1. Terms and Conditions for the Western Union® Prepaid MasterCard® and Western Union® Prepaid Visa® Cards.
This document constitutes the agreement (“Agreement“) outlining the terms and conditions under which the Western Union Prepaid Card has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, “Card“ means the Western Union Prepaid Card issued to you by MetaBank™. “You
“ means the person or
persons who have received the Card and are authorized to use the Card as provided
for in this Agreement.
“ mean MetaBank, our successors,
affiliates or assignees. The Card will remain the property of MetaBank and must be
surrendered upon demand. The Card is nontransferable, and it may be canceled,
repossessed, or revoked at any time without prior notice subject to applicable law.
Please read this Agreement carefully and keep it for future reference.
2. Description of Card.
The Card is a prepaid card. The Card allows you to access funds loaded or deposited
to your Card account by you or on your behalf. Your Card account does not
constitute a checking or savings account and is not connected in any way to any
other account you may have. The Card is not a gift card, nor is it intended to be used
for gifting purposes. The Card is not a credit card. You will not receive any interest
on the funds in your Card account. The funds in your Card account will be FDIC
insured provided your Card is registered. Your funds will never expire regardless of
the expiration date on the front of your Card. You may register your Card by going
to www.westernunion.com or calling 855-305-8939.
3. Authorized Users.
You may request an additional Card for another person, we may, at our option,
provide you with an additional Card. You may also permit another person to have
access to your Card or Card number. However, if you do, you are liable for all
transactions made with the Card or Card number by those persons. You must notify
us to revoke permission for any person you previously authorized to use your Card.
You are responsible for all transactions and fees incurred by you or any other person
you have authorized. If you tell us to cancel another person's use of your Card, we
may revoke your Card and issue a new Card with a different number. You are
wholly responsible for the use of each Card according to the terms of this
THE ONLY FEDERAL PAYMENTS THAT MAY BE DEPOSITED TO THIS CARD ARE
FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. If you
have questions about this requirement, please call 855-305-8939.
4. Personal Identification Number (“PIN”).
We may, at our option, give you a Personalized Identification Number (“PIN”). If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine (“ATM”) or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN, that bears the supported brand on the back of your card. All ATM transactions are treated as Cash Withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”
5. Activating Your Card.
You may use your Card only after you activate it in a manner provided in the
instructions accompanying your Card. This may require that you call 855-305-8939
6. Loading Your Card.
In order for the Card to accept reloads, the USA PATRIOT ACT, a federal law,
requires all financial institutions to obtain, verify, and record information that
identifies each person who has a Card that accepts reloads. We will ask you for your
name, address, date of birth, social security number and other information that will
allow us to reasonably identify you. We may also ask to see your driver's license or
other identifying documents. Upon successful identification verification, you may
load and reload funds to your Card via the methods detailed below in this Section
and Section 7 and you may also use this card internationally via the methods detailed
below in Section 14. These amounts may vary by retailer and the retailer may
require fixed denomination load amounts. If you have successfully completed the
identification process you may add funds to your Card (a “POS Money Load“), at
any participating Western Union Agent location via a Western Union Prepaid
Services Transaction for a load or reload fee charged by Western Union in addition
to the initial activation fee. Please call 1-800-325-6000 or visit westernunion.com to
find a Western Union agent location. There is a minimum POS Money Load amount
of $5.00 and a maximum POS Money Load amount of $950.00 per transaction or
$950.00 in the aggregate within a twenty-four (24) hour period. It may take up to 24-
48 hours for funds to be available on your Card. If you attempt to perform a Western
Union Prepaid Services transaction that would exceed these limits, your transaction
will be denied. Certain payroll or government benefit funds may also be loaded into
your Card account by direct deposit. Access your account online and click on the
Direct Deposit link on the page and provide the direct deposit form to your employer
or benefits office, or call 855-305-8939 to obtain information on initiating direct
deposit. The aggregate funds loaded on the Card at any time from any source may
not exceed $10,000.00. The maximum value of your Card is restricted to
$10,000.00. If you exceed the load limits stated above, you are still subject to the maximum Card value stated above. You agree to present the Card and meet
identification requirements to complete load transactions as may be required from
time to time. You will not receive interest on funds loaded onto the Card. There is
no individual deposit account associated with your Card.
