Venmo Visa Signature® and Venmo Visa® Credit Card

Terms And Conditions

The Venmo Visa Signature Credit Card and Venmo Visa Credit Card (the “Venmo Credit Card”) are an open-end (revolving) credit card account offered by Synchrony Bank (the “Lender”). By applying for this account, you agree:

Rates And Fees Table

Interest Rates and Interest Charges

  VENMO VISA SIGNATURE® CREDIT CARD AND VENMO VISA® CREDIT CARD
Annual Percentage Rate (APR) for Purchases 15.24% for Account Type 1 or
21.24% for Account Type 2 or
24.24% for Account Type 3

when you open your account, based on your creditworthiness and other factors. After that, your APR will vary with the market based on the Prime Rate.
APR for Cash Advances 24.24%

This APR will vary with the market based on the Prime Rate.
Paying Interest Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances on the transaction date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $2.00.
For Credit Card Tips from the Consumer Financial Protection Bureau

To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.

Fees

Annual Fee None
Transaction Fees

    • Cash Advances

    • Foreign Transaction

 

Either $10.00 or 5% of the amount of each cash advance, whichever is greater.

None

Penalty Fees

    • Late Payment
    • Returned Payment

 

Up to $40.00.

Up to $29.00.

How We Will Calculate Your Balance We use a method called “daily balance.” See the Agreement for more details.
Billing Rights Information on your rights to dispute transactions and how to exercise those rights is provided in the Agreement.

Important note about Venmo Credit Card rates: Rates are determined after application review and provided to you before you may use your account. A limited number of applicants are expected to receive Account Type 1.

Federal law requires the Lender to obtain, verify, and record information that identifies you when you open an account. The Lender will use your name, address, date of birth, and other information for this purpose.

The information about the costs of the card described above is accurate as of August 1, 2020. This information may have changed after that date. To find out what may have changed, write to us at P.O. Box 965013, Orlando, FL 32896-5013. This application and the credit card agreement will be governed by federal law, and to the extent state law applies, the laws of Utah. Subject to the requirements and limitations of applicable law, we may change, add to or delete any of the terms of the agreement, including the interest rates, fees and charges and we will send you notice as required.

TYPES OF TRANSACTIONS

You may use your account to make purchases from a merchant at a website, by telephone, or at another authorized location. You may also use your account to get cash advances. These types of transactions are further explained below.

Purchases Purchases are transactions for goods and services that are not otherwise subject to promotional repayment terms and/or APRs. When this account is used to send money to another Venmo user through your Venmo account, the transaction will be treated as a purchase in accordance with the terms of this Agreement.
Cash Advances You can get cash or make a withdrawal from any institution or ATM that accepts the Physical Card (hereinafter defined). In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, traveler’s checks, electronic or wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.

At times, we may offer promotional financing for certain purchases, and the terms of this Agreement apply to any promotional financing. Regular account terms apply to non-promotional purchases, including when using the account to send money to a user, and, after the promotion ends, to promotional purchases. Promotional offers may not be available at all times for all purchases. Please see any promotional advertising or other disclosures provided to you for the full terms of any promotional offer. Offers may be subject to credit approval.

STATE NOTICES

CALIFORNIA RESIDENTS: If you are married, you may apply for a separate account.

NEW YORK RESIDENTS: A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, you will be informed whether a report was obtained, and if so, of the name and address of the consumer report agency.

OHIO 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.

WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, 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 creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965013, Orlando, FL 32896-5013.

VENMO VISA SIGNATURE® CREDIT CARD ACCOUNT AGREEMENT
RATES, FEES AND PAYMENT INFORMATION

RATES

You agree to pay interest on the outstanding balance of this account until paid in full, as applicable. Interest may be calculated differently depending on the type of transaction.

How Interest is Calculated

Your Interest Rate We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

The following rates apply to purchases and cash advances. If approved, the Annual Percentage Rates (APRs) applicable to your account will be provided in a table at the beginning of your Agreement. Your APRs will be shown on your billing statement.

For Account Type 1:
The APR for purchases is the prime rate plus 11.99%. As of August 1, 2020, the daily rate for purchases was .04176% (APR 15.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

For Account Type 2:
The APR for purchases is the prime rate plus 17.99%. As of August 1, 2020, the daily rate for purchases was .05820% (APR 21.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

For Account Type 3:
The APR for purchases is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for purchases was .06642% (APR 24.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

However, if we have disclosed a promotional rate at the time we made a promotional offer, we will calculate interest on balances subject to that promotional offer using the applicable promotional financing rate.

