastercard will convert the amount of the transaction to U.S. dollars. Mastercard uses either (1) a rate Mastercard selects from the range of rates available in wholesale currency markets for the applicable central processing date, or (2) a rate set by a government for the applicable central processing date. The conversion rate may be different from the published rate in effect on the day that you made the transaction or that we posted the transaction to your Account.
16. AUTHORIZATION OF TRANSACTIONS
We do not promise to authorize every transaction you request. We may limit the number or amount of transactions we authorize on your Account in any one day. We may refuse to authorize any illegal transaction. We may refuse to authorize any transaction that would cause you to go over your Credit Limit or Cash Limit or any other limit we impose on your Account. We may refuse to authorize transactions if your Account is closed or in default (see paragraph 18 below). We will not pay for any harm these actions may cause you, except as required by applicable law. In addition, we will not owe you anything if a merchant or financial institution does not let you make a transaction on your Account. We also will not owe you anything if there is a problem with goods or services you purchase using your Account, except as explained in Your Billing Rights below.
17. UNAUTHORIZED USE
If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should call us immediately at the 'Lost or Stolen' telephone number provided on your Statement. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.
18. CLOSING YOUR ACCOUNT
A. How you can close your Account. You can close your Account at any time by calling us at the 'Contact Us' telephone number or writing to us at the 'Contact Us' address on your Statement. We will close your Account after we receive your notice. If you close your Account, you must stop using your Account right away unless you and we agree otherwise. You must also destroy and safely dispose of your Card.
B. When we can suspend or close your Account; default. We can suspend or close your Account at any time. We will not tell you first unless applicable law requires us to do so. We may suspend or close your Account for any reason. One of the reasons may be your default under this Agreement. We may decide you are in default if:
You do not pay any Minimum Payment Due by the Payment Due Date;
You die or become bankrupt, insolvent or incompetent;
We believe any information you gave us is false, misleading or incomplete;
Someone tries to get your assets, wages or property by filing a legal action against you;
You go over your Credit Limit or Cash Limit;
You break any promise you make in this Agreement;
You are in default under any other loan or security agreement you have with us;
You move to, or you live in, a place where we do not, or no longer, offer Accounts (including any location outside the United States).
However, we will not decide you are in default for a reason prohibited by applicable law.
C. After you or we close your Account. If you or we close your Account, you must pay the full amount you owe us. The full amount includes amounts you owe that we have not yet billed to you. If we close your Account, we may ask you to pay the full amount right away. We will not ask you to pay right away if applicable law prohibits it or you and we agree that you do not have to. Until you pay us in full, we may continue to charge applicable fees as well as Interest on the amount you owe us. We also may continue to report the amount you owe us to consumer reporting agencies and other proper parties. You must destroy your Card if we ask you to.
19. COLLECTION COSTS
If we refer your Account to an attorney for collection after your default, we may charge you our collection costs. Collection costs may include court costs and reasonable attorneys' fees. We will charge these costs only when and as permitted by applicable law.
20. SECURITY
We may ask you to give us something valuable to secure payment of amounts you owe under this Agreement. We will not take as security any household goods or real property.
To the extent that you have a BMO Boost Secured Credit Card, your Account is secured by a deposit account in your name at the Bank (a 'Collateral Account'). To secure all your obligations arising under your Account, you assign, transfer, pledge, grant a security interest in, and set over to the Bank all rights, title and interest in and to funds in the Collateral Account equal to the credit limit on your BMO Boost Secured Credit Card (the 'Pledged Amount'). You agree that this security interest, pledge, and assignment includes and gives the Bank the right to redeem, collect and withdraw any part of the Pledged Amount of the Collateral Account upon any default under this Agreement or in the event your Account is terminated for any reason.
