List of all fees for Life Freedom Thrive Prepaid Mastercard® (“List of All Fees”)
Fee
|
Fee Description Online/Statement
|
Fee Amount
|
Details
|
Add money
|
Direct Deposit
|
Deposit
|
$0
|
Loads by direct deposit may only be made by a representative
payee, conservator or public guardian.
|
Spend money
|
Point of Sale
|
POS Purchase
|
$0
|
|
Get cash
|
ATM Withdrawal
|
Cash Withdrawal Fee
|
$2.50
|
This is our fee for ATM cash withdrawals anywhere in the U.S. The
ATM operator may also charge you a fee, even if you do not
complete a transaction.
|
Using your Card outside the U.S.
|
Foreign Transaction Fee
|
Foreign Transaction Fee
|
2 %
|
This percentage of the US purchase amount plus applicable currency
conversion charge by Mastercard.
|
International ATM Withdrawal
|
Foreign Withdrawal from Demand
|
$4.50
|
Other fees may be charged by merchants, banks and ATM operators in
addition to the listed fee.
|
International ATM Balance Inquiry
|
Foreign Balance Inquiry Fee
|
$2.00
|
Other fees may be charged by merchants, banks and ATM operators in
addition to the listed fee.
|
International ATM Declined Transaction
|
Declined Foreign Transaction Fee
|
$0.75
|
You can avoid this fee by verifying you know your PIN and have
sufficient funds on your card to complete the ATM transactions.
Other fees may be charged by merchants, banks and ATM operators in
addition to the listed fee.
|
Other
|
Declined POS Transaction
|
Declined POS Fee
|
$0.75
|
You can avoid this fee by verifying you have sufficient funds on
your card to complete the purchase.
|
ATM Balance Inquiry
|
Balance Inquiry Fee
|
$1.50
|
Other fees may be charged by merchants, banks and ATM operators in
addition to the listed fee.
|
Declined ATM Transaction
|
Declined ATM Fee
|
$1.50
|
You can avoid this fee by verifying you know your PIN and have
sufficient funds on your card to complete the ATM transactions.
Other fees may be charged by merchants, banks and ATM operators in
addition to the listed fee.
|
Issuance of Secondary Card
|
Secondary Card Fee
|
$6.00
|
One-time charge for issuance of each Secondary Card.
|
Expedited Shipping Fee
|
Expedited Shipment Fee
|
$45.00
|
Optional charge for expedited shipping of a new or replacement
card.
|
Replacement Card Fee
|
Replacement Card Fee
|
$6.00
|
One-time fee for replacement of a lost/stolen or damaged card.
|
Your funds are eligible for FDIC insurance. Your funds will be held at
or transferred to Sunrise Banks N.A., an FDIC-insured institution. Once
there, your funds are insured up to $250,000 by the FDIC in the event
the Bank fails, if specific deposit insurance requirements are met, and
we have been able to verify your identity. See
fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact us by calling 866-783-3248, by mail at P.O Box 2030 Rancho
Cordova, CA 95670, or visit www.lifefreedomcard.com.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer
Financial Protection Bureau at 1-855-411-2372
or visit
cfpb.gov/complaint.
Cardholder Agreement
This Cardholder Agreement, including the List of All Fees and any
Privacy Notice provided to you by us (collectively referred to as this
“Agreement”), sets forth the terms of your Life Freedom Thrive Prepaid
Mastercard®. Please read it carefully and
retain it for your records.Your
Card is issued by Sunrise Banks N.A., St. Paul, MN 55103, Member FDIC
pursuant to a license from Mastercard International Incorporated.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:
To help the government fight the funding of terrorism and money
laundering activities, federal law requires all financial institutions
to obtain, verify and record information that identifies each person
who opens an account (including sub accounts). What this means for
you: when you open an account, we will ask for your name, address,
date of birth, and other information that will allow us to identify
you. We may also ask to see your driver’s license or other identifying
documents.
Definitions. In this Agreement, the words “you”
and “your” means the Card Owner and any Authorized User of the Card. “Card Owner” means the person who qualified for and opened the Card Account and
owns the funds in the Card Account. “Authorized User” means any person issued a Card at the request of the Card Owner and
authorized by the Card Owner to use the Card. “We”, “us”, “our” and “The Bank" mean Sunrise Banks, the issuer of the Card. “Card” means the Life Freedom Thrive Prepaid Mastercard plastic card that
is issued to you by us. "Card Account"
means the custodial sub-account we maintain on your behalf to track
your Card balance on deposit with us and record transactions made
using your Card or by other means authorized by this Agreement.
“Account Number” means the 12-digit number used to identify your Card Account.
“Card Number” means the 16-digit number embossed on your Card. "Servicer"
means Debit Card Network, LLC, a third-party that markets and
services the Card and Card Account on behalf of Sunrise Banks,
including its officers, directors, employees, agents, affiliates,
contractors and subcontractors. "Business days" are Monday through Friday, excluding federal holidays.
