Terms and Conditions of the FuturePay Payment System
This Agreement contains an arbitration provision (see Section 28). The arbitration provision will
have a substantial effect on your rights in the event of a dispute, including your right to bring or
participate in a class action proceeding. You may reject this arbitration provision by following the
instructions in Section 28(h).
Your FuturePay account is an open-end (revolving) credit plan offered by Cross River Bank, a New Jersey
state-chartered bank located in Teaneck, New Jersey. IF YOU ALREADY HAVE A FUTUREPAY ACCOUNT this Purchase
is pursuant to your FuturePay Terms and Conditions, a copy of which is provided below for your reference.
IF YOU DO NOT HAVE A FUTUREPAY ACCOUNT, by using FuturePay to complete a Purchase, you agree:
-
You have read these Terms and Conditions of the FuturePay Payment System (this “Agreement”), including
the Important Disclosures below, the FuturePay Account Agreement, and Privacy Notice;
-
You understand that the Agreement describes the terms and conditions of your revolving line of credit
account (the “Account”) available from Cross River Bank (“Bank”). FuturePay Holdings Inc. (“FuturePay”
or “Program Manager”), is the program manager who performs certain services related to your Account on
behalf of Bank.
-
You are of legal age to contract in the state where you reside, are a resident of the United States or
its territories and are not a resident of one of the states in the table following the additional
information.
-
You authorize the Merchant to share your personal information, including email address with the Bank
and authorize the Bank to use that information for all lawful purposes in connection with the Account;
and
-
You are providing information to the Bank and FuturePay and you consent to the Bank providing
information about you to FuturePay (even in the event your application is declined).
PLEASE BE CERTAIN TO READ ALL OF THIS AGREEMENT AND RETAIN IT FOR YOUR RECORDS. NOTIFY US AT ONCE IF ANY
PARTS OF THIS AGREEMENT ARE NOT CLEAR.
This Agreement includes the Important Disclosures below and the FuturePay Account Agreement.
IMPORTANT DISCLOSURES
Interest Charges |
Finance Charge for New Purchases |
We will not charge you a Carried Balance Finance Charge (see below) on new Purchases for the
first Billing Cycle after the transaction date.
|
How to Avoid Paying a Finance Charge |
We will not charge you a Carried Balance Finance Charge in a Billing Cycle in which you pay
your entire Balance by the end of the following Billing Cycle.
|
For Credit Tips from the Consumer Financial Protection Bureau |
To learn more about factors to consider when applying for or using credit, visit the website of
the Consumer Financial Protection Bureau at
https://www.consumerfinance.gov/learnmore
.
|
Fees |
Annual Membership Fee |
$25 |
Penalty Fees
- Late Payment
- Returned Payment
|
|
How We Will Calculate Your Balance. We use a method called "ending balance method". This balance is
calculated by taking the amount of unpaid Balance you owe at the beginning of each Billing Cycle, adding
any Purchases and Fees, including the Annual Membership Fee and Penalty Fees, charged to your Account
during the Billing Cycle, and deducting payments and credits made during the Billing Cycle. Your Billing
Cycle Ends on the same day each month.
Billing Rights. Information on your rights to dispute transactions and how to exercise those rights
is provided in Paragraph “Your Billing Rights” below.
Additional Information |
Carried Balance Finance Charge |
You will be charged a Carried Balance Finance Charge on the unpaid Balance on your Account at
the end of each Billing Cycle as follows:
- $0 if your unpaid Balance at the end of the Billing Cycle is less than $50.
- $1.25 for every $50 in unpaid Balance, or portion thereof, of $50 or more.
For example:
- if your ending unpaid Balance is $50, your finance charge will be $1.25 and your annual
percentage rate for that Billing Cycle will be 30.00%
- if your ending unpaid Balance is $99.99, your finance charge will be $1.25 and your
annual percentage rate for that Billing Cycle will be 15.00%
- if your ending unpaid Balance is $225, your finance charge will be $5.00 and your
annual percentage rate for that Billing Cycle will be 26.67%
|
Currently Excluded States:
California |
Maryland |
Colorado |
Massachusetts |
District of Columbia |
Puerto Rico |
Maine |
West Virginia |
Important Information About Procedures for Opening an Account.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires
all financial institutions to obtain, verify, and record information that identifies each person who opens
an account. What this means for you: When you open an account, the Bank will obtain your name,
address, date of birth, and other information that will allow the Bank to identify you. The Bank may also
ask to see a copy of your driver’s license or other identifying documents. The Bank may use a third-party
service provider to verify your identity and obtain information regarding your previous borrowing
relationships.
Military Lending Act Disclosure
Federal law provides important protections to members of the Armed Forces and their dependents relating to
extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and
his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as
applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees
for ancillary products sold in connection with the credit transaction; any application fee charged (other
than certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a credit card account).
To obtain an oral statement regarding the Military Annual Percentage Rate and a description of the payment
obligation, Covered Borrowers may call 1-855-984-1129.