7. Receiving Additional Money Transfers to your Card.
If you have completed the identification process to load and reload your Card, you
may also accept money transfers to your Card (“Money Transfer Load“). The sender
may send a maximum Money Transfer Load amount of $950 per transaction. Once
the sender has completed either a Western Union® Money in Minutes or Next Day
transaction, you may call toll-free 855-305-8939, provide the MTCN and have the
Money Transfer Load amount transferred to your Card
8. Western Union Loading and Reloading Transactions.
For your Western Union loading and reloading transactions, the following provision applies:
Waiver/Bar of Class Action Claims: All legal actions or claims arising from or
relating to this transaction or the services ("Claim") shall be brought in the party's
individual capacity only. Neither party shall pursue a claim as a class representative,
a class member or in a class representative action of any kind. Within 72 hours after
initiating a transaction, you may opt-out of this provision by calling 1-800-325-6000
and providing certain information, including the MTCN, your name, the amount and
the type of transaction.
9. Using Your Card.
Card Account Access: You may use your Card to: (1) withdraw cash from your
Card account, (2) make deposits to your Card account, (3) purchase or lease goods
or services wherever your Card is honored as long as you do not exceed the value
available in your Card account, and (4) pay bills directly from your Card account in
the amounts and on the days you request. Some of these services may not be
available at all terminals.
Your Card cannot be redeemed for cash. You may use your Card to access cash at an
ATM. Deposits to your Card account are not permitted at our ATM terminals. You
may not use your Card for any illegal transactions, use at casinos, and any gambling
Limitations on frequency of transfers: For security reasons, we may limit the
amount or number of transactions you can make with your Card.
Limitations on dollar amounts of transfers: (1) You may withdraw up to $500
from terminals every 24 hours. (2) You may buy up to $2,500 worth of goods and
services every 24 hours. (see "Limitations on Use" paragraph below).
You are responsible for all transactions initiated by use of your Card, except as
otherwise set forth herein. If you do not have enough funds available in your Card
account, you can instruct the merchant to charge a part of the purchase to the Card
and pay the remaining amount with cash or another card. These are called "split
transactions." Some merchants do not allow cardholders to conduct split
transactions. Some merchants will only allow you to do a split transaction if you
pay the remaining amount in cash.
If you use your Card number without presenting your Card (such as for a mail order
or telephone purchase), the legal effect will be the same as if you used the Card
itself. Each time you use your Card, you authorize us to reduce the funds available in
your Card account by the amount of the transaction. You are not allowed to exceed
the available amount in your Card account through an individual transaction or a
series of transactions. Nevertheless, if a transaction exceeds the balance of the funds
available in your Card account, you shall remain fully liable to us for the amount of
the transaction. We reserve the right to bill you for any negative balance. You agree
to pay us promptly for the negative balance. We also reserve the right to cancel this
Card and close your Card account should you create one or more negative balances
with your Card.
You should keep track of the amount of value loaded on Cards issued to you. You
may call us at the Customer Service number shown on your Card and listed below at
any time to obtain the current value on your Card. To reach us, call toll-free 855-
305-8939 for the balance. Our business hours are 24 hours a day, seven days a
If you use your Card at an automated fuel dispenser ("pay at the pump"), the
merchant may preauthorize the transaction amount up to $75.00 or more. We
recommend always using your card inside at the register to prevent over
authorization which could possibly cause your card to decline. If you use your Card
at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the
merchant may preauthorize the transaction amount for the purchase amount plus up
to 25% or more to ensure there are sufficient funds available to cover tips or
incidental expenses incurred. Any preauthorization amount will place a "hold" on
your available funds until the merchant sends us the final payment amount of your
purchase. If your total bill, after adding in the additional 25%, exceeds the amount
on the card, it will be declined. You should ensure that your card has an available
balance that is 25% greater than your total bill. Once the final payment amount is
received, the preauthorization amount on hold will be removed. It may take up to
seven (7) days for the hold to be removed. During the hold period, you will not have
access to the preauthorized amount. To avoid a decline of, or a hold on, your card,
you can ask the merchant to authorize a specific dollar amount. WE DO NOT
GUARANTEE THAT THE MERCHANT WILL FULFILL THIS REQUEST.
10. Limitations on Use.
|Initial Minimum Load Limit
|Initial Maximum Load Limit(s)*
|ATM Cash Withdrawal Limit (per 24 hours)
|Maximum Cash Load Amount (per 24 hours)**
|Maximum Card Balance
|Maximum Bank to Card Transfer Amount (per 24 hours)
|Maximum Daily Spend Limit
|Cash Withdrawal at Bank Counter (per 24 hours)
*maximum amounts may vary: $500 (anonymous transactions) and between $750 and $10,000 for registered transactions depending on the source of the funds.