Saturday, Sunday, and federal holidays are not considered business
days, even if we are open. “PIN” means personal identification number. “Access Information” means collectively your PIN, online user name, password, challenge
questions, and any other security information used to access your Card
Account.
Agreement to Terms.
By activating or using your Card (see
“Activating Your Card” below), you agree to the terms of this Agreement. If you do not agree
to the terms of this Agreement or do not want to use the Card, please
destroy the Card at once by cutting it in half and visit www.lifefreedomcard.com
and follow the cancellation instructions, or call (866) 783-3248 to
cancel your Card Account. When any provision in this Agreement states
that we may take certain actions, we may do so in our sole discretion.
The terms of this Agreement are subject to amendment at any time in
accordance with (see “Change in Terms” below).
Prepaid 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 and may not provide the same
rights to you as those available in credit card transactions. You will
not receive any interest on the funds in your Card Account. The funds
in the Card Account will be insured for the benefit of the Card Owner
to the maximum limit provided by the Federal Deposit Insurance
Corporation provided we have been able to verify your identity. Your
funds will never expire, regardless of the expiration date on the
front of your Card. The Card will remain the property of the Bank,
must be surrendered upon demand and is nontransferable.
Activating Your Card.
You cannot use the Card until it has been activated. To activate your
Card, call (866) 783-3248 and follow the instructions provided. As
part of the activation, you may be required to provide your Social
Security Number and date of birth. Although no credit history is
required to obtain a Card, you authorize us to obtain information
about you from time to time from credit reporting agencies, your
employers and other third parties for our internal processes.
Authorized Users: You may request an additional Card (“Secondary
Card”) for another person, provided such person is at least 13 years of
age (see “List of All Fees” above) for applicable fees. If the
Secondary Card is for a minor, you must be the minor’s parent or legal
guardian. You may also permit another person to have access to your Card
or Access Information. However, you are liable for all Card transactions
made by those persons. You must notify us to revoke permission for any
person you previously authorized to use your Card or a Secondary Card.
You are responsible for all transactions and fees incurred by you or any
other person you have authorized to have access to your Card or Card
Account. If you tell us to cancel another person’s use of your Card or a
Secondary Card, your Card may be cancelled, and a replacement Card will
be issued to you with a different number. You are wholly responsible for
the use of each Card and Secondary Card according to the terms of this
Agreement.
Using Your Card, Card Number and Account Number. Subject to terms
and limitations set forth in this Agreement, once you have activated
your Card and your identity has been verified, you may use your Card,
Card Number or Account Number, as applicable, to: (1) add funds to your
Card Account (see “Adding Funds to Your Card Account” below), (2)
purchase goods or services wherever your Card is honored as long as you
do not exceed the value available in your Card Account (see
“Using Your Card for Purchases” below), and (3) withdraw cash
from your Card Account (see “Using Your Card to Get Cash” below),
as long as you do not exceed the available balance in your Card Account.
There may be fees associated with some of these transactions; see the
List of All Fees for more details. Some of these services may not
be available at all terminals.
Each time you use your Card, Card Number or Account Number purchase
goods or services, obtain cash or initiate another type of funds
transfer authorized by this Agreement, you authorize us to reduce the
available balance in your Card Account by the amount of the transaction
plus applicable fees, if any. You agree that you will: (i) not use your
Card at gambling websites or to purchase illegal goods or services; (ii)
promptly notify us of any loss or theft of your Card; (iii) promptly
notify us of the loss, theft, or unauthorized disclosure of any Access
Information used to access your Card Account information or Card funds; (iv) not use the Card for business
purposes; and (v) use the Card only as permitted by us. The Card may not
be accepted by certain merchants whose goods or services are not legal
for minors. We may refuse to process any transaction that we believe
violates the terms of this Agreement.
PIN:
A PIN is a four-digit code that may be used to make purchase
transactions instead of signing for your transaction. Your PIN was
selected at the time you activated your Card. Only one (1) PIN will be
issued for the Card. To prevent unauthorized access to the Card
balance, you agree to keep your PIN confidential. We recommend that
you memorize your PIN and do not write it down. If you need to reset
your PIN or if you need to retrieve a forgotten PIN, access your
account at www.lifefreedomcard.com
and follow the instructions provided or call (866) 783-3248. Some
merchants may require you to make purchases using a PIN rather than your
signature. Your PIN can also be used to obtain cash (see
"Using Your Card to Get Cash" below).
Limitations on Card Usage.
Use of your Card is subject to the limitations set forth below, and
no transaction may exceed the value available in your Card Account.
For security reasons, we may further limit the amount or number of
transactions you can make with your Card on a daily or monthly basis,
or in the aggregate, and we may limit the dollar amount of
transactions to or from your Card Account. We may increase or decrease
these limits or add additional limits from time to time in our sole
discretion without prior notice to you except as required by
law.