Daily Rates May Vary. The APRs and the daily rates on your account vary with the market based on the prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rates and APRs will increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is not available.
When We Charge Interest

Purchases. Generally, we charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.

  • We will not charge you interest during a billing cycle on any purchases if:
    1. You had no balance at the start of the billing cycle; OR
    2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
    1. You had no balance at the start of the previous billing cycle; OR
    2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.
Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.
How We Calculate Interest

We calculate interest on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases, cash advances, and balances subject to different interest rates, plans or special promotions. See below for how this works.

  1. How to get the daily balance: We take the starting balance for each balance type each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.

    We apply fees to balance types as follows:

    (a) late payment fees and returned payment fees are treated as new purchases; and,

    (b) cash advance fees are added to the cash advance balance.

  2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.
  3. How to get the starting balance for the next day: We add the daily interest amount (step 2) to the daily balance (step 1).
  4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were charged during the billing cycle for all the balance types, to get the interest for the account.
We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately for each balance type.

FEES

You agree to pay the following fees, as applicable:

Cash Advance Fee We will charge this fee for each cash advance you make. This fee is in addition to any fee the ATM owner may charge you for use of the ATM. This fee is equal to either $10.00 or 5% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee We will not charge you a foreign transaction fee.
Late Payment Fee We will charge this fee for each billing cycle in which we do not receive the minimum payment due on your account on the due date in accordance with the requirements set forth on each billing statement. This fee is equal to:

  1. $29, if you have paid your minimum payment due by the due date in each of the prior six billing cycles; OR
  2. $40, if you have failed to pay your minimum payment due by the due date in any one or more of the prior six billing cycles.

The late payment fee will never be more than the minimum payment that was due.

Returned Payment Fee We will charge this fee if any check, other instrument, or electronic payment authorization you provide us in payment on your account, is not honored, returned unpaid, or cannot be processed for any reason. This fee is equal to $29. The returned payment fee will not be more than the amount permitted by applicable law.

MINIMUM PAYMENT CALCULATION

Your total minimum payment is calculated as follows.

The greater of:

  1. $29, or $40 (which includes any past due amounts), if you have failed to pay the minimum payment due by the due date in any one or more of the prior six billing cycles.

    OR

  2. The sum of any past due amounts, plus 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation), plus interest charged in the current billing cycle, plus late payment fees charged in the current billing cycle, plus any payment due in connection with a special promotional purchase with a unique payment calculation.

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased to, but may be included in, the $29 or $40 minimum amount otherwise due.

STANDARD PROVISIONS

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your Venmo open-end (revolving) credit card account that is the subject of this Agreement. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes this document, including any amendment or addendum thereto, and the application you submitted in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.
Parties To This Agreement The person who applied for, opened and/or uses the account may be referred to as “you” or “your.” The Lender, Synchrony Bank, may be referred to as “we,” “us” or “our.” PayPal, Inc., located in San Jose, California, is a payment service provider that consumers and merchants use to make payments to and accept payments from third parties, and is another entity contemplated by this Agreement. Venmo is a service of PayPal, Inc.
Changes To This Agreement We may change, add or delete terms of this Agreement, including interest rates, fees and charges.
Promotional Financing Offers The terms of this Agreement apply to any promotional financing offer. However, any promotional financing terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT

Use Of Your Account You may use your account only for lawful personal, family or household purposes. You may use your account for purchases through Venmo or from any merchant that accepts Visa credit cards; you may also use your account for cash advances. You may use your account for the types of transactions explained in this Agreement. You may not use your account to pay amounts you owe us on this account or any other account you have with us. We may charge your account for purchases and cash advances you or anyone to whom you have given permission to use this account make.
You Promise To Pay You promise to pay us for all amounts owed to us under this Agreement.
Your Responsibility At the time your account is created, you will receive at least one virtual card (“Virtual Card”). An account number also will be assigned to your Venmo wallet, and may only be used for wallet transactions. You will subsequently receive a physical card (“Physical Card”), which will require activation before use. The Virtual Card and Physical Card may collectively be referred to as “Cards.” You are responsible for maintaining the security of your Cards and any other authentication credentials used in connection with your account.

