TRUIST BANK VS RORY L SHORE, 23CV008099-910, 9762353 (North Carolina St., Wake Co., District Ct. Apr. 10, 2023) (2024)

Ill/é
`SUNTRUST
`CREDIT CARD ACCOUNT AGREEMENT
`
`P-1 908
`Rev. 03/20
`
`Cash Rewards Credit Card
`
`SUMMARY 0F KEY TERMS
`AGREEMENT TERMS
`Costs
`Overdraft Protection
`Payments
`
`Amendment (Changes) and Assignment
`Additional Information
`Arbitration Provision
`Your Billing Rights
`Definitions
`Each bolded word or phrase is defined in the definitions
`section at the end of this Agreement. A copy of the
`Agreement may be found online at www.5untrust.com/
`personal-bankinglcredit-cards. The most current version
`of this Card Account Agreement shall be published online.
`The online version of the agreement supersedes any prior
`written version.
`
`Card Account
`Agreement (CA)
`:ggfisxASF
`
`What types of
`transactions
`might You make
`with the Card/
`Account and
`how are'these
`transamOnS
`itemized 0" Your
`bl" eaCh month-
`
`What You Pay,
`when, how, and
`what happens if
`You pay late?
`
`How will
`SunTrust apply
`Your PaymentS?
`
`-You may use Your Card/Account to make legal Purchases,
`Cash Advances, Overdraft Advances and Balance
`Transfers. You are responsible for transactions that You,
`other Cardholders, and Authorized Users make, whether
`the transactions are legal or not.
`- Each type of transaction has different associated costs
`and terms; each transaction type and associated costs are
`grouped together and detailed in Your monthly Statement
`(Card Account bill) by transaction type. The combined
`outstanding amount of each transaction type is Your New
`Balance due on Your Account each month (Billing Period).
`You must pay all Interest Charges, fees, and Other
`Charges properly charged to Your Account.
`
`oSunTrust will send You a monthly Statement (bill). You
`agree to pay all Author'ted Charges on the Statement.
`You have the option OT pa'ying in lull the New Balance
`shown on each Statement or paying in installments that
`at least equal the amount of the Minimum Payment
`shown on Your Statement. In either case, the payment
`Due Date will be at least 25 days after the Closing Date
`of Your Statement.
`-The Minimum Payment will include any amount past due
`or over Your Credit Limit plus the greater of (1) $25.00,
`(2) 2% of the New Balance, or (3) 1% of the New Balance
`plus current Interest Charges and Other Charges. If the
`New Balance is less than $25.00, the Minimum Payment
`will be the New Balance. If You pay more than the
`Minimum Payment, You still must make the Minimum
`Payment on subsequent Statements until You have fully
`paid what You owe. You must pay in U.S. dollars, without
`restrictive terms, and in accordance with the Standard
`Payment Instructions.
`- If You do not pay at least the Minimum Payment by the
`Due Date, SunTrust will charge a Late Payment fee, unless
`Your Account is exempt from Late Payment fees. lf You
`make a Late Payment, You will be in Default and You may
`be subject to rate increases. If You are in Default for any
`reason, SunTrust can require that the entire outstanding
`full Balance on Your Account be immediately paid.
`
`oYou agree that the Minimum Payments on Your Account
`will be applied in the order SunTrust selects.
`-SunTrust may allocate Your Minimum Payments to
`Balances starting with the lowest APR (Annual Percentage
`Rate). Payments in excess of the Minimum Payment will
`generally be applied first to Balances with the highest
`APR and any remaining portion to the other Balances in
`descending order based on their APRs, unless SunTrust
`is required by applicable law to use a different payment
`application method in connection with a deferred interest
`or similar program.
`-Payments are normally applied to restore Your available
`Credit (the amount of Your unused Credit Limit). There
`may be a delay in restoring Your available Credit until
`SunTrust determines whether a payment is likely to be
`returned for insufficient funds or for some other reason.
`
`'—'/'
`
`4.1
`
`u ...
