Below are the disclosures and legal agreements that cover your use of our services, including this site. The documents are:
- The Cardholder Agreement, which defines the rights and responsibilities of the account owner and his or her relationship with Sunrise Banks, the financial institution where your funds will be deposited. This agreement includes a disclosure of fees associated with the program, the privacy rights of the cardholder, and a required notice about Patriot Act identity verification.
- The True Link Financial Protection Service Agreement, which defines the administrator's responsibilities to the cardholder, the cardholder's acceptance of the administrator, and their relationship between True Link.
- The e-Sign consent, which enables us to communicate with you electronically.
We encourage you to read all of them with care and make sure you fully understand them. If you have any questions, please don't hesitate to contact us or seek independent legal advice.
List of All Fees for ABLE Visa® Prepaid Card (“Fee Schedule”)
Shown on Your Statement
|Set-Up and Maintenance|
|Monthly Fee||Monthly Fee||$5.00||This fee will be charged on the first day of the month following card activation and monthly thereafter.
*This fee is $2.50 for ABLE participants in the ABLE United plan and $1.25 for ABLE participants in the Maryland ABLE, Oregon ABLE, ABLE for All, and Washington State ABLE plans.
|Using your Card outside the U.S.|
|International Transaction Fee||International Purchase Fee||$2.00||This is our fee for an international purchase.
If you make a purchase in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by Visa into U.S. dollars. Visa will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. This currency conversion fee is in addition to our fee.
|Replacement Card||Replacement Card Fee||$5.00||This is our fee each time you request a replacement card prior to the expiration/valid thru date of your card.|
|Expedited Card||Expedited Shipping Fee||$30.00||This is our fee each time you request expedited shipping for a card. Your card will arrive in approximately 2-4 business days. You can choose standard delivery of your card for no shipping fee.|
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 1-888-219-9054, by mail at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104, or visit truelinkcard.com/able.
For general information about prepaid accounts, visit
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.
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 True Link ABLE Visa® Prepaid Card. 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 Visa U.S.A., Inc.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A CARD ACCOUNT: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who opens a card account. What this means for you: when you open a card 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 Cardholder, Card Owner, Administrator and Authorized User of the Card. “Card Owner” means the person who qualified for the Card Account and owns the funds in the Card Account. “Administrator” means the person authorized by the Card Owner to receive information about the Card Account and to personalize spending actions using the True Link Financial Protection Software Service. “Authorized User” means any person issued a Card at the request of the Card Owner and/or authorized by the Card Owner to use the Card. True Link Financial, Inc. is the service provider that markets and services your Card Account and the True Link Financial Protection Software Service. “Card” means the ABLE Visa Prepaid Card that is issued to you by us. "Card Account" means the custodial sub-account we maintain on your behalf to account for the transactions made with your Card, Card Number or Account Number. “Account Number” means the 11-digit number used to identify your Card Account. “Card Number” means the 16-digit number embossed on your Card. "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. “ABLE Account” means the investment account available to eligible Card Owners through the Achieving a Better Life Experience Act and from which funds may be loaded to the Card
Agreement to Terms: By activating or using your Card (see “Activating Your Card” section), 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 call us at 1-888-219-9054 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 the “Change in Terms” section.
Prepaid Card: The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account from your ABLE Account. Your Card Account does not constitute a checking or savings account. Except as a means to access funds deposited from your ABLE Account into your Card Account, your Card 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. Subject to applicable law, your 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. 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 a Card, call 1-888-219-9054 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.
Administrator: The True Link Financial Protection Software Service (governed by the True Link Financial Protection Software Services Agreement) offered in connection with your ABLE Visa Prepaid Card permits you to authorize another person (“Administrator”) to obtain information about your Card Account, take certain administrative actions with respect to your Card Account and assist you in personalizing your spending actions or limitations. By way of example, and without limitation, the True Link Financial Service permits your designated Administrator to view past Card transactions, define rules for declining certain types of future Card transactions, receive alerts about transactions initiated with your Card, dispute transactions, initiate action to close your Card Account and transfer out the funds, order an additional or replacement Card, arrange for the deposit of your funds to your Card Account, initiate bill payment if a bill payment service is available, and generally administer your Card Account. We do not monitor the activities of any Administrator and cannot verify the intentions or trustworthiness of your Administrator. You should not authorize an Administrator to act on your behalf unless you are willing to grant such person administration rights over your Card Account.