Limitation Type
|
Frequency and/or Dollar Limits (for typical transactions)
|
Card Limits
|
Maximum Card Account balance
|
$10,000 at any given time
|
Load Limits
|
Direct Deposits
|
$2,000 per day
|
Spend Limits
|
|
Cash Back Merchant POS
|
$200 per day
|
Card Purchases (Signature & PIN)
|
$2,000 per day
|
Card Not Present Transactions: All card not present transactions in excess of $250 per day will be
declined. A card not present transaction occurs when a Card Owner does
not physically present the card to the merchant at the time of the
transaction. Card not present transactions include transactions made
over the telephone or Internet.
Adding Funds to Your Card Account.
Loads by direct deposit may only be made to your Card Account by a
representative payee, conservator or public guardian. Representative
payees, conservators, and public guardians are routinely appointed to
handle the financial affairs of benefit recipients. They may cause
direct deposits to be made or loaded to your Card Account. You agree
that your representative payee, conservator or public guardian and the
Servicer, The Bank and third parties may communicate about you, your
benefits and transaction activity in your Card Account. You also agree
to and authorize your representative payee, conservator or public
guardian to load your Card Account by direct deposit. To determine
whether a direct deposit has been made, access your account at www.lifefreedomcard.com
and follow the instructions provided or call (866) 783-3248.
You may cancel the direct deposit authorization at any time by sending a
written notice to your payor and providing the payor sufficient time to
act upon the notice before the next scheduled transfer date.
No Loads by Check or Money Order or Cash. We do not accept loads by check or money order or cash.
Return of Funds: Your representative payee, conservator or public guardian may
request funds that were loaded by direct deposit to your Card Account
be returned to the account from which they were issued, which is
typically a trust account held for your benefit. If your
representative payee, conservator or public guardian requests a return
of funds that were loaded by direct deposit to your Card Account, you
authorize The Bank and Servicer to return the funds as requested after
all transactions, fees and charges have been processed. Your Card may
be temporarily disabled while the return of funds is processed.
Using Your Card for Purchases:
You can use your Card to purchase
goods and services everywhere Mastercard prepaid cards are accepted,
subject to the limitations (see
“Limitations on Card Usage” above). If you do not have enough
funds available in your Card Account for the entire purchase, you can
instruct the merchant to charge part of the purchase to your Card
Account and pay the remaining amount with other funds. These are called
split transactions and some merchants do not permit them. If a merchant
attempts to process a transaction for more than the value available in
your Card Account, or if the transaction will cause the purchase limit
that has been established to be exceeded, then the transaction will be
declined. Unusual or multiple purchases may prompt a merchant inquiry or
card suspension to allow us to investigate such unusual activity.
When you use your Card Account to pay for goods or services, certain
merchants may ask us to authorize the transaction in advance and may
estimate its final value. When the transaction is authorized, we commit
to make the requested funds available when the transaction finally
settles and may place a temporary hold on your Card’s funds for the
amount indicated by the merchant (which may be more than the final
settled transaction amount). 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 20% more to ensure there are sufficient funds available to cover tips
or incidental expenses incurred. Transactions at certain merchants that
authorize high dollar amounts, especially rental car companies and
hotels, may cause an “authorization” or “hold” on your available balance
for up to thirty (30) days. Until the transaction finally settles or we
determine that it is unlikely to be processed, the funds subject to the
hold will not be available to you for other purposes. We will only
charge your Card Account for the correct amount of the final transaction
and the hold on any excess amount will be released when the transaction
finally settles.
Using Your Card to Get Cash:
You may use your Card and PIN to obtain cash at ATMs displaying the
Mastercard, Maestro, STAR Network or MoneyPass brand mark, or at
merchants that have agreed to provide cash back with a PIN purchase,
subject to the limitations (see
“Limitations on Card Usage” above). The minimum cash withdrawal at ATMs is $20.00. ATM, PIN
purchase and over-the-counter cash withdrawals are limited to the
available balance in your Card Account. Merchants, banks and ATM
operators may have additional limitations. You will be charged a fee
by us for each cash withdrawal and balance inquiry made at an ATM in
the amount disclosed (see “List of All Fees” above). In addition, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.)
Negative Balance.
You acknowledge and agree that the value available in your Card
Account is limited to the funds that have been loaded to your Card
Account by you or on your behalf. Each time you use your Card, you
authorize us to reduce the value available in your Card Account by the
amount of the transaction and any applicable fees. You may not
initiate transactions exceeding the available balance in your Card
Account. Nevertheless, if any fees, transaction fees from merchants or other
activity cause your Card Account to have a negative balance, you agree
to pay us immediately for the full amount of the negative balance
without further demand. We do not offer an overdraft or other credit
feature with this Card. We may deduct the negative balance owing from
any current or future funds loaded to your Card Account or any other
account you activate or maintain with us. If your Card Account has a
zero or negative balance, we may cancel your Card Account without
notice.
Refunds for Purchases Made with the Card.
Any refund for goods or services purchased with the Card Account will
be made in the form of a credit to the Card. You are not entitled to
receive a cash refund.