`
`Electronically Filed Date: 4/10/2023 11:03 AM Wake County Clerk of Superior Court
`
`23CV008099-910
`
`

`

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`Interest Rites
`,nnd Interest
`(rages based
`Inguirie-
`
`Cost on
`Purchases:
`-SunTrust
`will charge
`the Interest
`Charge (unless
`Inappllcable
`because o! the
`Grace Period) on
`Your Purchases
`from the
`transaction date.
`
`Costs on Cash
`Advances:
`SunTrust will
`charge the lnterut
`Charge an Your
`Cash Advanca
`from the date they
`are pas'led
`Your
`Account.
`Cost on Overdra
`Advances:
`SunTrust will charge
`the Interest Charge
`on Your Overdraft
`Advances from
`the date they are
`posted to Your
`Account.
`
`Your liability for unauthorized use of the Card - what to
`do/what happens if Your Card is stolen.
`
`Credit Limits, Authorization, and Convenience Checks -
`spending limits/transaction authorization.
`Individual Liability - each Cardholder is individually and
`jointly liable for all Authorized Charges.
`Termination - You or SunTrust can terminate or suspend
`Your Credit at any time with/without cause.
`Sharing of Information - how SunTrust safeguards your
`iniormation/how-when SunTrust may disclose Your information
`to others: refers to SunTrust's Privacy Statement.
`Arbitration - the way in which You and SunTrust agree to
`resolve claims; You have the right to opt out of arbitration
`as the agreed upon claims resolution method.
`Billing Dispute Rights - details Your rights if You dispute
`charges/are not satisfied with good/services You procure
`from merchants using Your Card/Account.
`Defined Terms - defines all essential terms used in the CA.
`
`SunTrust calculates Interest Charges using the Average
`Daily Balance (including new transactions) method.
`SunTrust also uses compounded interest in calculating
`Interest Charges. Compounded interest means that interest
`is added to the principal that You owe and interest then
`applied each successive Billing Period on the outstanding
`Balance and new charges. [See the Card Mailer for
`disclosure of APRs, corresponding DPRs (Dally Periodic
`Rate), Minimum Interest Charge, transaction fees, and
`Other Charges.]
`Your eligibility for Credit, initial and on-going Interest
`Rates, and other CA terms may vary based upon Your
`credit worthiness. You authorize SunTrust to make or
`have made any credit, employment, and investigative
`inquiries about You that SunTrust deems appropriate
`about: (1) whether SunTrust will provide You with a Card
`Account and if so at what rates/terms, (2) modifications
`to Your Card Account rates/terms while You maintain the
`Account, or (3) collection of Credit under Your Account
`and other permissible purposes as the law allows.
`oAny Purchase Balance not paid by the Due Date on the
`Statement will incur an Interest Charge on the following
`month's Statement.
`oThe cost for Purchases (DPR Interest Charge, when
`it applies) is the Average Dally Balance on Purchases
`multiplied by (1) the number of days in the Billing Period
`and (2) the applicable DPR.
`-You will have a Grace Period on any new Purchases that
`are reflected for the first time on Your current Statement
`if You pay Your New Balance on time each Billing Period.
`Those new Purchases will not be subject to an Interest
`Charge during the Billing Period reflected in the current
`Statement if You satisfy the conditions for applicability of
`the Grace Period.
`The costs for Cash Advances consist of (1) interest
`computed at the applicable DPR on the Average Daily
`Balance (for Cash Advances) and (2) Cash Advance
`transaction fees. The DPR Interest Charge is the Average
`Daily Balance on Cash Advances multiplied by (1) the
`number of days in the Billing Period and (2) the applicable
`DPR. Cash Advances do not have a Grace Period.
`
`The cost on Overdraft Advances (DPR Interest Charge)
`is the Average Daily Balance on Overdraft Advances
`multiplied by (1) the number of days in the Billing Period
`and (2) the applicable DPR. In accordance with its Rules and
`Regulations for Deposit Accounts, SunTrust will assess You
`its usual deposit account fee for such service, separately,
`and as part of Your deposit Account fees. Overdraft
`Advances do not have a Grace Period.