You are a “Covered Borrower” if you are entitled to special protections for servicemembers and their
dependents pursuant to a determination made in accordance with 32 C.F.R. § 232.5(b) and have not
ceased to be a Covered Borrower. You are not a Covered Borrower, or cease to be a Covered Borrower, if you
are not a member of the armed forces serving on active duty or a dependent of such member, as defined under
32 C.F.R. § 232.3(g). This Agreement shall be interpreted to comply with the Military Lending Act,
including its restrictions on permissible credit terms and limitations on interest, charges, and fees. The
limitations on interest and fees apply to individuals while they are Covered Borrowers, provided such
individuals are Covered Borrowers as of the date they execute this Agreement. As applied to Covered
Borrowers: (i) any interest, charges, or fees in excess of the permitted limit shall be reduced by the
amount necessary to satisfy that limit and any amounts collected in excess of the permitted limit shall be
refunded by crediting the Covered Borrower’s account or by making a direct payment to the Covered
Borrower; (ii) the Mandatory Arbitration Clause in Section 28 (see below) shall not apply; (iii) the Class
Action Waiver in Section 29 (see below) shall not apply; and (iii) any other provision of this Agreement
that is inconsistent with the Military Lending Act shall not apply.
State Specific Disclosures
OH Residents
The Ohio laws against discrimination require that all creditors make credit equally available to all
creditworthy 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.
NY, RI, & VT Residents
-
We may order credit reports in connection with processing applications/solicitations and any
update, renewal, or extension of credit. Upon request, we will tell you the name and address of any
consumer-reporting agency that furnished a report on you. You consent to the obtaining of such
reports by signing or otherwise submitting an application or solicitation.
-
New York Residents: FuturePay 1-855-984-1129. New York residents may contact the New York
Department of Financial Services by telephone or visit its website for free information on
comparative credit card rates, fees, and grace periods. New York Department of Financial Services
1-877-226-5697 or www.dfs.ny.gov.
WI Residents
-
No provision of a marital property agreement, unilateral statement under Section 766.59, or court
decree under Section 766.70 adversely affects the interest of Bank, unless the Bank, prior to the
time credit is granted, is furnished a copy of the agreement, statement, or decree or has actual
knowledge of the adverse provision when the obligation to the Bank is incurred.
-
If you are married, please contact us immediately at: Cross River Bank c/o FuturePay, 406 W
South Jordan Parkway, Suite 250, South Jordan, UT 84095 and provide us with the name and
address of your spouse. We are required to inform your spouse that we have opened a credit account
for you.
FUTUREPAY ACCOUNT AGREEMENT
This Agreement sets forth the terms and conditions of the FuturePay Account ("Account") and the extensions
of credit issued by Cross River Bank (the "Bank"). Please read this Agreement and keep a copy.
-
Definitions
-
(a) "Account" means your FuturePay revolving line of credit account that is the subject of this
Agreement.
-
(b) “Balance” means the amount you owe us on your Account at any given time.
-
(c) “Billing Cycle" means the time between the dates when we prepare billing statements for
your Account.
-
(d) "Cost" means the price of any goods and services you purchase from a Merchant using
FuturePay, plus any fee or charge you agree to pay the Merchant, the cost of shipping and
taxes, and finance charges, less any applicable discount or credit offered by the Merchant.
-
(e) "Credit Line" means the dollar amount of credit that we authorize as available for you to
make Purchases with the credit available in your Account. The total balances of your Account
plus Purchase transactions that have been authorized but not yet posted to your Account (but
not including unpaid Fees) may not exceed the Credit Line.
-
(f) "FuturePay" means the services provided for the Bank, such as processing transactions,
keeping records, sending billing statements and customer service. FuturePay is a registered
trademark of FuturePay Holdings Inc.
-
(g) "Merchant" means a merchant participating in and authorized to accept the FuturePay payment
option to pay for your Purchases.
-
(h) "Payment Due Date" means the date stated on each billing statement by which payment on your
Account must be received by us.
-
(i) "Purchase" means your purchase of any goods or services from a Merchant and you choose the
FuturePay Payment System to pay the Cost.
-
(j) "Termination" means that your right to make further Purchases using your Account is
terminated.
-
(k) “You” and “Your” means the person who applied for this Account and agrees to this
Agreement.
-
(l) “We”, “us”, and “our” means the Bank or our affiliates, successors, or assignees, as
applicable.
-
(m) You will find definitions of other terms within this Agreement.
-
HOW YOU AGREE TO THIS AGREEMENT. You agree to the terms of this Agreement and you make the
promises it contains by either applying for or accepting an Account or making a Purchase and pay the
Cost using your FuturePay Account after receipt of this Agreement.
-
GENERAL DESCRIPTION OF THE ACCOUNT AND MAKING A PURCHASE.
-
(a) General Description. The Account is an open-end, revolving credit account.
-
(b) Making a Purchase. You can make a Purchase using your Account by choosing FuturePay
when you make a Purchase from a Merchant at a web site or at an authorized location. We will
extend credit to you, in the amount of the Cost of the Purchase, and disburse the Cost of the
Purchase to the Merchant on your behalf.