You may not allow anyone else to use your account. If you do, you will be responsible for paying for all charges resulting from their transactions.

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.
Credit Limit At the time your account is created, you will be assigned a credit limit (which may also be referred to as a credit line), which is the dollar amount of credit available for you to borrow on your account of at least $250, and a cash advance limit, which is a portion of your credit limit. You may have a temporary credit limit when provided with the Virtual Card, that will be adjusted to your full credit limit upon activation of your Physical Card. If we approve a transaction that makes you go over your credit limit, or cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit or cash advance limit. We may, from time to time, increase or decrease your credit limit and/or cash advance limit, including after approval of such a transaction.
Transactions in Foreign Currencies If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (“Visa”) will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate that is in effect on the central processing date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the rate you could have gotten if you had converted U.S. dollars into the foreign currency.

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due You must pay at least the minimum payment due on your account by the due date of each billing cycle in accordance with the requirements set forth on each billing statement. Payments received after the due date will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.
Payment Options You can pay by using the Venmo app, by mail, or by phone. Your payment must be made in U.S. dollars from the balance in your Venmo account, or by physical or electronic check, money order or a similar instrument from a bank located in the United States.
How To Make A Payment You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.
Payment Allocation We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU

Using and Sharing Your Information When you applied for an account, you gave us and PayPal, Inc. information about yourself that we could share with each other. PayPal, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. By making a purchase or requesting a cash advance, you authorize us to share your personal information (including email address) in order to verify your identity, make a credit decision, complete your transaction, service your account, and for any other lawful purpose as set forth in the privacy policy for your account. You authorize merchants you transact with to share your personal information, including email address, with the Lender to use it for any lawful purpose.
Address/Phone Change You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You also agree to tell us right away if you change your address (mailing or email) or any phone number.
Consent to Communications You consent to us and PayPal, Inc., as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages.
Telephone Monitoring For quality control, you allow us and/or PayPal, Inc. to listen to and/or record telephone calls between you and us or PayPal, Inc.
Emails You consent to us and/or PayPal, Inc. emailing you for any lawful purpose, including marketing.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

Closing Your Account You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason, including if your Venmo account is closed. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.
Collection Costs If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys’ fees.
Credit Bureau Reporting We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Please be advised that the account number listed on your credit report associated with your Venmo Credit Card account is a master account number and may not match the number shown on your Cards or other account features. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965015, Orlando, FL 32896-5015. Tell us what information is wrong 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.
Default You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
Disputed Amounts The billing rights summary in this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.
Opening and Maintaining Your Account You are not required to apply for and/or have a Venmo Credit Card account in order to have a Venmo account. However, in order to apply for and maintain a Venmo Credit Card account, you must have an open Venmo account that is in good standing and that has been opened for at least thirty (30) calendar days prior to application. If you choose to close your Venmo account, your Venmo Credit Card Account will be closed. However, if your Venmo Credit Card account has a balance, you cannot close your Venmo account until the balance on such Venmo Credit Card account has been paid off.
Unauthorized Use If your Card is lost, stolen or if your account is used without your consent, call us immediately at 1-855-878-6462. 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.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. Any person, company, or bank to whom we assign this Agreement shall be entitled to all of our rights under this Agreement. None of your rights or obligations shall be affected by such assignment. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
Enforceability If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
Governing Law Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
Waiver We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

  1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees, and PayPal, Inc. and its affiliates) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).
  2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.
  3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
  4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
  5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
  6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.
  7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.
  8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
  9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.
  10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.
  11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
  12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.
  13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
  14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don't reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

VENMO VISA® CREDIT CARD ACCOUNT AGREEMENT
RATES, FEES AND PAYMENT INFORMATION

RATES

You agree to pay interest on the outstanding balance of this account until paid in full, as applicable. Interest may be calculated differently depending on the type of transaction.

How Interest is Calculated

Your Interest Rate We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

The following rates apply to purchases and cash advances. If approved, the Annual Percentage Rates (APRs) applicable to your account will be provided in a table at the beginning of your Agreement. Your APRs will be shown on your billing statement.