`
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`Changes
`
`Type of change
`
`Interest Rate
`Increase on new
`charges
`
`Interest Rate
`increase on
`existing Balances
`
`'l
`
`-The costs for Balance Transfers consist of (1) interest
`computed at the applicable DPR on the Average Daily
`Balance (for Balance Transfers) and (2) Balance Transfer
`transaction fees.
`-The DPR Interest Charge is the Average Daily Balance on
`Balanre Transfers multiplied hy (1) the nlimher nf days in
`the Billing Period and (2) the applicable DPR.
`-SunTrust may from time to time offer You Balance
`Transfer Promotional Offers with different Balance
`Transfer Interest Charges and transaction fees than the
`Card Mailer terms. Those different Interest Charges and
`fees will be disclosed in the Balance Transfer Promotional
`Offer. Unless SunTrust informs You otherwise, Balance
`Transfers do not have a Grace Period.
`
`-All Purchase and Cash Advance transactions processed in
`a foreign currency will be converted to U.S. dollars under
`the regulations (which affect rate and actual date of the
`exchange) of the Card Association before being charged to
`Your Account.
`-If Your Account has a foreign currency transaction fee, it
`will be shown on the Card Mailer.
`-Conversion may occur on a date other than the date of the
`transaction or the date the transaction is posted to Your
`Statement, which may affect the conversion rate used. If
`a Credit transaction is processed and has a processing date
`different than the original transaction, then the exchange
`rate of the Credit can be greater/ less than that of the
`original transaction.
`Late Payment Fee. Unless Your Account is exempt from
`Late Payment fees, if SunTrust has not received at least
`the Minimum Payment by its Due Date as shown on a
`Statement, SunTrust will add a Late Payment fee to Your
`Purchase Balance based on the New Balance outstanding
`as of the Closing Date for the Statement.
`Annual Fee. If Your Account has an annual fee, it will be
`shown on the Card Mailer, and SunTrust will add the annual
`fee to Your Purchase Balance.
`Returned Payment Fee. Unless Your Account is exempt
`from Returned Payment fees, SunTrust will add a Returned
`Payment fee to Your Purchase Balance if (1) a payment
`that You make or authorize is returned to SunTrust unpaid;
`or (2) any Balance Transfer, Cash Advance, Br Promotional
`Balance check is dishonored for any reason. This fee may be
`imposed even if Your payment is later re-presented to and
`paid by Your financial institution.
`Stop Payment Fee. SunTrust will add a $39.00 stop
`payment fee to Your Purchase Balance if You ask SunTrust
`to stop payment on any Convenience Check drawn on Your
`Account or on any Balance Transfer request.
`Documentation Fee. SunTrust will provide copies of
`Statements, sales drafts, etc., to You upon request. If You
`request copies of more than two items during a Billing Period,
`SunTrust will add a fee to Your Purchase Balance up to $5.00
`for each additional copy unless prohibited by applicable law.
`SunTrust will not impose any fee if Your request is made in
`connection with written notice of a billing error.
`If You incur Interest Charges in any Billing Period, a
`minimum Interest Charge will post to Your Account (such
`minimum Interest Charge shown as the "Minimum Interest
`Charge" on Your Statement).
`
`Promotional Rate ends or Index Rate
`changes, no notice; othenNise, 45 days
`
`SunTrust can change some of Your rates and other terms
`in accordance with applicable law. This table shows some
`possible changes.