You may not withdraw any amounts from the Collateral Account if such withdrawal would cause the balance in the Collateral Account to fall below the Pledged Amount. This security interest, pledge, and assignment of the Pledged Amount in the Collateral Account 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 BMO Boost Secured Credit Card Account. You agree that if the BMO Boost Secured Credit Card Account is closed for any reason, the Bank may apply the Pledged Amount of funds in the Collateral Account to pay off any balance on the BMO Boost Secured Credit Card Account. The balance of the Pledged Amount in your Collateral Account is only refundable after your BMO Boost Secured Credit Card Account is closed and all amounts outstanding on your BMO Boost Secured Credit Card Account owed to the Bank are paid (any remaining balance of the Pledged Amount you request to be refunded may take up to 30 days to be returned to you). The Collateral Account will be subject to a separate deposit account agreement, and you agree to abide by the terms and conditions of that agreement, including the payment of any fees and charges incurred in connection with the Collateral Account.
21. OTHER SERVICES
From time to time, third parties may offer you services. These services may include credit card registration, address change service and other related services. If you purchase a service, we will charge the fee to your Account. If you have a problem with a service, you must contact the third party to resolve it. We will not owe you anything for a claim related to the service. You agree to hold us harmless to the fullest extent possible from any such claims, unless otherwise prohibited by applicable law. These services may be discontinued or the terms of the services changed at any time without advance notice.
22. SPECIAL PROGRAMS
From time to time, we may offer Special Programs. A Special Program will have some terms that are different from the terms in this Agreement. We will tell you the terms when we make the offer. If you accept the offer, you agree to those terms. Except where the Special Program terms are different, the terms in this Agreement continue to apply to Special Program transactions. The terms in this Agreement also continue to apply to transactions that are not Special Program transactions. We may use your payments up to the required Minimum Payment Due to pay down Special Program balances before other balances on your Account. This may reduce the time that any Special Program applies to your Account. This also may increase the amount of Interest you will owe on the other balances. Special Programs may include, for example:
Introductory Rate: A lower rate ('Introductory Rate') will apply to your Account or to certain transactions on your Account (for example, Purchases) for a certain period of time ('Introductory Period'). However, the Introductory Period may end sooner. It will end sooner if you do not pay the full Minimum Payment Due within 60 days of the Payment Due Date. After the Introductory Period ends, the rate(s) will increase to the rate(s) that applies at that time. If your Account has an Introductory Rate, we will print the Introductory Rate and Introductory Period on the Supplement. The Supplement also will explain the transactions to which the Introductory Rate applies.
PaySmart Fee (Monthly Plan Fee): When you create a PaySmart Plan it will be subject to a fixed monthly fee. The exact fee will be based on the purchase amount and the duration of the plan which will be disclosed when the plan is created. The fee is part of your PaySmart Monthly Plan Payment which is included in your monthly Minimum Payment Due. If a PaySmart plan is paid off early or cancelled fees are no longer billed. Access to a PaySmart plan is subject to additional terms and conditions available at bmo.com/paysmart-terms-conditions.
Promotional Rate: A different rate ('Promotional Rate') will apply to your Account or to certain transactions on your Account for a certain period of time ('Promotional Period'). However, the Promotional Period may end sooner. It will end sooner if you pay the balance subject to the Promotional Rate before the Promotional Period ends. Except during the first year your Account is open, it also will end sooner if you do not pay the full Minimum Payment Due by the Payment Due Date. During the first year your Account is open, it also will end sooner if you do not pay the full Minimum Payment Due within 60 days of the Payment Due Date. After the Promotional Period ends, the rate(s) will increase to the rate(s) that applies at that time. If your Account has a Promotional Rate, we will print the Promotional Rate and Promotional Period on the Supplement or Special Program offer. The Supplement or Special Program offer also will explain the transactions to which the Promotional Rate applies.