-
CREDIT LINE AND OTHER AGREEMENTS
-
(a) Credit Line. At the time you request an Account, we evaluate your request for credit
and if we approve an Account for you, we establish the Credit Line for you. You may use your
Account to pay for Purchases up to the Credit Line set for you, and the total balance of all
transactions on the Account plus transactions which have been authorized but not yet posted to
the Account (but not including unpaid fees) may not exceed the Credit Line. For example, if
your Credit Line is $1,000 and you make a Purchase of $400, you will have $600 credit available
for further Purchases. If you try to make a Purchase that would cause your outstanding Balance
to be above your Credit Line, we will decline your Purchase request. We may verify credit
information about you and obtain an updated consumer report in connection with your Account.
Amounts borrowed may be repaid and then reborrowed, subject to the restrictions in the
following two sentences. We may decrease your Credit Line at any time. We also may suspend or
terminate your ability to make Purchases at any time in our sole discretion. We will notify you
as required by applicable law. Your Credit Line and available credit on your Account will be
disclosed on each billing statement.
-
(b) Charge Your Account for Purchases. You authorize us to charge your Account for the
Cost of any Purchase you, or anyone to whom you have given permission to use your Account, make
from a Merchant using FuturePay.
-
(c) Finance Charges and Fees. You authorize us to charge your Account for finance
charges, any Fees, costs of collection, and amounts that you agree to pay in this Agreement.
-
(d) Your Responsibility. If you allow someone else to use your Account, you will be
responsible for paying all charges resulting from their Purchases.
-
(e) Transaction Limits. To prevent fraud, we may limit the number or dollar amount of
any type of transactions you can make in any particular amount of time. We also may decline any
particular charge on your account for any reason. We reserve the right not to honor
transactions related to, including, but not limited to, gambling, cash advances, or illegal
activities.
-
YOUR PERSONAL INFORMATION. When you choose FuturePay to make a Purchase, you authorize the
Merchant to share your personal information with us to the extent necessary for us to make a credit
decision in order to open your Account or increase your Credit Line, and to complete your transaction,
including, but not limited to, verifying your identity, paying the Merchant on your behalf, charging
your Account for the Costs of the Purchase, sending you a billing statement, servicing your Account and
for all other lawful purposes in connection with your Account.
-
YOUR PROMISES TO US.
-
(a) Promise to Pay. You promise to pay us all balances owing on your Account, including
all Purchases, Fees, finance charges, extensions of credit and any other amounts you have
authorized us to charge to your Account. You promise to pay for all Purchases made by you and
by anyone you authorized to use your Account. Bank (and others who may decide whether you are
liable for amounts charged to your Account) may presume that you have authorized any Purchase
made in your name using your Account, if the Purchase is delivered in your name to your
address, unless you return the Purchase to the Merchant within a reasonable period of time. You
will not be responsible for any unauthorized Purchases on your Account.
-
(b) Minimum Payment. You promise to pay at least the Minimum Payment Due on or before
the Payment Due Date each Billing Cycle by its due date and in accordance with the reasonable
requirements set forth on each billing statement.
-
(d) Collection Costs. You promise to pay all costs of collection if we take any action
to collect your Account or take any action in a bankruptcy proceeding filed by or against you,
including reasonable attorneys’ fees and expenses to the maximum amount permitted by applicable
law.
-
(e) Contact Information. You promise to promptly notify us if you change your name, your
mailing address, your e-mail address or your telephone number. In doing so, you promise not to
give us false information or signatures, electronic or otherwise, at any time.
-
(f) Age of Residency. You promise that you are of legal age to contract in the state
where you reside and are a resident of the United States when you accepted this Agreement and
opened the Account.
-
(g) Merchant Disputes. If you are dissatisfied with goods or services you purchased from
a Merchant, you promise you will try in good faith to resolve the dispute and correct the
problem directly with the Merchant. You agree to allow a reasonable period of time for the
Merchant to resolve the dispute. This shall in no way limit or reduce your rights in case of a
billing error.
-
(h) Use of the Account. You promise to use this Account only for personal, family, or
household purposes.
-
(i) Unauthorized Use. You promise to call us immediately at 1-855-984-1129 if your
account is used without your consent. You will not be liable for unauthorized use on your
account, but you will be responsible for all use by anyone you allow to use your account.
-
CARRIED BALANCE FINANCE CHARGE.
-
(a) General. Your finance charge is fixed based on the Account ending Balance at the end
of the Billing Cycle in a specified dollar amount and not on a specific interest rate. You
agree to pay the “Carried Balance Finance Charge” on the outstanding Balance on your Account
until paid in full, as applicable.
-
(b) When the Carried Balance Finance Charge Begins. The Carried Balance Finance Charge
is payable for each Billing Cycle if you have an unpaid Balance in your Account at the end of
each Billing Cycle that is $50 or more. We will not charge you a Carried Balance Finance Charge
on new Purchases for the first Billing Cycle after the transaction date.