`Whatmaytriger Advance notice of change
`dmge
`In the first
`year, a
`Promotional
`Rate ends
`or the Index
`Rate changes;
`after that, any
`reason
`Promotional
`period ends,
`Index Rate
`changes, or
`Your Account
`is in a workout
`arrangement
`
`No notice requirement or per terms of the
`workout arrangement
`
`

`

`Increase or
`decrease to
`Credit Limit
`Some fees and
`other terms
`
`Any reason
`
`None
`
`Can change for
`any reason
`
`Up to 45 days for certain fees and
`Minimum Payment changes
`
`Card Account
`Each bolded word or phrase is defined in the definitions
`section at the end of this Agreement. A copy of the
`Agreement (CA)
`SUMMARY 0F
`Agreement may be found online at www.5untrust.com/
`KEY TERMS
`personal-banking/credit-cards.
`Your Card Account Agreement with SunTrust starts and You agree to these terms
`when You accept and/or sign the Card or You or an Authorized User use(s) the
`Card or Account, thus obtaining credit from SunTrust.
`Costs
`You may use Your Card and Account to make Purchases, Cash Advances,
`Overdraft Advances and Balance Transfers. Each type of charge wilt have its
`own Balance. Each type of Balance may have a separate DPR and corresponding
`Interest Charges.
`You agree to pay SunTrust for all credit extended on Your Account, plus any
`Interest Charges, Other Charges and other fees and amounts properly charged
`to Your Account. You agree to use Your Account only for legal transactions. It is
`not SunTrust's responsibility to make sure You only use Your Account for legal
`transactions, and You will remain responsible to pay for any transactions whether
`legal or not. SunTrust may decline authorization for any Internet gambling
`transaction. SunTrust will not be liable if You engage in an illegal transaction.
`Interest Charges
`The conditions under which Interest Charges and
`and Transaction
`transaction fees apply depend upon whether the transaction
`Fees
`ls a Purchase. Cash Advance. Overdraft Advance, Balance
`Transfer. or Promotional Offer.
`SunTrust calculates Interest Charges using the Average Daily Balance (including
`new transactions) method. SunTrust also uses compounded interest in calculating
`Interest Charges. Compounded interest means that interest is added to the
`principal that You owe and interest then applied each successive Billing Period on
`the outstanding Balance and new charges.
`Interest Charges that apply on Your Account are set forth in the Card Mailer.
`Interest Charge
`Cost: Interest Charge (Average Daily Balance for
`for Purchases
`Purchases x no. days in Billing Period x DPR)
`Any Purchase Balance not paid by the Due Date on the Statement will incur an
`Interest Charge on the following month's Statement. The cost for Purchases
`(DPR Interest Charge, when it applies) is the Average Daily Balance on Purchases
`multiplied by (1) the number of days in the BillingPeriod and (2) the applicable DPR.
`You will ht,
`a— Grace Period on any new Purchases that are reflected for the first
`time on Your current Statement if You pay Your New Balance on time each Billing
`Period. Those new Purchases will not be subject to an Interest Charge during the
`Billing Period reflected in the current Statement if You satisfy the conditions for
`applicability of the Grace Period.
`SunTrust will charge the Interest Charge (unless inapplicable because of the
`Grace Period) on Your Purchases from the transaction date.
`The DPR for Purchases (that are subject to Interest Charges) may or may not
`vary each month based on changes in the Index Rate. The Card Mailer discloses
`whether the Account is subject to a Variable or a Non-variable APR.
`Interest Charge
`Costs: Interest Charge (Average Daily Balance for Cash
`Advances x no. days in Billing Period x DPR) + Cash
`and TTansaction
`Advance transaction fees.
`Fees for Cash
`Advances
`The costs for Cash Advances consist of (1) interest computed at the applicable
`DPR on the Average Daily Balance (for Cash Advances) and (2) Cash Advance
`transaction fees.
`The DPR Interest Charge is the Average Daily Balance on Cash Advances
`multiplied by (1) the number of days in the Billing Period and (2) the applicable
`DPR. The Cash Advance transaction fee is disclosed in the Card Mailer.
`The DPR for Cash Advances may or may not vary each month based on changes
`in the Index Rate. The Card Mailer discloses whether the Account is subject to a
`Variable or a Non-variable APR.