Disputes with Merchants.
We are not responsible for the delivery, quality, safety, legality or
any other aspect of goods and services that you purchase from others
with a Card. All such disputes should be addressed to the merchants
from whom the goods and services were purchased.
Reversal.
Point of sale transactions cannot be reversed. If you authorize a
transaction and then fail to make a purchase of that item as planned,
the approval may result in a hold of funds equal to the estimated
purchase amount, for up to seven (7) days.
List of All Fees. We will charge you, and you agree to pay, the
fees and charges set forth in the (see “List of All Fees” above). You may also login at www.lifefreedomcard.com
to view a complete list of fees. We generally deduct fees and charges
from the Card Account at the time a fee or charge is incurred. The
owners of ATMs or other networks may impose an additional charge to use
their terminals. Selection of transaction types at ATMs that are not
offered by the Card will result in denial fees. Selection of account
types other than "checking" at ATMs will also result in denial
fees.
Attempting to withdraw more than your available balance will result in
denial fees. Such other fees and charges may be deducted from your Card
Account. If you request a service that is not included in (see
“List of All Fees” above), if there is a fee for such service it
will be disclosed at that time, and you agree that any such fee may be
deducted from your Card Account.
Receipts. You should get a receipt from the merchant, bank or ATM at the time
you make a transaction or obtain cash using your Card. Please note
there are some merchants that choose not to provide a receipt if the
amount of the transaction is $15 or less.
Card Account Balance and Transaction History. You can obtain information about the amount of money you have
remaining in your Card Account by calling (866) 783-3248 or accessing
your Card Account at www.lifefreedomcard.com. You may also obtain your balance information, along with a 12-month
history of your Card Account transactions, at no charge by logging in
to your Card Account at www.lifefreedomcard.com.
>You also have the right to obtain at least 24 months of written
history of your Card Account transactions by calling (866) 783-3248,
or by writing us at Debit Card Network, LLC, at 2640 Cordova Lane,
Ste. 105, Rancho Cordova, California 95670. You will not be charged a
fee for this written history.
Foreign Transactions. If you obtain your funds (or make a
purchase) in a currency other than U.S. dollars, the amount deducted
from your funds will be converted by the Mastercard International
Incorporated Card Association into U.S. dollars. The Mastercard
International Incorporated Card Association will establish a currency
conversion rate for this convenience using a rate selected by Mastercard
Card Association from the range of rates available in wholesale currency
markets for the applicable central processing date which may vary from
the rate the Mastercard International Incorporated Card Association
itself receives, or the government-mandated rate in effect for the
applicable central processing date, in each instance. Fees may apply for
foreign transactions (see “List of All Fees” above.)
Change in Terms.
Subject to the requirements and limitations of applicable law, we may
at any time add to, delete or change the terms of this Agreement
without advance notice to you except as required by law. Advance
notice may not be given if the change needs to be made immediately in
order to maintain or restore the security of your Card or Card Account
or any related payment system.
Cancellation and Suspension.We reserve the right to limit your use of the Card. We may refuse to
issue a Card Account or may revoke or suspend your Card Account
privileges with or without cause or notice, other than as required by
applicable law. If you would like to cancel the use of your Card, you
may do so any time online at www.lifefreedomcard.com
or by calling (866) 783-3248. You agree not to use or allow others to
use an expired, revoked, cancelled, suspended or otherwise invalid Card.
The cancellation of Card Account privileges will not otherwise affect
your rights and obligations under this Agreement. Unless you have
engaged in fraud or other illegal activities using your Card, if your
Card Account privileges are cancelled or suspended, you may request the
unused balance to be returned to you via a check to the mailing address
on file. There may be a fee for this service (see
“List of All Fees” above) for information.
Card Expiration/Settlement.
Subject to applicable law, you may use the Card only through its
expiration date, which is stated on the front of the Card. If you
attempt to use the Card or add funds to your Card Account after the
expiration date, the transactions may not be processed. If there is a
balance remaining in your Card Account upon expiration, a new Card may
be issued to you. You must activate any newly issued Card in order to
access the funds in your Card Account. If we do not choose to issue a
new Card to you or if your Card Account is cancelled for any reason,
we will attempt to refund to you the balance remaining in your Card
Account less any amounts owed (e.g., fees and charges). A check made
payable to you will be mailed to you at the last postal address
reflected in our records.
Unclaimed Property.
You acknowledge and agree that we may be required by applicable law
to turn over to a state government authority any funds remaining on
your Card Account after a period of inactivity or dormancy. Card funds
in Card Accounts will be remitted to the custody of the applicable
state agency in accordance with state law, and we will have no further
liability to you for such funds unless otherwise required by law. If
this occurs, actions may be taken to try to locate the Card Owner at
the address shown in our records, so you are encouraged to keep us
informed if you change your address. You may notify us of a change of
address by logging in to your Card Account at
www.lifefreedomcard.com or by calling (866) 783- 3248.