-
(c) Assessing the Carried Balance Finance Charge. If the Balance of your Account is $50
or greater at the end of any Billing Cycle, we will charge you a Carried Balance Finance Charge
of $1.25 for each $50 increment, or portion thereof, in unpaid Balance on your Account of $50
or more at the end of the Billing Cycle.
-
(d) How We Calculate Your Account Ending Balance. We take the Balance at the beginning
of your Billing Cycle, add any new charges, including Purchases and Fees, and deduct payments
and credits made during the Billing Cycle.
-
(e) Balance Calculation for Iowa Residents. An amount not exceeding the greatest of the
following: (a) The average daily balance of your account in the billing cycle for which the
charge is made, which is the sum of the amount unpaid each day during that cycle, divided by
the number of days in that cycle. The amount unpaid on a day is determined by adding to the
balance, if any, unpaid as of the beginning of that day all purchases and other debits and
deducting all payments and other credits made or received as of that day. (b) The balance of
your account at the beginning of the first day of the billing cycle, after deducting all
payments and credits made in the cycle except credits attributable to purchases charged to the
account during the cycle. (c) The median amount within a specified range including the balance
of the open-end account not exceeding that permitted by paragraph “a” or “b”. A charge may be
made pursuant to this paragraph only if the percentage when applied to the median amount within
the range does not produce a charge exceeding the charge resulting from applying that
percentage to the lowest amount within the range by more than eight percent (8%) of the charge
on the median amount.
-
(f) How We Compute the Minimum Finance Charge. If the ending Balance of your Account is
$50 or greater, we will charge $1.25 for each $50 increment in unpaid Balance, or portion
thereof, of your Account $50 or above at the end of the Billing Cycle. For example, if the
Balance of your Account is between $0.01 and $49.99 at the end of your Billing Cycle, we will
not charge a Minimum Finance Charge to your Account. If the Balance of your Account is between
$50 and $99.99, we will charge a Minimum Finance Charge in the amount of $1.25 to your Account;
if the Balance of your Account is between $100 and $149.99, we will charge a Minimum Finance
Charge in the amount of $2.50 to your Account; and so on.
-
FEES. You agree to pay the following Fees, as applicable. You agree that we may add any Fee to
the Balance of the Account when you incur such Fee.
-
(a) Annual Membership Fee. We will charge you an Annual Membership Fee of $25, on your
first statement date and on the anniversary of your first statement date, every year your
account is open or until your account is closed and paid in full. Your monthly billing
statement will tell you how to cancel your account and avoid future annual fees.
-
(b) Penalty Fees.
-
(i) Late Payment Fee. We will charge you a Late Fee each Billing Cycle during
which the Minimum Payment Due is not paid in full by its Payment Due Date. The Late Fee
will be $27 for the first late payment, and $38 if another payment is late again within
the next six Billing Cycles. The Late Fee will revert to $27 for any late payment more
than six months following the most recent delinquency. The Late Fee will not exceed the
Minimum Payment Due.
-
(ii) Returned Payment Fee. We will charge you a Returned Payment Fee for any
payment on your Account denied, dishonored, or returned by a drawee for "not sufficient
funds" or other reasons, such as a closed account. The Returned Payment Fee will be the
amount of the Minimum Payment Due immediately prior to the date on which the payment is
returned up to $27 for the first returned payment, and $38 if another payment is
returned within the next six Billing Cycles.
-
MINIMUM PAYMENT DUE. The “Minimum Payment Due” each Billing Cycle will be the sum of the payment
due on your Balance calculated as described below, plus any amounts past due from previous Billing
Cycles.
-
(a) Minimum Payment. To calculate the Minimum Payment Due in each Billing Cycle, we
start with:
-
(i) $20 for each $500 increment, or portion thereof, in unpaid Balance at the end of
the Billing Cycle, plus
-
(ii) The applicable Minimum Finance Charge, plus
-
(iii) Any amounts past due from previous Billing Cycles.
Then we add any Fees shown on the billing statement, including any Annual Membership Fee,
Penalty Fees or other fees.
The Minimum Payment Due will not exceed the Ending Balance of your Account. You may pay more
than the Minimum Payment Due, up to the Ending Balance of your Account, at any time.
For example, if the Ending Balance of your Account on the last day of the Billing Cycle is less
than $500, the Minimum Payment due will be $20 plus the Minimum Finance Charge, plus any
amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement. If
the Ending Balance of your Account on the last day of the Billing Cycle is between $500 and
$999.99, the Minimum Payment due will be $40 plus the Minimum Finance Charge, plus any amounts
past due from previous Billing Cycles, plus any Fees shown on the billing statement. If the
Ending Balance of your Account on the last day of the Billing Cycle is between $1,000 and
$1,499.99, the Minimum Payment due will be $60 plus the Minimum Finance Charge, plus any
amounts past due from previous Billing Cycles, plus any Fees shown on the billing statement and
so on.
-
(b) Minimum Payment Due Date. The Payment Due Date on your Account will be the same date
each month and will be at least 24 days from the closing date on your statement.
-
PAYMENTS.