`SunTrust will charge the Interest Charge on Your Cash Advances from the date
`they are posted to Your Account. Cash Advances do not have a Grace Period.
`Interest Charge
`Cost: Interest Charge (Average Daily Balance for Overdraft
`for Overdraft
`Advances x no. days in Billing Period x DPR)
`Advances
`The cost on Overdraft Advances (DPR interest Charge) is the Average Daily
`Balance on Overdraft Advances multiplied by (1) the number of days in the Billing
`Period and (2) the applicable DPR.
`In accordance with its Rules and Regulations for
`Deposit Accounts, SunTrust will assess You its usual deposit account fee for such
`service, separately, and as part of Your deposit account fees.
`The DPR for Overdraft Advances may or may not vary each month based on
`changes in the Index Rate. The Card Mailer discloses whether the Account is
`subject to a Variable or a Non-variable APR.
`SunTrust will charge the Interest Charge on Your Overdraft Advances from the date
`they are posted to Your Account. Overdraft Advances do not have a Grace Period.
`
`.- a:—
`
`

`

`Costs: Interest Charge (Average Da1ly Balance for Balance
`Transfers x no. days in Billing Period x DPR) + Balance
`Transfer transaction feesa
`
`Interest Charge
`and Transaction
`Fees for Balance
`Transfers
`The costs for Balance Transfers consist of (1) interest computed at the applicable
`DPR on the Average Daily Balance (for Balance Transfers) and (2) Balance
`Transfer transaction fees.
`The DPR lnterest Charge is the Average Daily Balance on Balance Transfers
`multiplied by (1) the number of days in the Billing Period and (2) the applicable
`DPR. The Balance Transfer transaction fee for a 'regular' Balance Transfer or
`'Promotional Balance' Balance Transfer is disclosed in the Card Mailer; provided,
`that SunTrust may from time to time offer You Balance Transfer Promotional
`Offers with different Balance Transfer Interest Charges and transaction fees than
`the Card Mailer terms. Those different Interest Charges and fees will be disclosed
`in the Balance Transfer Promotional Offer. SunTrust will add the Balance
`Transfer fee to the 'Balance Transfer' Balance of Your Account, unless SunTrust
`informs You when You make a Balance Transfer that the Balance Transfer amount
`and Balance Transfer fee will be added to another category of Balance (e.g.,
`Purchases or Cash Advances).
`Unless SunTrust informs You otherwise, Balance Transfers do not have a Grace
`Period. When SunTrust provides You a Balance Transfer check or Balance Transfer
`request form or when You request a Balance Transfer, SunTrust will charge the
`Interest Charge on Your Balance Transfer from the date it is posted to Your Account.
`The DPR for Balance Transfers (that are subject to Interest Charges) may or
`may not vary each month based on changes in the Index Rate. The Card Mailer
`discloses whether the Account is subject to a Variable or a Non-variable APR.
`Interest Charge
`Cost: Interest Charge (Average Daily Balance for
`for Promotional
`Promotional Balances x no. days in Billing Period x
`Promotional Rate DPR)
`Balances
`SunTrust may from time to time offer You a Promotional Rate on certain
`Purchases or Balance Transfers through Promotional Offers. If You accept a
`Promotional Offer, the resulting Promotional Balance will be subject to the
`terms of that specific Promotional Offer and this Agreement. In each Promotional
`Balance program, any new or different terms of the program not disclosed in this
`Agreement (such as the APR, effective dates and other special terms) will be
`detailed in the Promotional Offer.
`The DPR Interest Charge is the Average Daily Balance on Promotional Balances
`multiplied by (1) the number of days in the Billing Period and (2) the applicable DPR.
`The Promotional Rate will apply to those Promotional Balances until the
`Promotional Offer Termination Date. A Promotional Balance will not, after the
`Termination Date, be eligible for another Promotional Rate.