**Reloads available upon successful identification verification
Load transactions: (i) that exceed certain dollar amounts; (ii) to certain destinations; or (iii) that implicate certain regulatory issues may be restricted by us.
You do not have the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided herein. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to 30 days.
11. Preauthorized Transfers
Preauthorized credits: If you have arranged to have direct deposits made to your
Card account at least once every 60 days from the same person or company, you can
call us at 855-305-8939 or write to us at Western Union Prepaid Customer Service,
PO BOX 6036, Englewood, CO 80155 to find out whether or not the deposit has
Right to stop payment and procedure for doing so: If you have told us in advance
to make regular payments out of your Card account, you can stop any of these
payments. Here's how: Call us at 855-305-8939 or write to us at Western Union
Prepaid Customer Service, PO BOX 6036, Englewood, CO 80155 in time for us to
receive your request 3 business days or more before the payment is scheduled to be
made. If you call, we may also require you to put your request in writing and get it
to us within 14 days after you call. We will charge you for each stop-payment order
you give (see "Fees and Charges" paragraph below).
Notice of varying amounts: If these regular payments may vary in amount, the
person you are going to pay will tell you, 10 days before each payment, when it will
be made and how much it will be. (You may choose instead to get this notice only
when the payment would differ by more than a certain amount from the previous
payment, or when the amount would fall outside certain limits that you set).
Liability for failure to stop payment of preauthorized transfer: If you order us to stop
one of these payments 3 business days or more before the transfer is scheduled, and
we do not do so, we will be liable for your losses or damages.
12. Business Days.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are (not) included.
13. Returns and Refunds.
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
14. International Transaction Fee.
If you obtain your funds (or make a purchase) in a currency or country other than the
currency or country in which your Card was issued, the amount deducted from your
funds will be converted by MasterCard International Incorporated or Visa U.S.A Inc. into an amount in the currency of your Card. MasterCard International Incorporated or Visa U.S.A Inc. will establish a currency conversion rate for this
convenience using a rate selected by MasterCard International Incorporated or Visa U.S.A Inc. from the range of rates available in wholesale currency markets for
the applicable central processing date which may vary from the rate MasterCard International Incorporated or Visa U.S.A Inc. itself receives, or the governmentmandated
rate in effect for the applicable central processing date, in each instance,
plus or minus any adjustment determined by us. This percentage amount is
independent of any amount taken by us in accordance with the following section of
these Terms & Conditions.
If you obtain your funds in a currency or country other than the currency or country
in which your Card was issued, we may increase the currency conversion rate
(described in the immediately preceding section) up to an additional 1% and will
retain this amount as compensation for its services. This charge is independent of the
currency conversion rate established by MasterCard International Incorporated or Visa U.S.A Inc.
You should get a receipt at the time you make a transaction or obtain cash using your
Card. You agree to retain your receipt to verify your transactions. You can get a
receipt at the time you make any transfer from your Card account using one of our
16. Periodic Statements.
Statements in electronic format will be made available free of charge at
www.westernunion.com during each month in which a transaction occurs. You may
choose to have a paper statement mailed to you. You will be charged a fee to receive
a paper statement.
You may obtain information about the amount of money you have remaining in your
card account by calling 855-305-8939. This information, along with a 60-day history
of account transactions, is also available on-line at www.westernunion.com. You
also have the right to obtain a sixty (60) day written history of account transactions
by calling 855-305-8939 or by writing us at PO BOX 6036, Englewood, CO 80155.
17. Fees and Charges.
You agree that we may deduct the amount of the applicable fees listed below directly
from the balance of your card.
|Monthly Maintenance Fee
|Signature Purchase Transaction Fee
|PIN Purchase Transaction Fee
|Direct Deposit Fee
|IVR Call / Balance Inquiry Fee
|Live Customer Service Fee
|Online Electronic Statement Fee
|ATM Decline and Balance Inquiry Fee
|Bank to Card Transfer Fee
|ATM Withdrawal Fee
|Inactivity Fee (monthly charge beginning after 120 days of inactivity)
|Paper Statement Fee (per requested statement)
|Agent Location Cash Load Fee
|Re-issue Lost/Stolen Card Fee
|Cash Withdrawal at Bank Counter Fee
|Stop payment fee
|Check Processing Fee
ATM Fees: When you use an ATM, you may be charged a fee by the ATM operator or any network used to complete the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
We may disclose information to third parties about your Card account or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card account for a third party, such as merchant;
(3) In order to comply with government agency, court orders, or other legal reporting requirements;
(4) If you give us your written permission, or;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
19. Our Liability for Failure to Complete Transactions.
If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough funds available in your Card account to
complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
(9) Any other exception stated in our Agreement with you.