For Account Type 1:
The APR for purchases is the prime rate plus 11.99%. As of August 1, 2020, the daily rate for purchases was .04176% (APR 15.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

For Account Type 2:
The APR for purchases is the prime rate plus 17.99%. As of August 1, 2020, the daily rate for purchases was .05820% (APR 21.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

For Account Type 3:
The APR for purchases is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for purchases was .06642% (APR 24.24%).

The APR for cash advances is the prime rate plus 20.99%. As of August 1, 2020, the daily rate for cash advances was .06642% (APR 24.24%).

However, if we have disclosed a promotional rate at the time we made a promotional offer, we will calculate interest on balances subject to that promotional offer using the applicable promotional financing rate.

Daily Rates May Vary. The APRs and the daily rates on your account vary with the market based on the prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rates and APRs will increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is not available.
When We Charge Interest

Purchases. Generally, we charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.

  • We will not charge you interest during a billing cycle on any purchases if:
    1. You had no balance at the start of the billing cycle; OR
    2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
    1. You had no balance at the start of the previous billing cycle; OR
    2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.
Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.
How We Calculate Interest

We calculate interest on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases, cash advances, and balances subject to different interest rates, plans or special promotions. See below for how this works.

  1. How to get the daily balance: We take the starting balance for each balance type each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.

    We apply fees to balance types as follows:

    (a) late payment fees and returned payment fees are treated as new purchases; and,

    (b) cash advance fees are added to the cash advance balance.

  2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.
  3. How to get the starting balance for the next day: We add the daily interest amount (step 2) to the daily balance (step 1).
  4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were charged during the billing cycle for all the balance types, to get the interest for the account.
We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately for each balance type.

FEES

You agree to pay the following fees, as applicable:

Cash Advance Fee We will charge this fee for each cash advance you make. This fee is in addition to any fee the ATM owner may charge you for use of the ATM. This fee is equal to either $10.00 or 5% of the amount of each cash advance, whichever is greater.
Foreign Transaction Fee We will not charge you a foreign transaction fee.
Late Payment Fee

We will charge this fee for each billing cycle in which we do not receive the minimum payment due on your account on the due date in accordance with the requirements set forth on each billing statement. This fee is equal to:

  1. $29, if you have paid your minimum payment due by the due date in each of the prior six billing cycles; OR
  2. $40, if you have failed to pay your minimum payment due by the due date in any one or more of the prior six billing cycles.

The late payment fee will never be more than the minimum payment that was due.

Returned Payment Fee We will charge this fee if any check, other instrument, or electronic payment authorization you provide us in payment on your account, is not honored, returned unpaid, or cannot be processed for any reason. This fee is equal to $29. The returned payment fee will not be more than the amount permitted by applicable law.

MINIMUM PAYMENT CALCULATION

Your total minimum payment is calculated as follows.

The greater of:

  1. $29, or $40 (which includes any past due amounts), if you have failed to pay the minimum payment due by the due date in any one or more of the prior six billing cycles.

    OR

  2. The sum of any past due amounts, plus 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation), plus interest charged in the current billing cycle, plus late payment fees charged in the current billing cycle, plus any payment due in connection with a special promotional purchase with a unique payment calculation.

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased to, but may be included in, the $29 or $40 minimum amount otherwise due.

STANDARD PROVISIONS

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your Venmo open-end (revolving) credit card account that is the subject of this Agreement. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes this document, including any amendment or addendum thereto, and the application you submitted in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.
Parties To This Agreement The person who applied for, opened and/or uses the account may be referred to as “you” or “your.” The Lender, Synchrony Bank, may be referred to as “we,” “us” or “our.” PayPal, Inc., located in San Jose, California, is a payment service provider that consumers and merchants use to make payments to and accept payments from third parties, and is another entity contemplated by this Agreement. Venmo is a service of PayPal, Inc.
Changes To This Agreement We may change, add or delete terms of this Agreement, including interest rates, fees and charges.
Promotional Financing Offers The terms of this Agreement apply to any promotional financing offer. However, any promotional financing terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT

Use Of Your Account You may use your account only for lawful personal, family or household purposes. You may use your account for purchases through Venmo or from any merchant that accepts Visa credit cards; you may also use your account for cash advances. You may use your account for the types of transactions explained in this Agreement. You may not use your account to pay amounts you owe us on this account or any other account you have with us. We may charge your account for purchases and cash advances you or anyone to whom you have given permission to use this account make.
You Promise To Pay You promise to pay us for all amounts owed to us under this Agreement.
Your Responsibility At the time your account is created, you will receive at least one virtual card (“Virtual Card”). An account number also will be assigned to your Venmo wallet, and may only be used for wallet transactions. You will subsequently receive a physical card (“Physical Card”), which will require activation before use. The Virtual Card and Physical Card may collectively be referred to as “Cards.” You are responsible for maintaining the security of your Cards and any other authentication credentials used in connection with your account.