-
(a) Making Payments. Pay your Account online or by sending a check, money order, or
cashier’s check payable in U.S. dollars to the address shown on your statement. Do not send
cash or other correspondence with your payment. If your payment doesn’t meet these
requirements, it may not be credited to your Account for up to five days, or it may be
rejected. We may accept a payment not in conformance with these requirements without losing any
of our rights.
-
(b) Payment Application. We will apply the entire amount of each payment made to the
Balance.
-
(c) Prepayment. A payment in excess of the Minimum Payment Due in any Billing Cycle is a
“prepayment”. You may make prepayments in any amount and may pay the entire Balance or any part
of it at any time provided that you pay at least the Minimum Payment Due in each Billing Cycle
when it is due. You may, at any time, pay more than the monthly Minimum Payment Due or even the
entire outstanding Balance without a penalty. No partial prepayment will extend the due date or
affect the calculation of the Minimum Payment Due for any succeeding Billing Cycle.
-
(d) Effect of Credits on your Minimum Payment Due. Credits applied to your Account do
not relieve you of your obligation to pay the Minimum Payment Due.
-
BILLING STATEMENTS AND CREDIT BALANCES.
-
(a) Billing Statements. We will provide you a billing statement for each Billing Cycle
if and as required by applicable law. We do not need to provide a billing statement to you if
we deem this Account uncollectible or if delinquency collection proceedings have been started.
We will provide you with an electronic billing statement only and that you can obtain a paper
statement subject to the charge stated in Paragraph “Fees” above.
-
(b) Credit Balances. We will refund any credit balance in excess of $1.00 to you as
required by law. You authorize us to make the refund electronically or using an electronic
transfer, (i) if you made the payment which caused the credit balance electronically, or using
an electronic transfer, or (ii) if you typically make payments on this Account electronically.
-
(c) Errors. You agree to notify us in writing of any errors in the billing statement
within 60 days from the date it is first provided to you. You agree to examine each billing
statement and notify us immediately in writing of any Purchases which were not made or
authorized by you.
-
EVENTS AND EFFECTS OF DEFAULT.
-
(a) Events of Default. You will be in default under this Agreement if you:
-
(i) Fail to make the Minimum Payment Due by the Payment Due Date listed on the billing
statement;
-
(ii) Breach, or are unwilling or unable to perform, any other provision of this
Agreement;
-
(iii) File for bankruptcy;
-
(iv) Become insolvent or generally unable to pay your debts;
-
(v) Furnish false or misleading information in applying for your Account or otherwise;
-
(vi) Fail to supply us with any information we deem necessary;
-
(vii) Pass away or become incompetent; or
-
(viii) Give us a payment returned unpaid by your bank or financial institution for any
reason.
-
(b) Collection Costs. You agree to pay all costs of collection (including reasonable
attorneys’ fees and expenses) if we take any action to collect this Account after default, if
permitted and to the maximum amount permitted by applicable law.
-
(c) Our Rights. If you are in default, subject to the limitations of applicable law, we
may, at our option, close your Account and declare the entire unpaid Balance on your Account
immediately due and payable. We may refuse to make any new extensions of credit and may cancel
any approved extensions of credit from the Account for any Purchase or transaction that has not
yet appeared on a billing statement sent to you. This may happen without any prior notice to
you. If we choose to grant new credit for your Account after default, you agree that we may
charge the new credit to your Account. The other provisions of this Agreement will continue to
apply to your Account. If we get a judgment after default and/or if you are a debtor in an
action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law,
the finance charges applicable to your Account will continue to apply to the balances on your
Account.
-
TERMINATION OF THE ACCOUNT IN ADDITION TO TERMINATION BY DEFAULT:
-
(a) We, at our sole discretion, or you, may terminate this Agreement at any time and for any
reason subject to the requirements of applicable law and this Agreement. Termination may be
temporary or permanent.
-
(b) You may terminate your Account by sending written notice to the address on the billing
statement.
-
(c) After Termination, you will not be able to make new Purchases with your Account. After
Termination, you will still have to pay any remaining Balance on your Account until paid in
full. All other provisions of this agreement will continue to apply.
-
OUR LIABILITY. We have no responsibility for the failure of any Merchant to accept payment using
FuturePay. Our liability is limited to that determined by applicable law.
-
AMENDMENT OF THIS AGREEMENT. We may amend this Agreement from time to time and will give you
written notice where required by law. An amendment may change something in this Agreement, add
something new, or take something out. Unless we state otherwise any amendment may apply only to new
activity on your Account. If the amendment includes any change for which we need your consent, we will
obtain your consent before that amendment becomes effective. If applicable, we may obtain your consent
in any one or more of the following ways: (a) by your usage of the Account after we give you notice of
the amendment; (b) by your failure to write us on time if we request that you write us to reject an
amendment; or (c) by your affirmative agreement which may be obtained verbally, in writing or
electronically. If you do not agree to the amendment, you must notify the Bank in the manner provided
with the amendment within 25 days after the effective date of the change, and the Bank may close your
Account and may elect to have you pay the outstanding Balance as provided by law. Otherwise, you shall
be deemed to have agreed to the change(s) in the Bank's notice. Use of your Account after the effective
date of the change shall be deemed to be your acceptance of the New Terms. Any other term in the
amendment will become effective without your consent, although you may be able to avoid a fee or charge
by not making the type of transaction to which it applies after the effective date of the amendment.