Information Given to Third Parties.
We may disclose information (including personally identifiable
information) to third parties about you, the Card, your Card Account
and the transactions related to the Card or Card Account: (i) where it
is necessary or helpful for completing a transaction; (ii) in order to
verify the existence and condition of the Card or Card Account for a
third party (e.g., a merchant); (iii) in order to comply with any law
or to comply with requirements of any government agency or court
order; (iv) if you give us your written consent; (v) to service
providers who administer the Card or the Card Account or perform data
processing, records management, collections, and other similar
services, in order that they may perform those services; (vi) in order
to prevent, investigate or report possible illegal activity; (vii) in
order to issue authorizations for transactions on the Card; (viii) in
accordance with our Privacy Policy; and (ix) as otherwise permitted by
law.
Information Security: 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. Please see the Bank’s Privacy Policy
for further details.
Website Availability.
Although considerable effort is expended to make the website and
other means of communications and access available around the clock,
there is no warranty that these forms of access will be available and
error free at all times. You agree that we will not be responsible for
temporary interruptions in service due to maintenance, website
changes, or failures, nor shall we be liable for extended
interruptions due to failures beyond our control, including but not
limited to the failure of interconnecting and operating systems,
computer viruses, forces of nature, labor disputes and armed
conflicts. We shall not be responsible to you for any loss or damages
suffered by you as a result of the failure of systems and software
used by you to interface with our systems or systems and software
utilized by you to initiate or process banking transactions, whether
such transactions are initiated or processed directly with our systems
or through a third party service provider. You acknowledge that you
are solely responsible for the adequacy of systems and software
utilized by you to process banking transactions and the ability of
such systems and software to do so accurately.
Protecting Your Access Information.
To prevent unauthorized access to your Card and Card Account, you
agree to keep your Access Information confidential. It is recommended
that you memorize your Access Information and do not write it down. If
you believe the security of your Access Information has been
compromised in any way (for example, your password has been lost or
stolen, someone has attempted to use the website under your user name
without your consent, or your Card has been accessed), you must notify
us immediately. Under certain circumstances, your access to the
website may be denied in order to maintain or restore security or
performance of the website. We may do so if we reasonably believe your
Access Information has been or may be obtained or is being or may be
used by an unauthorized person. We may try to notify you in advance
but cannot guarantee we will do so.
How to Notify us of Lost or Stolen Card, PIN or Unauthorized Transfers.
If you believe your Card or any other Access Information has been
lost or stolen, call (866) 783-3248 or write Debit Card Network, LLC,
at 2640 Cordova Lane, Ste. 105, Rancho Cordova, California 95670. 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 Access Information without your permission.
Your Liability for Unauthorized Transfers.
Tell us AT ONCE if you believe your Card or Access Information has
been lost or stolen or if you believe that an electronic funds
transfer has been made without your permission. Telephoning us at
(866) 783-3248 is the best way to minimize your possible losses. You
could lose all the money in your Card Account. You agree that any
unauthorized use does not include use by a person to whom you have
given authority to use or access your Card Account or Access
Information and that you will be liable for all such uses and funds
transfers by such person(s).
If you tell us within two (2) business days after you learn of the loss
or theft of your Card or Access Information you can lose no more than
$50 if someone used your Card or Access Information without your
permission. If you do NOT tell us within two (2) business days after you
learn of the loss or theft of your Card or Access Information and we can
prove it could have stopped someone from using your Card or Access
Information without your permission if you had told us within this time
frame, you could lose as much as $500 if someone used your Card or
Access Information without your permission.
Also, if your electronic history shows transactions that you did not
make, including those made by Card, Access Information or by other
means, tell us AT ONCE. If you do not tell us within 120 days after the
alleged unauthorized transfer was credited or debited to your Card
Account, you may not get back any money you lost after this period if we
can prove that it 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 learning of the unauthorized transaction
and telling us, the time period will be extended for a reasonable period
in our sole discretion.
Additional Limits on Liability Under Mastercard International
Incorporated Rules.
Under Mastercard Rules, you will not be liable for any unauthorized
transactions using your Card Account if you can demonstrate that you
have exercised reasonable care in safeguarding your Card from risk of
loss or theft. You must notify us within two (2) days after the
electronic statement was made available to you showing unauthorized
transaction(s) in order to take advantage of any such limited
liability provisions.
Our Liability for Failing to Make Transfers.