20. Lost or Stolen Cards: Unauthorized Transfers.
If you believe your Card or PIN has been lost or stolen, call: 855-305-8939 or write
to us at Western Union Prepaid Customer Service, PO BOX 6036, Englewood, CO
80155. You should also call the number or write to the address listed above if you
believe a transfer has been made using the information from your Card or PIN
without your permission.
Your Liability for Unauthorized Visa Prepaid Card Transactions.
Tell us, AT
ONCE, if you believe your MasterCard or Visa Card has been lost or stolen or of
any unauthorized transactions. Your liability for unauthorized transactions that take
place on the system is zero dollars ($0). We may require you to provide a written
statement regarding claims of unauthorized transactions. These provisions limiting
your liability do not apply to ATM, POS, PINless or any other debit transactions not
processed by MasterCard or Visa. In addition to this paragraph, we may also be
responsible to you for unauthorized transactions (see "Your Liability for
Unauthorized Transfers" paragraph below).
Your Liability for Unauthorized Transfers.
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you
believe that an electronic fund transfer has been made without your permission..
Telephoning toll-free at 855-305-8939 is the best way of keeping your possible
losses down. You could lose all the money in your Card account. If you tell us
within 2 business days after you learn of the loss or theft of your Card or PIN, you
can lose no more than $50 if someone used your Card or PIN without your
permission. If you do NOT tell us within 2 business days after you learn of the loss
or theft of your Card or PIN, and we can prove we could have stopped someone
from using your Card or PIN without your permission if you had told us, you could
lose as much as $500. Also, if your electronic history shows transfers that you did
not make, including those made by your Card or other means, tell us at once. If you
do not tell us within 60 days of the earlier of the date you electronically access your
account, if the unauthorized transfer could be viewed in your electronic history, or
the date we sent the FIRST written history on which the unauthorized transfer
appeared, you may not get back any money you lost after the 60 days if we can
prove that we could have stopped someone from taking the money if you had told us
in time. If a good reason (such as a long trip or a hospital stay) kept you from telling
us, we will extend the time periods for a reasonable period.
21. Unclaimed Property
Your Card is subject to unclaimed property laws where your Card has been
registered, or the laws of the state where we are located/incorporated if the Card is
not registered. Should your Card have a remaining balance after a certain period of
time, we may be required to remit remaining funds to the appropriate state agency.
22. Other Terms.
Your Card and your obligations under this Agreement may not be assigned. We may
transfer our rights under this Agreement. Use of your Card is subject to all applicable
rules and customs of any clearinghouse or other association involved in transactions.
We do not waive our rights by delaying or failing to exercise them at anytime. If any
provision of this Agreement shall be determined to be invalid or unenforceable under
any rule, law, or regulation of any governmental agency, local, state, or federal, the
validity or enforceability of any other provision of this Agreement shall not be
affected. This Agreement will be governed by the law of the State of South Dakota
except to the extent governed by federal law.
23. Amendment and Cancellation.
We may amend or change the terms of this Agreement at any time without prior
notice to you except as required by applicable law..
We may cancel or suspend your Card or this Agreement at any time without prior
notice to you except as required by applicable law. You may cancel this Agreement
by returning the Card to us. Your termination of this Agreement will not affect any of
our rights or your obligations arising under this Agreement prior to termination. If
there are funds remaining on your Card , we will send you a check for the remaining
balance less a check processing fee up to $25.
24. Information About Your Right to Dispute Errors.
In case of errors or questions about your Card transactions, call 1-866-953-6411
or write to Western Union Prepaid Customer Service, PO BOX 6036, Englewood,
CO 80155 as soon as possible if you think an error has occurred in your Card
account. We must hear from you no later than 60 days after the earlier of the
date you electronically access your account, if the error could be viewed in your
electronic history, or the date we sent the FIRST written history on which the
error appeared. You may request a written history of your transactions at any
time by contacting us at the number or address above. You will need to tell us
the following: (1) your name, (2) your Card number, (3) why you believe there
is an error, (4) the dollar amount involved, and (5) approximately when the
error took place. If you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days. We will determine
whether an error occurred within 10 business days after we hear from you and
will correct any error promptly. If we need more time, however, we may take
up to 45 days to investigate your complaint or question. If we decide to do this,
we will provisionally credit your account within 10 business days for the amount
you think is in error, so that you will have the money during the time it takes us
to complete our investigation. Funds will remain contingent on whether we
determine if an error occurred. If we ask you to put your complaint or question
in writing and we do not receive it within 10 business days, we may not credit
your account. For errors involving new accounts, POS, or foreign-initiated
transactions, we may take up to 90 days to investigate your complaint or
question. For new accounts, we may take up to 20 business days to credit your
account for the amount you think is in error. We will tell you the results within
three business days after completing our investigation. If we decide that there
was no error, we will send you a written explanation. You may ask for copies of
the documents we used in our investigation. If you have any further questions
regarding our error resolution procedures, please contact us by calling: 1-855-305-8939..