-
DELAY IN ENFORCEMENT. We can delay enforcing any of our rights under this Agreement without
losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or
any other provision on any other occasion.
-
REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative.
-
ASSIGNMENT. You may not assign your rights under this Agreement or your Account to anyone. We
may sell or assign any or all of our rights under this Agreement any time, including our rights to
payments. We do not have to give you prior notice of such action, and none of your obligations will be
affected by such assignment.
-
CREDIT INVESTIGATION AND REPORTING. We are authorized to make credit and investigative inquiries
we deem appropriate related to your Account and the collection of amounts owed on your Account. You
agree that we have the right to obtain a credit report in connection with our review of your
application for your Account, and as we deem reasonably necessary to maintain and collect your Account.
You authorize us to report your performance under this Agreement to credit reporting agencies,
including your failure to make minimum payments on time or other defaults on your account. Tell us if
you think we reported wrong information about you to a credit bureau. Write to us c/o FuturePay at 406
W South Jordan Parkway, Suite 250, South Jordan, UT 84095. Tell us what information is incorrect and
why you think it is wrong. If you have a copy of the credit report that includes the wrong information,
send us a copy. We may also respond to inquiries about our credit experiences with you as permitted by
law. You are hereby notified that a negative credit report reflecting on your credit record may be
submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligation.
-
NOTICES AND CUSTOMER SERVICE, COMMUNICATIONS BETWEEN US, CONSENT TO ELECTRONIC COMMUNICATIONS AND
TELEPHONE MONITORING AND RECORDING.
Terms and Conditions: By providing your phone number and clicking consent, you have agreed to
these Terms and Conditions, and you have agreed to receive automated SMS text messages, calls, and
emails for any purpose including but not limited to marketing of products and services by Bank. You
understand and agree that such messages may be sent via Automatic Telephone Dialing System and/or
artificial or pre-recorded voice, and that such consent is not a condition of receipt of any good or
service. Mobile carrier messages and data rates may apply. You may opt out at any time.
-
(a) Communications Concerning Disputed Debts. ALL COMMUNICATIONS BY YOU TO US CONCERNING
DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE ACCOUNT, MUST BE
SENT TO: Cross River Bank c/o FuturePay Holdings Inc., 406 W South Jordan Parkway, Suite 250,
South Jordan, UT 84095.
-
(b) Notices and Customer Service. You may send correspondence, inquiries and questions
concerning your Account to us at
support@futurepay.com. You may also call our
customer service at: 1-855-984-1129.
-
(c) Consent to Communication. We may use any means of communication to contact you for
any lawful purpose (including debt collection). Such means of communication may include, but is
not limited to postal mail, telephone, e-mail, text message or other technology, including but
not limited to Voice Over Internet Protocol (“VOIP”), even if you are charged for the contact.
Mobile carrier messages and data rates may apply. We may contact you at any address (including
any e-mail or text message address) or telephone number (including any cellular telephone
number or landline number that is later ported to a cellular telephone) that you give to us, or
from which you call us.
In order to contact you more efficiently, we and/or FuturePay may contact you using autodialed
and/or prerecorded message calls or text messages at the telephone number(s) you have provided
us. We and/or FuturePay may place such calls or texts to (i) provide servicing related
communications about your Account or Account activity, (ii) investigate or prevent fraud, or
(iii) collect a debt owed to us. You agree that we and/or FuturePay and our service providers
may contact you using autodialed and/or prerecorded message calls and text messages to carry
out the purposes we have identified above. We and/or FuturePay may share your phone number(s)
with service providers that we contract with to assist us in carrying out these purposes but
will not share your phone number(s) with third parties for their own purposes without your
consent. You also agree that these communications aren't unsolicited for purposes of any state
or federal law. Standard telephone minute and text charges may apply.
-
(d) Monitoring or Recording. We may monitor, tape or electronically record our telephone
calls with you, including any calls with our customer service department, collection department
and any other department.
-
(e) E-mails. You consent to us emailing you for any lawful purpose, including marketing.
You may withdraw consent to us sending you commercial emails by "unsubscribing" when we send
you an email.
-
(f) To Stop the Program: To stop automated messages from coming to your phone, you can
opt out at any time. For SMS text messages, you can opt-out by responding “STOP” to any message
received. You will receive a one-time opt-out confirmation text message, and after that, you
will not receive any future messages. Users have the ability to opt out of this program at any
time. Feel free to opt out by selecting this following link:
https://portal.futurepay.com/customer/account/edit-account
or in the account details screen.
-
GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the
state of New Jersey. To the extent state law applies to this Agreement, this Agreement will be governed
by the laws of the state of New York without regard to principles of conflicts of law, except to the
extent preempted, superseded, or supplemented by federal law. This Agreement is not valid until
accepted by Bank in New Jersey, and any credit extended to you is extended in and from New Jersey,
regardless of where you reside or the place where the Merchant is located.