`After the Termination Date, Your Promotional Rate will change to Your regular
`Purchases DPR, unless disclosed otherwise in the Promotional Offer. If the reason
`for the Termination Date is a Delinquency Triggering Event, SunTrust will cl'_.'-:~
`the DPR that applies to Your new and outstanding Promotional Balances to the
`Purchase DPR and corresponding APR, after SunTrust provides You any notice
`required by applicable law.
`Minimum Interest Charge
`If You incur Interest Charges in any Billing Period, a minimum Interest Charge
`will post to Your Account (such minimum Interest Charge shown as the "Minimum
`Interest Charge" on Your Statement). If You incur Interest Charges in any Billing
`Period, the Minimum Interest Charge will be no less than the amount disclosed in
`the Card Mailer. SunTrust may allocate the Minimum Interest Charge among Your
`various Balances in the manner that SunTrust elects as permitted by applicable law.
`Foreign Currency Exchange for Non-US Transactions
`All Purchase and Cash Advance transactions processed in a foreign currency will
`be converted to U.S. dollars under the regulations of the Card Association before
`being charged to Your Account. (The exchange rate that the Card Association uses
`to convert currency is a rate the Card Association selects either from the range
`of rates available in the wholesale currency markets for the applicable processing
`date (which rate may vary from the rate the Card Association itself receives) or
`the government-mandated rate in effect on the applicable processing date.)
`Conversion may occur on a date other than the date of the transaction or the date
`the transaction is posted to Your Statement, which may affect the conversion rate
`used. If a Credit transaction is processed and has a processing date different than
`the original transaction, then the exchange rate of the Credit can be greater/less
`than that of the original transaction.
`If Your Account has a foreign currency transaction fee, it will be shown on Your
`Card Mailer and will be calculated after each Purchase transaction has been
`converted from a foreign currency.
`Other Charges
`Late Payment Fee. Unless Your Account is exempt from Late Payment fees,
`if SunTrust has not received at least the Minimum Payment by its Due Date as
`shown on a Statement, SunTrust will add a Late Payment fee to Your Purchase
`Balance based on the New Balance outstanding as of the Closing Date for the
`Statement. The Late Payment fee is stated on the Card Mailer.
`Annual Fee. If Your Account has an annual fee, it will be shown on the Card Mailer,
`and SunTrust will add the annual fee to Your Purchase Balance. If an annual
`fee is applicable to Your Account, SunTrust will provide You with notice of that
`annual fee in the manner required by law and explain how You may terminate
`Credit availability under the Account to avoid paying any such annual fee. If You
`do not terminate the Account, the terms disclosed will continue to apply.
`
`(
`
`.
`
`

`

`Returned Payment Fee. Unless Your Account is exempt from Returned
`Payment fees, SunTrust will add a Returned Payment fee to Your Purchase
`Balance if (1) a payment that You make or authorize is returned to SunTrust
`unpaid [for example, if a check or an electronic funds transfer to SunTrust is
`returned for insufficient funds or is returned because it is not signed or cannot
`be processed for any reason); or (2) any Balance Transfer, Cash Advance,
`l'his lee may
`or Promotional Balance check Is dishonored for any reason.
`be imposed even if Your payment is later re-presented to and paid by Your
`financial institution. The Returned Payment fee is stated on the Card Mailer.
`Stop Payment Fee. SunTrust will add a $39.00 stop payment fee to Your
`Purchase Balance if You ask SunTrust to stop payment on any Convenience
`Check drawn on Your Account or on any Balance Transfer request.
`Documentation Fee. SunTrust will provide copies of Items to You upon request.
`lf You request copies of more than two Items during a Billing Period, SunTrust
`will add a fee to Your Purchase Balance up to $5.00 for each additional copy
`unless prohibited by applicable law. SunTrust will not impose any fee if Your
`request is made in connection with written notice of a billing error.
`Overdraft Protection
`If You elect to link Your SunTrust eligible Consumer Checking Account, Savings
`Account or Money Market Savings Account to this SunTrust Credit Card for
`overdraft protection (the "Protected Account"), funds will be transferred from
`Your Credit Card Account (the "Protector Account") into Your Protected
`Account when checks, bill pay, or other debit transactions would cause Your
`Protected Account to be overdrawn if those transactions are paid.