If we do not complete a transaction to or from your Card Account on
time or in the correct amount according to this Agreement with you, we
may be liable for your losses or damages. However, there are some
exceptions. We will not be liable, for instance:
-
if, through no fault of ours, your Card funds are insufficient for
the transaction or are unavailable for withdrawal (for example,
because there is a hold on your funds, or your funds are subject to
legal process);
-
if a computer system, ATM, or POS terminal was not working properly
and you knew about the problem when you started the transaction;
-
if the ATM where you are making the transfer does not have enough
cash;
-
if a merchant refuses to honor your Card;
-
if circumstances beyond our control (such as fire, flood, terrorist
attack or national emergency) prevent the transaction, despite
reasonable precautions that have been taken;
-
if any failure or malfunction is attributable to your equipment, to
merchant or ATM equipment, or to any internet service or payment
system;
-
if you attempt to use a Card that has not been properly activated;
-
If an employee of a load network (Green Dot® rePower®) did not properly transmit
information to us;
-
If your Card or Access Information has been reported as lost or
stolen, if your Card Account has been suspended by us, or we have
reason to believe the transaction is not authorized by you; or
-
As otherwise provided in this Agreement.
Information about Your Right to Dispute Errors. If case of
errors or questions about your Card Account, please contact
us at (866) 783-3248 as soon as
possible or write Debit Card Network, LLC, at 2640 Cordova Lane,
Ste. 105, Rancho Cordova, California 95670. We must allow you to
report an error until 120 days after the transfer allegedly in error
was credited or debited to your Card Account. You may request a
written history of your transactions at any time by contacting us at
the telephone number or address above. You will need to tell us: (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 your complaint or question in writing or that you complete a
Transaction Dispute form which will be made available to you within
ten(10) business days. We will determine whether an error occurred
within ten (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 forty-five (45) days to investigate your complaint or
question. If we decide to do this, we will provisionally credit your
Card Account within ten (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 the investigation. If you are asked to put your
complaint or question in writing and we do not receive it within ten
(10) business days, we may not credit your Card Account. For errors
involving new accounts, point-of-sale, or foreign-initiated
transactions, we may take up to ninety (90) days to investigate your
complaint or question. For new accounts, we may take up to twenty
(20) business days to provisionally credit your Card Account for the
amount you think is in error. We will tell you the results within
three (3) business days after completing the investigation. If it is
decided that there was no error, we will send you a written
explanation. You may ask for copies of the documents that were used
in the investigation. If you need more information about the
error-resolution procedures, call us at the telephone number shown
above.
Questions. Debit Card Network, LLC, the Servicer, as the third party that
administers the Card program, is responsible for customer service
and for resolving any errors in transactions made with your Card. If
you have questions regarding your Card, you may call Debit Card
Network, LLC, at (866) 783-3248, write Debit Card Network, LLC, at
2640 Cordova Lane, Ste. 105, Rancho Cordova, California 95670 or
visit
www.lifefreedomcard.com
Communications.
We may contact you from time to time regarding your Card Account.
We may contact you in any manner we choose unless the law says
that we cannot. For example, The we may:
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contact you by mail, telephone, email, fax, recorded message,
text message or personal visit;
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contact you by using an automated dialing or similar device
(“Auto dialer”);
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contact you at your home and at your place of employment;
-
contact you on your mobile telephone;
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contact you at any time, including weekends and holidays;
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contact you with any frequency;
-
leave prerecorded and other messages on your answering
machine/service and with others; and
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identify ourselves, your relationship with us and the purpose
for contacting you even if others might hear or read it.
Our contacts with you about your Card Account are not unsolicited and
might result from information obtained from you or others. We may
monitor or record any conversation or other communication with you.
Unless the law says we cannot, we may suppress caller ID and similar
services when contacting you regarding your card. When you provide your
mobile telephone number, you hereby expressly agree that we, or any
third party acting on our behalf, may contact you at this number,
including through the use of an Auto dialer or prerecorded message. You
may request this number not be used by calling Debit Card Network, LLC,
at (866) 783-3248, writing Debit Card Network, LLC, at 2640 Cordova
Lane, Ste. 105, Rancho Cordova, California 95670 or visiting
www.lifefreedomcard.com.
Options may be offered that allow you to receive or access text messages
or other electronic communications or Card Account alerts from your
mobile phone. By enrolling for these types of communications, you
understand and agree to be responsible for any fees or charges you incur
as a result of this enrollment.
If you ask us to discuss your Card Account with someone else, you may be
asked to provide documents authorizing the communications.
Change of Address: If any of your contact information changes (e.g. physical address,
mailing address, e-mail address, phone number or your name), you must
notify us immediately. We will attempt to communicate with you only by
use of the most recent contact information you have provided to us.
Failure to promptly notify us of changes in your contact information
may result in information regarding the Card or Card Account being
mailed to the wrong person or your transactions being declined. Any
notice given by us shall be deemed given to you if mailed to you at
the last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address,your Card Account may be cancelled, and funds returned to you in
accordance with this Agreement.
Governing Law, Court Proceedings, Damages, Arbitration: Except as set forth in the Arbitration Agreement And Waiver of Jury
Trial below, (1) this Agreement will be governed by, construed and
enforced in accordance with federal law and the laws of the State of
Minnesota; (ii) any action or proceeding with respect to this
Agreement or any services hereunder shall be brought only before a
federal or state court in the State of Minnesota; and (iii) you agree
to pay upon demand all of our costs and expenses incurred in
connection with the enforcement of this Agreement. If we are served
garnishments, summonses, subpoenas, orders or legal processes of any
type, we are entitled to rely on the representations therein and may
comply with them in our own discretion without regard to
jurisdiction.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS
PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO
OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY
DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES
THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO
ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION
RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF
CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE
ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT
MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate.