25. Privacy and Data Protection.
WHAT DOES METABANK™ 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. (i) Information We Collect ("Cardholder Information")
is as follows:
(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase.
(b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number.
However, only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
When you are no longer our customer, we continue to share or not share your information as described in this notice.
All financial companies need to share customers' personal information to run their
everyday business. We may use Cardholder Information to provide customer
services, to process claims for lost or stolen Cards or PINs, to develop marketing
programs, to help protect against fraud and to conduct research and analysis. In
addition, it is often necessary for us to disclose Cardholder Information for the same
purposes to companies that work with us. For example, we may provide certain
Cardholder Information to companies that perform business operations or services,
including marketing services, on our behalf. We may also provide certain
Cardholder Information to others as permitted by law, such as government entities or
other third parties in response to subpoenas.
In the section below, we list the reasons financial companies can share their
customers' personal information; the reasons MetaBank chooses to share; and
whether you can limit this.
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Joint marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
|Reasons we can share your personal information
| Does MetaBank 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
|For our marketing purposes –
to offer our products and services to you
||We do not share
|For joint marketing with other financial companies
||We do not share
|For our affiliates’ everyday business purposes –
information about your transactions and experiences
||We do not share
|For our affiliates’ everyday business purposes –
information about your creditworthiness
||We do not share
|For our affiliates to market to you
||We do not share
|For our nonaffiliates to market to you
||We do not share
Questions? Call 855-305-8939
How does MetaBank 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 MetaBank collect my personal information?
We collect your personal information, for example, when you open an account or
use your Card, give us your contact information or pay your bills.
Why can’t I limit all sharing? Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes, for example:
—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.
26. Telephone Monitoring/Recording.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
27. No Warranty Regarding Goods and Services.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
(a) Purpose: This Arbitration Provision sets forth the circumstances and procedures
under which claims (as defined below) may be arbitrated instead of litigated in court.
(b) Definitions: As used in this Arbitration Provision, the term "Claim" means any
claim, dispute or controversy between you and us arising from or relating to the Card
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, including the validity,
enforceability or scope of this Arbitration Provision or the Agreements. "Claim"
includes claims of every kind and nature, including but not limited to initial claims,
counterclaims, cross-claims and third-party claims and claims based upon contract,
tort, fraud and other intentional torts, statutes, regulations, common law and equity.
The term "Claim" is to be given the broadest possible meaning that will be enforced
and includes, by way of example and without limitation, any claim, dispute or
controversy that arises from or relates to (i) your Card, or the Cards of any additional
cardholders designated by you; (ii) the amount of available funds in the Card
accounts; (iii) advertisements, promotions or oral or written statements related to the
Cards, goods or services purchased with the Cards; (iv) the benefits and services
related to the Cards; and (v) your enrollment for any Card. We shall not elect to use
arbitration under the Arbitration Provision for any Claim that you properly file and
pursue in a small claims court of your state or municipality so long as the Claim is
individual and pending only in the court
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes
mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees,
predecessors, successors, and assigns; and all of their agents, employees, directors
and representatives. In addition, "we" or "us" shall include any third party using or
providing any product, service or benefit in connection with any Cards (including,
but not limited to merchants who accept the Card, third parties who use or provide
services, debt collectors and all of their agents, employees, directors and
representatives) if, and only if, such third party is named as a co-party with us (or
files a Claim with or against us) in connection with a Claim asserted by you. As
solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all
persons or entities approved by us to have and/or use a Card, including but not
limited to all persons or entities contractually obligated under any of the Agreements
and all additional cardholders.
(c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall
be resolved, upon the election by you or us, by arbitration pursuant to this
Arbitration Provision and the code of procedures of the national arbitration
organization to which the Claim is referred in effect at the time the Claim is filed.