23. INFORMATION ABOUT YOU
A. How we use and share your credit information. When you applied for an Account, you gave us information about yourself. You also agreed that we could request information about your creditworthiness and employment from others (including requesting your consumer report from consumer reporting agencies). We use this information when considering your Application and for any other lawful purpose. These purposes include (1) any updates, renewals or extensions of credit and (2) reviewing or collecting your Account. If you write to us at Credit Card Marketing, P .O. Box 2035, Milwaukee, WI 53201-2035, we will tell you the name and address of each consumer reporting agency that gave us your
consumer report. We may give information about you and your Account to consumer reporting agencies and other proper parties.
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.
B. Tell us about inaccurate information. Tell us if we have inaccurate information about you. Also tell us if we reported inaccurate information about you to a credit reporting agency. Write to us at the address listed in paragraph 1 above. Include in your letter the specific information you think is inaccurate.
D. Authorized Users. We may share information about your Account with Authorized Users you add to your Account.
C. Emergency card services. We may share your personal information with Mastercard International, Mastercard International contractors and service providers, and our contractors and service providers, for the purpose of providing Emergency Card Replacement and services to you.
24. CONSENT TO TELEPHONE CALLS AND MONITORING
You authorize us (which includes, for the purposes of this paragraph, our agents and representatives) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, email and text messaging systems in order to provide you with information regarding your Account, including information about missed payments, the suspected misuse of your Card, or general servicing items.
You authorize us to make such contacts using any telephone numbers (including wireless, landline and Voice Over Internet Protocol numbers) you have supplied or will supply to us in connection with your Account or any other account you may have or will establish with us. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you, and you agree that we will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call or text message, you may incur a charge from the company that provides you with telecommunications, wireless and/or data services, and you agree that we will have no liability for such charges.
You expressly authorize us to monitor and record your calls with us. We may use voice ID technology for authentication purposes when you call us. To verify your identity, voice ID technology creates and stores a voiceprint, a digital representation of your voice. Thereafter, each time you call us, voice ID technology matches your voice to your voiceprint to make sure it' s you without the need to enter a password or provide other information verifying your identity. Using voice ID technology to verify your identity is optional. If you prefer to verify your identify without using voice ID technology, we will use an alternate method to identify you. When you call us, you will have the option to enroll in or opt out of using voice ID technology.
You agree that you are the owner and/or primary user of any telephone number or email address you provide to us and that you will notify us if this is no longer true as to any such telephone number or email address.
25. AUTOMATIC BILLING UPDATER SERVICE
We participate in the Mastercard ® Automatic Billing Updater (ABU) service. When your Card number or expiration date is updated, or your Account is closed, we will provide the updated Card information to merchants who participate in ABU with whom you have automatic billing arrangements (such as telephone, cable companies, insurance and health clubs). Since not all merchants participate in ABU, you should notify each merchant with whom you have automatic billing arrangements of the updated Card information to ensure your payments are not interrupted.
If you do not want us to provide your Card updates through ABU, please call the customer service number on the back of your credit card and allow 60 days for your opt out to take effect.
26. GOVERNING LAW
This Agreement and your Account are governed by federal law applicable to a national bank and, to the extent not preempted by federal law, the laws of Illinois, without regard to its conflicts of law provisions. We have accepted this Agreement in Illinois.
For Maryland residents only, to the extent federal law and the laws of the state of Illinois do not apply, this Agreement is governed by Title 12, Subtitle 9 of the Maryland Commercial Law Article.
27. ARBITRATION PROVISION
PLEASE READ THIS PROVISION CAREFULLY. It affects your rights and will have a substantial impact on how legal claims you and we have against each other are resolved.
Summary
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling us. In the unlikely event that we are unable to resolve any Claims you may have to your satisfaction (or if we have not been able to resolve a Claim we have with you after attempting to do so) after following the procedures set forth in this provision, you and we each agree to resolve those Claims through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this provision will take place on an individual basis; class arbitrations, class actions, other representative actions, and nonindividualized injunctive relief are not permitted. By agreeing to arbitrate, both parties are waiving the right to a trial by jury or before a judge.
YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION AS DISCUSSED BELOW.
Special Definition of Certain Terms
For purposes of this Section 27 only, references to 'you,' 'your,' 'we,' 'our,' and 'us' in this arbitration provision includes all authorized or unauthorized Account Owners, Cardholders, custodians, users or beneficiaries of Accounts under this Agreement or any prior agreements between you and us, as applicable.
Disputes Subject to Arbitration
We and you agree to arbitrate any Claims between you and us arising out of or relating to your Account(s), this Agreement, any other agreement related to your Accounts, or any transactions arising thereunder. This Arbitration Provision is intended to be broadly interpreted. Claims include, but are not limited to:
Claims arising out of or relating to your Account(s), this Agreement, any other agreement related to your Accounts, or any transactions arising thereunder, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that arose or involve facts occurring before the effective date of this Agreement or any prior credit card account agreement (including, but not limited to, claims relating to advertising, promotions, or disclosures);
Claims that may arise after the termination of this Agreement.
This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Provision and any arbitration proceedings. Any dispute regarding the interpretation, scope, applicability or enforceability of this Arbitration Provision or any portion thereof, including whether a Claim is arbitrable, shall be decided by the arbitrator, except that any dispute regarding the subsection entitled 'Waiver of Class and Representative Actions and Other Non-Individualized Relief,' including any claim that all or part of the subsection entitled 'Waiver of Class and Representative Actions and Other Non-Individualized Relief' is unenforceable, illegal, void or voidable, or has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
This Arbitration Provision will survive the closing of your Account and/or the termination of this Agreement.
Limitation of Claims
ANY ARBITRATION OR LAWSUIT RELATED TO YOUR ACCOUNT MUST BE FILED NO LATER THAN ONE YEAR AFTER THE CONDUCT GIVING RISE TO THE ALLEGED CLAIM OCCURS, OTHERWISE YOU AND WE AGREE ANY ARBITRATION OR LAWSUIT FILED AFTER THAT TIME SHOULD BE DISMISSED AND WILL BE PERMANTELY BARRED, TO THE EXTENT PERMITTED BY LAW.
Waiver of Jury Trial
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Claims shall be resolved by arbitration under this Arbitration Provision, except as specified in the subsection above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Representative Actions and Other Non-Individualized Relief YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE . Subject to this Arbitration Provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual Claim. Nothing in this subsection is intended to, nor shall it, affect the terms and operation of the subsection entitled 'Batch Arbitration.' Notwithstanding anything to the contrary in this Arbitration Provision, if a court determines in a final decision, not subject to any further appeal or recourse that the limitations of this subsection, 'Waiver of Class and Representative Actions and Other Non-Individualized Relief,' are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Illinois after the arbitration has concluded. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or we from participating in a class-wide settlement of claims.
Notice of Dispute and Informal Dispute Resolution
A party who intends to pursue a Claim must first send to the other a Notice of Dispute. Any Notice of Dispute sent to us should be addressed to:
BMO Bank N.A. P .O. Box 6101 Carol Stream, IL 60197-6101
Any Notice of Dispute sent to you by us will be sent to the address in our records that is associated with your Account at the time the Notice of Dispute is sent. The Notice of Dispute must (1) include your name, mailing address associated with your Account, and the full Account number to which the Claim relates; (2) describe the nature and factual basis of the Claim; (3) set forth the specific relief sought; and (4) must be signed by you personally if the Notice of Dispute is sent by you or by us if it is sent by us. To safeguard your Account, if you have retained counsel to submit the Notice of Dispute, your Notice of Dispute must include your signed statement authorizing us to share information about the Account and the Claim with your counsel. If we and you do not reach an agreement to resolve the Claim described in the Notice of Dispute within forty-five (45) days after the Notice of Dispute is received, you or we have the right to refer the Claim to arbitration.