You may not allow anyone else to use your account. If you do, you will be responsible for paying for all charges resulting from their transactions.

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.
Credit Limit At the time your account is created, you will be assigned a credit limit (which may also be referred to as a credit line), which is the dollar amount of credit available for you to borrow on your account of at least $250, and a cash advance limit, which is a portion of your credit limit. You may have a temporary credit limit when provided with the Virtual Card, that will be adjusted to your full credit limit upon activation of your Physical Card. If we approve a transaction that makes you go over your credit limit, or cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit or cash advance limit. We may, from time to time, increase or decrease your credit limit and/or cash advance limit, including after approval of such a transaction.
Transactions in Foreign Currencies If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (“Visa”) will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate that is in effect on the central processing date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the rate you could have gotten if you had converted U.S. dollars into the foreign currency.

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due You must pay at least the minimum payment due on your account by the due date of each billing cycle in accordance with the requirements set forth on each billing statement. Payments received after the due date will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.
Payment Options You can pay by using the Venmo app, by mail, or by phone. Your payment must be made in U.S. dollars from the balance in your Venmo account, or by physical or electronic check, money order or a similar instrument from a bank located in the United States.
How To Make A Payment You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.
Payment Allocation We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU

Using and Sharing Your Information When you applied for an account, you gave us and PayPal, Inc. information about yourself that we could share with each other. PayPal, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. By making a purchase or requesting a cash advance, you authorize us to share your personal information (including email address) in order to verify your identity, make a credit decision, complete your transaction, service your account, and for any other lawful purpose as set forth in the privacy policy for your account. You authorize merchants you transact with to share your personal information, including email address, with the Lender to use it for any lawful purpose.
Address/Phone Change You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You also agree to tell us right away if you change your address (mailing or email) or any phone number.
Consent to Communications You consent to us and PayPal, Inc., as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages.
Telephone Monitoring For quality control, you allow us and/or PayPal, Inc. to listen to and/or record telephone calls between you and us or PayPal, Inc.
Emails You consent to us and/or PayPal, Inc. emailing you for any lawful purpose, including marketing.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

Closing Your Account You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason, including if your Venmo account is closed. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.
Collection Costs If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys’ fees.
Credit Bureau Reporting We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Please be advised that the account number listed on your credit report associated with your Venmo Credit Card account is a master account number and may not match the number shown on your Cards or other account features. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965015, Orlando, FL 32896-5015. Tell us what information is wrong 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.
Default You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
Disputed Amounts The billing rights summary in this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.
Opening and Maintaining Your Account You are not required to apply for and/or have a Venmo Credit Card account in order to have a Venmo account. However, in order to apply for and maintain a Venmo Credit Card account, you must have an open Venmo account that is in good standing and that has been opened for at least thirty (30) calendar days prior to application. If you choose to close your Venmo account, your Venmo Credit Card Account will be closed. However, if your Venmo Credit Card account has a balance, you cannot close your Venmo account until the balance on such Venmo Credit Card account has been paid off.
Unauthorized Use If your Card is lost, stolen or if your account is used without your consent, call us immediately at 1-855-878-6462. 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.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

Assignment We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. Any person, company, or bank to whom we assign this Agreement shall be entitled to all of our rights under this Agreement. None of your rights or obligations shall be affected by such assignment. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
Enforceability If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
Governing Law Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
Waiver We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

  1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees, and PayPal, Inc. and its affiliates) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).
  2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.
  3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
  4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
  5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
  6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.
  7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.
  8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
  9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.
  10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.
  11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
  12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.
  13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
  14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don't reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

OTHER IMPORTANT INFORMATION

MILITARY LENDING ACT DISCLOSURE – NOTICE FOR ACTIVE DUTY MILITARY MEMBERS AND THEIR DEPENDENTS
The following disclosures apply to you if, at the time your account is opened, you are a “covered borrower” as defined in the Military Lending Act, which includes eligible active duty members of the Armed Forces and their dependents.