-
MANDATORY ARBITRATION. The following arbitration provision (the “Arbitration Provision”) does
not apply to you if you are a Covered Borrower as of the date of this Agreement. Please read this
Arbitration Provision carefully because you are waiving the right to have disputes heard by a judge and
jury and you waive the right to bring or participate in a class, representative or private attorney
general action. You may choose to have this Arbitration Provision not apply to the Agreement and your
Account by following the instructions in the subsection below entitled “Opt-Out Right.” This paragraph
describes how all Claims (as defined below) will be arbitrated, at the election of you or us, on an
individual (non-class, non-representative) basis instead of litigated in court.
-
(a) Definitions. The term “Claim” means any claim, dispute, or controversy between you
and us arising from or relating to your Account, your account with us, or this Agreement, as
well as any related or prior agreement that you may have had with us or the relationships
resulting from this Agreement. It includes claims related to the validity, enforceability,
coverage, or scope of this Arbitration Provision to the maximum extent permitted by the FAA.
Claims arising in the past, present, or future, including Claims arising before the execution
of this Agreement, are subject to arbitration. Claim also includes, without limitation, claims
that arise from or relate to any application for this Account or any advertisements,
promotions, or statements related to your Account. For purposes of this arbitration provision,
you and us also includes any corporate affiliates, any licensees, predecessors, successors,
assigns, any purchaser of any accounts, the Program Manager, all agents, employees, directors
and representatives of any of the foregoing, and other persons referred to below in the
definition of Claims. Claim also includes claims of every kind and nature, including but not
limited to initial claims, counterclaims, cross-claims, third-party claims, and claims based
upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and
equity. Claims and remedies sought as part of a class action, private attorney general action,
or other representative action are subject to arbitration on an individual (non-class,
non-representative) basis, and the arbitrator may award relief only on an individual
(non-class, non-representative) basis. This includes injunctive relief, which the arbitrator
may award relief only on an individual, non-public basis, subject to subsection (e) below. The
term Claim is to be given the broadest possible meaning that will be enforced. Administrator
means the American Arbitration Association, 335 Madison Avenue, New York, NY 10017,
www.adr.org, (800) 778-7879; or JAMS, 1920
Main St., Suite 300, Irvine, CA 92614,
www.jamsadr.com, (949) 224-1810.
-
(b) Right to Elect Arbitration. We or you have the right to require that each Claim be
resolved by arbitration on an individual (non-class, non-representative) basis. A Claim will be
arbitrated if (i) both we and you or (ii) only one or the other of we or you, exercise the
right to require that the Claim be arbitrated. If, for example, we exercise our right to
require that the Claim be resolved by arbitration, but you do not also exercise your right to
require that the Claim be arbitrated, the Claim will be resolved by arbitration. If neither we
nor you request arbitration, the Claim will not be resolved by arbitration and instead will be
litigated in court. We will not elect arbitration for any Claim you file in small claims court,
so long as the Claim is individual and pending only in that court. The Administrator’s
authority to resolve Claims is limited to Claims between you and us alone, and the
Administrator’s authority to make awards or decisions is limited to you and us alone.
Furthermore, Claims between you and us may not be joined or consolidated in arbitration with
Claims brought by or against someone other than you, unless otherwise agreed to in writing by
all parties. However, corporate affiliates are considered one person for the purposes of this
paragraph. No arbitration award will have any preclusive effect as to issues or claims in any
dispute involving anyone who is not a party to the arbitration. This arbitration provision is
made pursuant to a transaction involving interstate commerce and will be governed by the
Federal Arbitration Act (the “FAA”) (9 U.S.C. §1, et seq.).
-
(c) No Jury Trial or Class Claims. If we or you request arbitration of a Claim, we and
you will not have the right to litigate the Claim in court. This means (i) there will be no
jury trial on the Claim, (ii) there will be no pre-arbitration discovery except as the
Administrator’s rules permit, and (iii) no Claim may be arbitrated on a class-action, private
attorney general, or other representative basis, and neither we nor you will have the right to
participate as a representative or member of any class or group of claimants pertaining to any
Claim subject to arbitration. We or you may elect to arbitrate any Claim at any time unless it
has been filed in court and trial has begun or final judgment has been entered.
-
(d) Initiation of Arbitration. The party initiating an arbitration shall select an
Administrator from the organizations listed above. If none of the Administrators listed above
will accept the arbitration, the arbitration will be administered by an administrator, or
adjudicated by an arbitrator, upon which you and we agree in writing (and in such event, the
defined term Administrator shall include such other person). The arbitration shall be governed
by the procedures and rules of the Administrator and this Agreement, which need not apply
federal, state or local rules of procedure and evidence. The Administrator’s procedures and
rules may limit the discovery available to you or us. You can obtain a copy of an
Administrator’s procedures and rules by contacting the Administrator. A single, neutral
arbitrator will resolve the Claims. The arbitrator will be either a lawyer with at least ten
years’ experience or a retired or former judge, selected in accordance with the rules of the
Administrator. In the event of any conflict or inconsistency between this arbitration provision
and the Administrator's rules or other provisions of this Agreement, this arbitration provision
will govern. The arbitrator will take reasonable steps to protect customer account information
and other confidential information if requested to do so by you or us. Arbitration hearings for
Claims by or against you will take place in the federal judicial district in which you reside.