You and we (defined below) agree that any Dispute (defined below)
will be resolved by Arbitration. This agreement to arbitrate is
governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the
substantive law of the State of Minnesota (without applying its
choice-of-law rules).
What Arbitration Is.
"Arbitration" is a means of having an independent third
party resolve a Dispute. A "Dispute" is any claim or
controversy of any kind between you and us. The term Dispute is to be
given its broadest possible meaning and includes, without limitation,
all claims or demands (whether past, present, or future, including
events that occurred prior to your application for a Sunrise Banks
account or Card and whether or not a Sunrise Banks Mastercard is
provided to you, based on any legal or equitable theory (contract,
tort, or otherwise) and regardless of the type of relief sought (i.e.,
money, injunctive relief, or declaratory relief). A Dispute includes,
by way of example and without limitation, any claim based upon a
federal or state constitution, statute, ordinance, regulation, or
common law, and any issue concerning the validity, enforceability, or
scope of this arbitration agreement.
For purposes of this arbitration agreement, the terms "you"
and "your" include any Authorized User, co-signer,
co-obligor, or guarantor and also your heirs, guardian, personal
representative, or trustee in bankruptcy. The terms "we,"
"our," and "us" mean either the Bank and include
employees, officers, directors, members, managers, attorneys,
affiliated companies, predecessors, and assigns the Bank as well as
the marketing, servicing, and collection representatives and agents of
either or both. The term “Servicer” means
Debit Card Network, LLC, a third-party
that
markets and services the Card and Card Account, including
its officers, directors, employees, agents, affliates, contractors and subcontractors.
How Arbitration Works.
If a Dispute arises, the party asserting the claim or demand must
initiate arbitration, you and wemay first try to resolve the matter
informally or through customary business methods, including collection
activity. The party filing an arbitration complaint must choose either
of the following arbitration firms for initiating and pursuing
arbitration: the American Arbitration Association ("AAA") or
JAMS, The Resolution Experts. If the parties mutually agree, a private
party, such as a retired judge, may serve as the arbitrator. If you
claim you have a Dispute, but do not initiate arbitration or select an
arbitrator, we may do so. You may obtain copies of the current rules
of each of the arbitration firms and forms and instructions for
initiating arbitration by contacting them as follows:
American Arbitration Association
120 Broadway, 21st Floor
New York, NY 10271
Website:
www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
1881 Von Karman Ave., Suite 350
Irvine, CA 92612
Website:
www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267
In the event both AAA and JAMS are unavailable to decide a Dispute, the
parties agree to select another neutral party experienced in financial
matters to decide the Dispute. If such an independent arbitrator cannot
be found, the parties agree to submit any Dispute to a state or federal
judge, sitting without a jury, for resolution on an individual and not a
class-wide basis.
The policies and procedures of the selected arbitration firm will apply
provided such policies and procedures are consistent with this
arbitration agreement. To the extent the arbitration firm's rules or
procedures are different than the terms of this arbitration agreement,
the terms of this arbitration agreement will apply.
What Arbitration Costs.
No matter which party initiates the arbitration, we will advance or
reimburse filing fees and other costs or fees of arbitration, provided
each party will be initially responsible for its own attorneys'
fees and related costs. Unless prohibited by law, the arbitrator may
award fees, costs, and reasonable attorneys' fees to the party who
substantially prevails in the arbitration.
Location of Arbitration.
Unless the parties agree to a different location, the arbitration
will be conducted in the county where you reside.
Waiver of Rights.
You are waiving your right to a jury trial, to have a court decide
your Dispute, to participate in a class action lawsuit, and to certain
discovery and other procedures that are available in a lawsuit. You
and we agree that the arbitrator has no authority to conduct
class-wide arbitration proceedings and is only authorized to resolve
the individual Disputes between the parties. The validity, effect, and
enforceability of this waiver of class action lawsuit and class-wide
arbitration, if challenged, are to be determined solely by a court of
competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If
such court refuses to enforce the waiver of class-wide arbitration,
the Dispute will proceed in court and be decided by a judge, sitting
without a jury, according to applicable court rules and procedures,
and not as a class action lawsuit. The arbitrator has the ability to
award all remedies available by statute, at law, or in equity to the
prevailing party.