The forty-five (45) day period for informal dispute resolution is mandatory. During this fortyfive (45) day period, the statute of limitations period, any contractual limitations period and any filing fee deadlines will be tolled. If you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, the National Arbitration & Mediation ('NAM') may not commence administration of arbitration proceedings until the forty-five (45) day period has run.
Arbitration Rules and Procedures
The arbitration will be administered by NAM in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures (the 'NAM Rules') in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the 'NAM Mass Filing Rules'), and as modified by this Arbitration Provision. The NAM Rules are currently available at https:// www.namadr.com/resources/rules-fees-forms/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the 'Request'). The Request must include: (1) if the arbitration is initiated by you, your name, mailing address associated with your Account, and the full Account number to which the Claim relates; (2) a statement of the specific legal claims being asserted and the specific factual bases of those claims; (3) a description of the specific remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying the forty-five (45) day period for informal dispute resolution, as described above, has run; and (5) evidence that the requesting party has paid any necessary filing fees in connection with the arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. To safeguard your Account, if you have retained counsel to submit the Request, your Request must include your signed statement authorizing us to share information about the Account and the Claim with your counsel if you have not previously submitted such a statement with your Notice of Dispute.
If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process described below is triggered, NAM will appoint the arbitrator for each batch. The arbitrator shall be a retired state or federal judge, or an attorney with at least 10 years of active practice and admitted to practice law in the State of Illinois.
Unless you and we otherwise agree, or the Batch Arbitration process described below is triggered, any in-person arbitration hearing will take place in the county where the address associated with your Account as identified in our records at the time the arbitration is commenced is located. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
The arbitrator will decide the substance of all Claims in accordance with all Applicable Law, including recognized principles of equity and statutes of limitations consistent with the Section above entitled 'Limitation of Claims,' and any other limitation of liability provisions in this Agreement, and will honor all claims of privilege recognized by law. You and we agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. The arbitrator shall have the authority to award the relief contemplated under Federal Rule of Civil Procedure 11. Under this Arbitration Provision, arbitrators will not be bound by rulings in prior arbitrations involving different customers but are bound by rulings in prior arbitrations involving the same customer to the extent required by Applicable Law.
Unless both you and we agree otherwise, each party must bring all related or similar Claims in a single arbitration proceeding. If you or we later initiate a subsequent arbitration asserting Claims that are related or similar to ones that were raised by such party in a prior arbitration, NAM or the arbitrator will either: (1) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (2) dismiss the subsequent arbitration if it raises Claims that would be barred by Applicable Law if brought in court.
You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and we agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party's costs from the time of the offer. Neither you nor we will disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys' Fees and Costs
Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM Rules. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of a Claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ('Batch Arbitration').
All parties agree that Requests are of a 'substantially similar nature' if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (' Administrative Arbitrator'). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by us.
You and we agree to cooperate in good faith with NAM to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, except as expressly set forth in this provision.
Availability of Small Claims Court and Access to Government Agencies
Notwithstanding the foregoing, either party may assert Claims or seek relief in small claims court if such Claims qualify and remain in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
60-Day Right to Opt Out
You can choose not to agree to this Arbitration Provision ('opt out') by writing to us within sixty (60) days after the date you first become subject to this Arbitration Provision. For new Account(s), the date you first became subject to this Arbitration Notice is the date we opened your Account. For existing Account(s), the date you first became subject to this Arbitration Notice is the effective date of any updates to the Arbitration Provision.