`Transfers will be made in $100 increments from the Protector Account to Your
`Protected Account. These transfers shall be considered a "Cash Advance" as
`that term is defined under Your Credit Card Account Agreement. Fees and
`interest rates for Cash Advances are disclosed to clients in their Credit Card
`Account Agreement and may be higher than those associated with other Credit
`Card transactions. There is no Grace Period for Cash Advances, meaning finance
`charges will accrue from the date the Cash Advance is posted to Your Credit
`Card Account. If the available Credit on Your Credit Card Account (i.e. Credit
`Limit or the available Cash Advance limit) is insufficient to cover the entire
`overdraft, we may make transfers to pay individual debit Items up to the available
`accessible Credit on Your Credit Card Account. For example, if Your deposit
`account has a Balance of $10.00 and a check or other debit item for $80.00 is
`presented for payment, which if paid would cause Your deposit account to be
`overdrawn, a transfer of $100 will be made from Your Credit Card Account to
`Your deposit account and an overdraft protection Cash Advance of $100 will post
`to this Account. We will also charge an additional Overdraft Protection transfer
`fee to Your Protected Account for each day a transfer is made, as disclosed in the
`Personal Deposit Accounts Fee Schedule.
`Be advised that we reserve the right to not initiate transfers to caver overdrafts
`and to return the debit itery;'_j_L,for non-sufficient funds. By way of example only,
`we ordinarily will not initiate an overdraft transfer or advance funds as a Cash
`Advance under the following circ*mstances: (i) if You are in Default under Your
`Credit Card Account Agreement; (ii) if the Cash Advance would cause You to
`exceed the available Credit for a given transaction; (iii) if Your Credit Card is in a
`closed or blocked status (e.g. due to fraud); (iv) if You fail to make a Credit Card
`payment by its Due Date; and/or (v) if You exceed any Credit Card limit on Your
`Credit Card Account. In these instances, an overdraft or returned item fee for
`each debited item will be charged to the Protected Account, which is disclosed in
`the Personal Deposit Accounts Fee Schedule.
`Overdraft protection is only available for active Credit Card Accounts, but be
`advised that linking a deposit account to a Credit Card does not automatically
`activate that Card. Conversely, cancelling overdraft protection will not cancel a
`Credit Card.
`A Cash Advance transfer to the Protected Account due to overdraft protection
`will not activate Your Credit Card. Cancelling overdraft protection will not
`close Your Credit Card. However, closing a Credit Card Account will cancel the
`overdraft protection service.
`
`What You Pay, When, How, and what happens if You pay late
`SunTrust will send Your Statement to the address that the Bank has on file for
`You. You agree to pay all Authorized Charges on the Statement. You have the
`option of gam'ng in full the New Balance shown on each Statement or Qaflng in
`lnstgllmeng that at least equal the amount of the Minimum Payment shown on
`Your Statement.
`In either case, the payment Due Date will be at least 25 days after the Closing
`Date. The Minimum Payment will include any amount past due or over the Credit
`Limit plus the greater of (1) $25.00,
`(2) 2% of the New Balance, or (3) 1% of the
`New Balance plus current Interest Charges and Other Charges. The Minimum
`Payment amount will either be rounded up or down to the nearest dollar. If the
`New Balance is less than $25.00, the Minimum Payment will be the New Balance.
`If You pay more than the Minimum Payment, You still must make the Minimum
`Payment on subsequent Statements until You have fully paid what You owe.
`You must pay in U.S. dollars, without restrictive terms, and in accordance with the
`Standard Payment Instructions. You must contact SunTrust at least 3 business
`days before an automated payment is scheduled, if You want to stop payment on
`the amount You think is wrong.