Applicable Law and Review of Arbitrator's Award
The arbitrator shall apply applicable federal and Minnesota
substantive law and the terms of this Agreement. The arbitrator must
apply the terms of this arbitration agreement, including without
limitation the waiver of class-wide arbitration. The arbitrator shall
make written findings and the arbitrator's award may be filed with
any court having jurisdiction. The arbitration award shall be
supported by substantial evidence and must be consistent with this
Agreement and with applicable law, and if it is not, it may be set
aside by a court. The parties shall have, in addition to the grounds
referred to in the Federal Arbitration Act for vacating, modifying, or
correcting an award, the right to judicial review of (a) whether the
findings of fact rendered by the arbitrator are supported by
substantial evidence and (b) whether the conclusions of law are
erroneous under the substantive law of Minnesota and applicable
federal law. Judgment confirming an award in such a proceeding may be
entered only if a court determines that the award is supported by
substantial evidence and is not based on legal error under the
substantive law of Minnesota and applicable federal law.
Survival.
This arbitration provision shall survive: (1) cancellation, payment,
charge-off, or assignment of this Agreement; (2) the bankruptcy of any
party; and (3) any transfer, sale, or assignment of this Agreement, or
any amounts owed under this Agreement, to any other person or
entity.
RIGHT TO OPT-OUT. IF YOU DO NOT WISH TO AGREE TO ARBITRATE ALL DISPUTES
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS SECTION, YOU MUST
ADVISE US IN WRITING AT THE FOLLOWING ADDRESS BY EITHER HAND DELIVERY OR
A LETTER POSTMARKED WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU ENTER
INTO THIS AGREEMENT. YOU MAY OPT-OUT WITHOUT AFFECTING YOUR APPLICATION
OR CARDHOLDER STATUS.
Sunrise Banks
200 University Avenue West Suite 200
Saint Paul, MN 55103
Assignability.
We may assign or transfer our rights and obligations under this
Agreement at any time without prior notice to you. The Card Account
established under this Agreement is not assignable or transferable by
you. Notwithstanding the foregoing, this Agreement shall be binding on
you, your Authorized Users, your heirs, your executors,
administrators, guardians, personal representatives, or trustee in
bankruptcy.
Miscellaneous Provisions: We do not waive our rights by delaying or failing to execute them
at any time. To the extent permitted by law and as permitted by the
Arbitration Agreement and Waiver of Jury Trial above, you agree to be
liable for any loss, costs, or expenses that we may incur as a result
of any dispute or legal proceeding involving your Account. If a court
finds any provision of this Agreement invalid or unenforceable, such
finding shall not make the rest of this Agreement invalid or
unenforceable. To the fullest extent possible, any such provision
shall be deemed to be modified so as to be rendered enforceable or
valid; however, if such provision cannot be so modified, it shall be
stricken and all other provisions of this Agreement in all other
respects shall remain valid and enforceable.
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FACTS
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WHAT DOES SUNRISE BANKS, N.A. DO WITH YOUR PERSONAL INFORMATION?
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Why?
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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.
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What?
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The types of personal information that we collect, and share
depend on the product or service you have with us. This can
include:
When you are no longer our customer, we continue to share
your information as described in this notice.
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How?
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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 Sunrise Banks, N.A. chooses to
share; and whether you can limit the sharing.
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Reasons we can share your personal information
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Does Sunrise Banks,N.A. Share?
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Can you limit this sharing?
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For our everyday business purposes –
such as: to process your transaction, maintain your account(s),
respond to court orders and legal investigations, or report to
credit bureaus.
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Yes
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No
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For our marketing purposes –
to offer our products and services to you.
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Yes
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No
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For joint marketing with other financial companies.
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Yes
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No
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For our affiliates’ everyday business purposes –
information about your transactions and experiences.
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Yes
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No
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For our affiliates’ everyday business purposes-
information about your creditworthiness.
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No
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We don’t share
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For our affiliates to market to you.
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No
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We don’t share
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For non-affiliates to market to you.
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No
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We don’t share
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Questions?
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Call (866) 783-3248
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Who we are
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Who is providing this notice?
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Sunrise Banks, N.A.
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What we do
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How does Sunrise Banks, N.A. protect my personal information?
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To protect your personal information from unauthorized access and
use, we use security measures that comply with federal law. These
measures include computer safeguards, secured files and buildings.
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How does Sunrise Banks, N.A. collect my personal information?
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We collect personal information, for example, when you
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Open a Card Account or use your card
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Pay your bills or make a purchase
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Give us your contact information
We also collect your personal information from others, such as
credit bureaus, affiliates, or other companies.
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Why can’t I limit all sharing?
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Federal law gives you the right to limit only:
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Sharing for affiliates everyday business purposes- information
about your creditworthiness,
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Affiliates from using your information to market to you,
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Sharing for non-affiliates to market to you.
State laws and individual companies may give you additional rights
to limit sharing.
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Definitions
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Affiliates
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Companies related by common ownership or control. They can be
financial and non- financial companies.
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Non-affiliates
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Companies not related by common ownership or control. They can be
financial or non-financial companies.
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Joint Marketing
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A formal agreement between non-affiliated financial companies that
together market financial products or services to you.
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LIFEFREEDOMTHRIVE.CARDHOLDERAGREEMENT.FEEUPDATE_1220-4