Claims shall be referred to either the Judicial Arbitration and Mediation Services
("JAMS"), or the American Arbitration Association ("AAA"), as selected by the
party electing to use arbitration. If a selection by us of one of these organizations is
unacceptable to you, you shall have the right within 30 days after you receive notice
of our election to select either of the other organizations listed to serve as arbitrator
administrator. For a copy of the procedures, to file a Claim or for other information
about these organizations, contact them as follows: (i) JAMS at 1920 Main Street,
Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335
Madison Avenue, New York, NY 10017; website at www.adr.org .
(d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY
WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON
THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED
FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS
APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT
TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER
OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT
TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS
THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE
AVAILABLE IN ARBITRATION.
(e) Restrictions on Arbitration: If either party elects to resolve a Claim by
arbitration, that Claim shall be arbitrated on an individual basis. There shall be no
right or authority for any Claims to be arbitrated on a class action basis or on bases
involving Claims brought in a purported representative capacity on behalf of the
general public, other Cardholders or other persons similarly situated. The arbitrator's
authority to resolve Claims is limited to Claims between you and us alone, and the
arbitrator's authority to make awards is limited to you and us alone. Furthermore,
Claims brought by you against us or by us against you 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.
(f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend
shall take place in the federal judicial district of your residence. At your written
request, we will consider in good faith making a temporary advance of all or part of
the filing administrative and/or hearing fees for any Claim you initiate as to which
you or we seek arbitration. At the conclusion of the arbitration (or any appeal
thereof), the arbitrator (or panel) will decide who will ultimately be responsible for
paying the filing, administrative and/or hearing fees in connection with the
arbitration (or appeal). If and to the extent you incur filing, administrative and/or
hearing fees in arbitration, including for any appeal, exceeding the amount they
would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we
will reimburse you to that extent unless the arbitrator (or panel) determines that the
fees were incurred without any substantial justification.
(g) Arbitration Procedures: This Arbitration Provision is made pursuant to a
transaction involving interstate commerce, and shall be governed by the Federal
Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The
arbitration shall be governed by the applicable Code, except that (to the extent
enforceable under the FAA) this arbitration Provision shall control if it is
inconsistent with the applicable Code. The arbitrator shall apply applicable
substantive law consistent with the FAA and applicable statutes of limitations and
shall honor claims of privilege recognized at law and, at the timely request of either
party, shall provide a brief written explanation of the basis for the decision. In
conducting the arbitration proceeding, the arbitrator shall not apply the Federal or
any state rules of civil procedure or rules of evidence. Either party may submit a
request to the arbitrator to expand the scope of discovery allowable under the
applicable Code. The party submitting such a request must provide a copy to the
other party, who may submit objections to the arbitrator with a copy of the
objections provided to the request party, within fifteen (15) days of receiving the
requesting party's notice. The granting or denial of such request will be in the sole
discretion of the arbitrator who shall notify the parties of his/her decision within
twenty (20) days of the objecting party's submission. The arbitrator shall take
reasonable steps to preserve the privacy of individuals, and of business matters.
Judgment upon the award rendered by the arbitrator may be entered in any court
having jurisdiction. The arbitrator's decision will be final and binding, except for
any right of appeal provided by the FAA. However, any party can appeal that award
to a three-arbitrator panel administered by the same arbitration organization, which
shall consider anew any aspect of the initial award objected to by the appealing
party. The appealing party shall have thirty (30) days from the date of entry of the
written arbitration award to notify the arbitration organization that it is exercising the
right of appeal. The appeal shall be filed with the arbitration organization in the form
of a dated writing. The arbitration organization will then notify the other party that
the award has been appealed. The arbitration organization will appoint a threearbitrator
panel which will conduct an arbitration pursuant to its Code and issue its
decision within one hundred twenty (120) days of the date of the appellant's written
notice. The decision of the panel shall be by majority vote and shall be final and
(h) Continuation: This Arbitration Provision shall survive termination of your Card
as well as voluntary payment of any debt in full by you, any legal proceeding by us to
collect a debt owed by you, and any bankruptcy by you or us. If any portion of this
Arbitration Provision is deemed invalid or unenforceable under any principle or
provision of law or equity, consistent with the FAA, it shall not invalidate the
remaining portions of this Arbitration Provision, the Agreement or any prior
agreement you may have had with us, each of which shall be enforceable regardless
of such invalidity.
This Card is issued by MetaBank
5501 S. Broadband Lane
Sioux Falls, SD 57108
© 2012 MetaBank