The written opt out notice must state that you do not agree to this arbitration provision and must be postmarked no later than sixty (60) days after the date that we open your Account (for new accountholders) or the effective date of the changes to the Arbitration Provision (for existing accountholders). The opt out notice must include your name, address and
Account number(s) to which the opt out applies. You must sign the written opt out notice for it to be effective. Mail the opt out notice to:
BMO Bank N.A. P .O. Box 6101 Carol Stream, IL 60197-6101
If you opt out of this Arbitration Provision, all other parts of this Agreement will continue to apply to your Account(s). Opting out of this Arbitration Provision has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to the Arbitration Provision
You and we agree that we retain the right to modify this Arbitration Provision in the future. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any Claim for which you or we have provided a Notice of Dispute complying with the requirements set out in the subsection above entitled 'Notice of Dispute and Informal Dispute Resolution' on or before the effective date of the change. If the change is material, we will also notify you. Unless you reject that change within sixty (60) days of the effective date of the change by following the opt out process described in the subsection above ('60-Day Right to Opt Out'), continuing your Account(s) constitutes acceptance of any such changes. Moreover, if we seek to terminate the Arbitration Provision as included in this Agreement, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and will not be effective as to Claims of which we had written notice from you or your counsel on the effective date of termination.
Changes to this Arbitration Provision do not provide you with a new opportunity to opt out of the Arbitration Provision if you were previously bound by a prior credit card account agreement and did not validly opt out of arbitration. If you reject any change to this Arbitration Provision, the provisions of the prior arbitration provision remain in full force and effect. We will also continue to honor any valid opt outs of the arbitration provision that you made to a prior credit card account agreement.
Severability
Except as provided in the subsection entitled 'Waiver of Class and Representative Actions or Other Non-Individualized Relief,' if any part or parts of this Arbitration Provision are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Provision shall continue in full force and effect.
Other Remedies
This Arbitration Provision and the exercise of any of the rights you and we have under this provision will not prohibit you or us from exercising any lawful rights either you or we have to use other remedies available to preserve, foreclose or obtain possession of real or personal property or exercise self-help remedies, including setoff rights as described in this Agreement.
28. TRANSFER AND ASSIGNMENT
You cannot give or sell your rights or duties under this Agreement, your Account or your Card to any other person or company. We may give or sell our rights or duties under this Agreement, your Account or your Account balance to any other person or company, with or without telling you first.
29. NO WAIVER BY US; SEVERABILITY
We may delay enforcing or give up any of our rights under this Agreement in certain situations. If we delay enforcing or give up any of our rights, this does not affect our other rights. If we give up a right in one situation, we do not give up the same right in other situations. If a court with proper jurisdiction decides that any part of this Agreement is unenforceable, all the other parts of this Agreement still apply.
30. ENTIRE AGREEMENT
The Cardholder Documents are the entire agreement between you and us relating to your Account. The Cardholder Documents replace any other agreement relating to your Account that you and we made earlier or at the same time. If any of the other Cardholder Documents has any information that is not the same as information in this Agreement, we will follow this Agreement unless the other document says we should follow that document.
NJ RESIDENTS: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
OHIO RESIDENTS : The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What to do if you find a mistake on your statement
If you think there is an error on your statement, write to us at:
BMO Bank N.A. P.O. Box 6101 Carol Stream, IL 60197-6101.
In your letter, give us the following information:
Account information: Your name and account number.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
Dollar amount: The dollar amount of the suspected error.
You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing . You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What will happen after we receive your letter
When we receive your letter, we must do two things:
Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect any amount in question, or report you as delinquent on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
I f we made a mistake : You will not have to pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake : You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount that you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if your bill is correct.
Your rights if you 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:
The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
You must have used your 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.
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:
BMO Bank N.A. P.O. Box 6225 Carol Stream, IL 60197-6225.
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.
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Mastercard ® is a registered trademark of Mastercard International Incorporated.
Accounts are subject to approval and are provided in the United States by BMO Bank N.A. Member FDIC
BMO Wealth Management is a brand name that refers to BMO Bank N.A. and certain of its affiliates that provide certain investment, investment advisory, trust, banking, securities, insurance and brokerage products and services. Investment Products are: NOT FDIC INSURED - NOT BANK GUARANTEED - NOT A DEPOSIT - MAY LOSE VALUE
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