If you make a request to us in writing, we will temporarily advance to you the filing,
administrative, and hearing fees for the arbitration of your Claim against us (but not if the
Claim is against you) in excess of any filing fee you would have been required to pay to file
the Claim in a state or federal court (whichever is less) in the judicial district in which you
reside. At the end of the arbitration, the arbitrator will decide if you have to repay the
advance (and if you do have to repay, you agree to do so). Unless applicable law requires
otherwise, we will pay our, and you will pay your, lawyers’, experts’, and witnesses’ fees. The
arbitrator will apply applicable substantive law consistent with the FAA and applicable
statutes of limitations, will honor claims of privilege recognized at law, and will have the
power to award to a party any damages or other relief provided for under applicable law. The
arbitrator will make any award in writing and, if requested by you or us, will provide a brief
statement of the reasons for the award.
-
(e) Public Injunctive Relief. To the extent allowed by applicable law, you also waive
your right to seek a public injunction if such a waiver is permitted by the FAA. However, this
Arbitration Provision shall not be construed to prevent you from seeking in the arbitration the
remedy of public injunctive relief if (a) you reside in California, (b) you resided in
California at the time you entered into the Agreement, or (c) your billing address for this
Account is a California address. If you meet one of these conditions or if a court decides that
such a public injunction waiver is not permitted, and that decision is not reversed on appeal,
all other Claims will be decided in arbitration under this Arbitration Provision and your Claim
for a public injunction then will be decided in court. In such a case the parties will request
that the court stay the Claim for a public injunction until the arbitration award regarding
individual relief has been entered in court. You agree that you will request such a stay when
required. In no event will a claim for public injunctive relief be arbitrated.
-
(f) Arbitration Award and Appeals. Judgment upon the arbitrator’s award may be entered
in any court with jurisdiction. The arbitrator’s decision regarding any claims will be final
and binding, except for any appeal right under FAA. The appealing party will pay the appeal
costs. This Agreement to arbitrate shall survive any suspension, termination, revocation of the
Agreement or your Account, and any bankruptcy to the extent consistent with applicable
bankruptcy law.
-
(g) Enforcement of this Arbitration Provision. If any part of this Arbitration Provision
cannot be enforced, the rest of the arbitration provision will continue to apply. However, an
arbitrator cannot enlarge his or her authority over the adjudication of Claims beyond that
provided by this arbitration provision by enforcing only part of this arbitration provision. If
an arbitrator determines that applicable law requires this Arbitration Provision to be enforced
in a way that would result in greater authority over Claims than otherwise allowed, such as the
adjudication of claims on a class or representative basis or other non-individual basis, then
the arbitrator must decline to hear the dispute and shall refer the parties to a court or other
body with sufficient authority. In the event of any conflict or inconsistency between this
arbitration provision and the Administrator’s rules or other provisions of this Agreement, this
Arbitration Provision will govern.
-
(h) Opt-Out Right. You may reject this Arbitration Provision by mailing a signed
rejection notice to the address for us above within thirty (30) calendar days of the date that
you execute this Agreement. Your rejection notice must include the following information: your
name, physical address, e-mail and address, and telephone number, and a statement that you are
rejecting this Arbitration Provision.
-
CLASS ACTION WAIVER. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US
RELATING TO THIS AGREEMENT AND AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A
PRIVATE ATTORNEY GENERAL.
-
SEVERABILITY. If any of the provisions of this Agreement are held to be unenforceable or invalid
for any reason, the remaining provisions hereof shall nevertheless remain enforceable, and shall be
interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent
permitted by applicable law.
-
ENTIRE AGREEMENT. This Agreement is the final expression of the agreement between you and the
Bank and may not be contradicted by evidence of any alleged oral agreement.
-
BILLING RIGHTS NOTICE.
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:
- Cross River Bank c/o FuturePay Holdings Inc.
- 406 W South Jordan Parkway, Suite 250
- South Jordan, UT 84095
In your letter, give us the following information:
-
Account information: Your name and account number.
-
Dollar amount: The dollar amount of the suspected error.
-
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.
You must contact us:
- Within 60 days after the error appeared on your statements.
- 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 or electronically. 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 the amount in question or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you finance charges
on that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your
Balance.
- We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any finance charges 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 finance charges and fees. We will send you a statement of the amount 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'RE DISSATISFIED WITH PURCHASES MADE WITH YOUR ACCOUNT
If you are dissatisfied with the goods or services that you have purchased with your Account, 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 Account for the Purchase.
- 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 or electronically at:
- Cross River Bank c/o FuturePay Holdings Inc.
- 406 W South Jordan Parkway, Suite 250
- South Jordan, UT 84095
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.