  1. The provision in this Agreement called “Resolving a Dispute with Arbitration” will not apply to your account.
  2. 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).
  3. You can call 1-855-367-4541 to hear the information in item 2 (above) and a description of the payment obligation for your account.

STATE NOTICES

CALIFORNIA RESIDENTS If you are married, you may apply for a separate account.
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.
NEW YORK RESIDENTS A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, you will be informed whether a report was obtained, and if so, of the name and address of the consumer report agency.
NEW JERSEY 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.
TENNESSEE RESIDENTS This Agreement will not become effective unless and until we have (1) provided the disclosures required pursuant to the federal Truth in Lending Act, (2) you or an authorized user uses the account, and (3) we extend credit to you for that transaction on your account.
WISCONSIN RESIDENTS No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, 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 creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965013, Orlando, FL 32896-5013.

Your signature on the online application represents your signature on this Agreement. It is incorporated herein by reference.

We have signed this Agreement as follows:

Margaret Keane

Margaret Keane
CEO
Synchrony Bank

YOUR BILLING RIGHTS SUMMARY

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:

Synchrony Bank
P.O. Box 965016
Orlando, FL 32896-5016
Or call customer service at 1-855-878-6462.

If you write to us, in your letter, give us the following information:

You must contact us:

You must notify us of any potential errors in writing or by calling customer service at 1-855-878-6462.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:

  1. 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.
  2. 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:

After we finish our investigation, one of two things will happen:

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:

  1. 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.)
  2. 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.
  3. 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:

Synchrony Bank
P.O. Box 965016
Orlando, FL 32896-5016
Or call customer service at 1-855-878-6462.

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.

Synchrony Bank Privacy Policy for VENMO VISA® CREDIT CARD

Rev. 8/2020

FACTS WHAT DOES SYNCHRONY BANK DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Account balances and payment history
  • Credit history and credit scores
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Synchrony Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Synchrony Bank share? Can you limit this sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes — to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes — information about your transactions and experiences Yes No
For our affiliates’ everyday business purposes — information about your creditworthiness Yes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes*
To limit our sharing
  • Call 1-855-881-0391 —our menu will prompt you through your choice(s)

Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice, or earlier if you consent or for types of information for which you do not have the right to limit our sharing. When you are no longer our customer, we continue to share your information as described in this notice.

However, you can contact us at any time to limit our sharing.

Questions? Call: 1-855-878-6462

What we do

How does Synchrony Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Synchrony Bank collect my personal information?

We collect your personal information, for example, when you

  • open an account or give us your contact information
  • provide account information or pay your bills
  • use your credit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes — information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Our affiliates include financial companies, such as Synchrony Financial and its subsidiaries, including Retail Finance Credit Services, LLC and CareCredit LLC.
Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Nonaffiliates we share with can include the retailer/entity named on your account and direct marketing companies.
Joint Marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Our joint marketing partners include insurance companies.

Other important information

If your account has a California or Vermont billing address, you are automatically treated as if you have chosen to limit our sharing of information with affiliates and nonaffiliates. If your account has a California billing address, we will not share information for joint marketing purposes with other financial companies. If your account no longer has a California or Vermont address, these special rules will stop applying and you will need to notify us if you want to exercise your right to restrict our sharing of information with affiliates or nonaffiliates.

*Please keep in mind that, as permitted by federal law, if you choose to limit our sharing of information with nonaffiliates, your choice will not prohibit us from sharing your information with PayPal, Inc. (and its affiliates) in connection with maintaining and servicing the Venmo Visa® Credit Card program[s], including marketing of such program[s].

The above notice applies only to consumer Venmo Visa® Credit Card Accounts with Synchrony Bank and does not apply to any other accounts you have with us. It replaces our previous privacy notice disclosures to you. We can change our privacy policy at any time and will let you know if we do if/as required by applicable law.

For helpful information about identity theft, visit the Federal Trade Commission’s (FTC) consumer website at https://www.identitytheft.gov/.

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