`If You do not pay at least the Minimum Payment by the Due Date, SunTrust will
`charge a Late Payment fee, unless Your Account is exempt from Late Payment
`fees. If You make a Late Payment, You will be in Default and You may be subject
`
`

`

`If You are in Default for any reason, SunTrust can require
`to rate increases.
`that the entire full Balance on Your Account be immediately paid'
`If You do not
`immediately pay SunTrust the entire full Balance due when required, except as
`specifically addressed in the Arbitration Provision of this Agreement, You will be
`liable to SunTrust for collection costs that SunTrust incurs,
`including reasonable
`attorneys' fees and expenses of legal actions to the extent permitted by applicable
`law. Where required by state law bun Irust Will prowde You With notice and a right
`to remedy Your Default in accordance with that law. SunTrust's acceptance of
`a payment after the payment Due Date or after You have exceeded Your Credit
`Limit does not waive SunTrust's right to require immediate payment of Your
`entire full Balance.
`How SunTrust will apply payments
`You agree that the Minimum Payments on Your Account will be applied in the
`order SunTrust selects in accordance with applicable law. SunTrust may allocate
`Your Minimum Payments to Balances starting with the lowest APR. Payments in
`excess of the Minimum Payment will generally be applied first to Balances with
`the highest APR and any remaining portion to the other Balances in descending
`order based on their APRs, unless SunTrust is required by applicable law to use a
`different payment application method in connection with a deferred interest or
`similar program. Payments are normally applied to restore Your available Credit
`(the amount of Your unused Credit Limit). There may be a delay in restoring Your
`available Credit until SunTrust determines whether a payment is likely to be
`d for insuffi
`f
`f
`dCI
`
`-
`
`-
`
`'
`
`IMPORTANT NOTICE: ln accordaiicc witli applicable law, SunT ust may unilaterally
`change the APRs Other Charges and other terms ol this Ageement at anytime.
`This includes modifications, deletions and the addition of new provisions, including
`non-financial provisions (for example, SunTrust may add provisions relating to
`SunTrust's enforcement rights or the resolution of claims and disputes). SunTrust
`will send You notice in the manner and method (written communication or update
`to online Agreement) and time required by law for the changes being made to
`Your Account and/or this Agreement. The online version of the Agreement
`is available at https://www.suntrust.com/PersonalBanking/EverydayBanking/
`CreditCards. Changes to this Agreement will be automatically effective on the
`date SunTrust specifies or provides an updated Agreement, except as otherwise
`provided in any change in terms notice SunTrust provides. You are bound by
`changes to this Agreement as of the date updates are published. However, use
`of Your Account is not necessary for a change in terms to be effective. You will
`have the right to reject a change in terms and pay off Your Account in the same
`manner and under the same terms and conditions as then in effect, as described
`in any change in terms notice. SunTrust may terminate or suspend Your ability
`to use the Account if You reject certain changes, to the extent permitted by
`applicable law and as described in any change in terms notice that SunTrust
`provides.
`Assignment Rlghts
`SunTrust has the right to Assign its rights under this Agreement, the Account,
`and any amount You owe to SunTrust. SunTrust may Assign its rights without my
`consent and without prior notice to me. The rights and benefits of SunTrust under
`the Agreement and Account shall automatically transfer to SunTrust's successors
`and assigns, including any entity that acquires SunTrust and/or is created through
`a merger with SunTrust. You do not have the right to assign or transfer Your rights
`under this Agreement or the Account.
`Additional Information
`Your liability for unauthorized use of the Card
`To report a lost/stolen Card call: 866.73 2.1683. State that You are reporting a
`lost/stolen Card. You must notify the Bank promptly in the event of loss, theft,
`or unauthorized use of Your Card. This notification responsibility means that
`You should regularly check Your Statements to review charges that post to Your
`Account to confirm that unauthorized charges have not posted to Your Account.
`You may be liable for the unauthorized use

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TRUIST BANK VS RORY L SHORE, 23CV008099-910,  9762353 (North Carolina St., Wake Co., District Ct. Apr. 10, 2023) (2024)

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