Liability for Acts of Administrators: If you permit another person to have access to your Card, Card Number or Account Number, including Administrators, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred by those persons. You must notify us by calling 1-888-219-9054 or emailing firstname.lastname@example.org to revoke permission for any person you previously authorized to use your Card or serve as an Administrator of your Card Account. Until we have received your revocation notice and have had a reasonable time to act on it, you are responsible for all transactions and fees incurred by you or any other person you have authorized to use or access your Card or Card Account. If you tell us to revoke another person’s use of your Card or access to your Card Account, we may revoke your Card and issue a new Card with a different Card Number and/or Account Number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Using Your Card: After you receive your Card, you may use it to purchase goods and services everywhere Visa debit cards are accepted. You acknowledge that because the funds in your Card Account have been transferred from your ABLE Account, the terms and conditions of your ABLE Account may apply to limit the purposes for which you may use your Card funds. Please see your ABLE Account terms and conditions for more details regarding qualified expenses and purchases. Your card cannot be used to withdraw cash. If you do not have enough funds loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them. Each time you use the Card to purchase goods or services, you authorize us to reduce the value available on the Card by the amount of the transaction plus applicable fees.
You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Card Account information or Card funds; (iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. We may refuse to process any transaction that we believe violates the terms of this Agreement, is suspicious or fraudulent, or exceeds any settings you or your Administrator have established for your Card Account. Although we will use commercially reasonable efforts to decline any transactions you or your Administrator have specifically requested us to decline in your Card Account settings, we do not guarantee that we will be able to decline or prevent these transactions in all circumstances or at all merchants and we shall not be liable in the event you initiate and we authorize a transaction that exceeds your Card Account settings. By agreeing to these terms and conditions, you agree to the restrictions that you set on the Card.
PIN: A PIN is a four-digit code that may be used to make purchase transactions. Some merchants may require you to make purchases using a PIN rather than your signature. 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. You can call 1-888-219-9054 to reset your PIN.
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.
Frequency and/or Dollar Limits
(for typical transactions)
|Maximum Card Account balance||$20,000.00 total|
|Cash Loads||Not allowed|
|Direct Deposits/Transfers from Your ABLE Account - Daily||$5,000.00 total per day|
|Direct Deposits/Transfers from Your ABLE Account - Monthly||$20,000.00 total per month|
|Cash Withdrawals (ATM or POS)||Not allowed|
|Cash Withdrawal (Over the Counter or Quasi Cash)||Not allowed|
|Card Purchases (Signature & PIN) - daily||$5,000.00 total per day|
|Card Purchases (Signature & PIN) - Monthly||$20,000.00 total per month|
Loading Your Card Account: You may arrange to have transfers made to your Card Account from your ABLE Account. Your ABLE Account is the only source of funds for a transfer onto your ABLE Visa Prepaid Card. You can call us at 1-888-219-9054 to find out whether or not the any transfer has been made to your Card.
ONLY TRANSFERS FROM YOUR ABLE ACCOUNT WILL BE ACCEPTED. NO OTHER LOAD TYPES ARE ALLOWED FOR THIS CARD, INCLUDING CASH LOADS AND LOADS THROUGH RETAIL LOAD NETWORKS (e.g. GreenDot, MoneyGram, Western Union, etc.).
Using Your Card for Purchases: 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 we authorize the transaction, 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, however, and will release the hold on any excess amount when the transaction finally settles.
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 initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated transaction fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions or transaction fees cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount immediately, without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card Account you activate or maintain with us. If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account without notice.
Preauthorized Payments from Your Card: You may preauthorize a merchant to make recurring electronic funds transfers from your Card Account. If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before the payment is due when it will be deducted from your Card Account value and how much it will be. If you have told us in advance to make regular, recurring payments from your Card Account, you can stop any of these payments by calling us at 1-888-219-9054, emailing us at email@example.com, or writing to us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104 in time for us to receive your request at least three (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 fourteen (14) days after you call.If you order us to stop one of these payments three (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.
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 “List of All Fees”. You may also log in at www.truelinkcard.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. If you request a service that is not included (see “List of All Fees” for applicable fees), 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.
Liability for Use of Card Funds. The Bank is not the issuer or holder of your ABLE Account and has no responsibility or liability for how you spend the money on your Card, including if funds are spent on non-qualified ABLE withdrawals that have tax or benefits eligibility implications. You are solely responsible for complying with the terms and conditions of your ABLE Account, and you agree to indemnify, defend and hold the Bank harmless against any and all losses, expenses, penalties, or fines arising from any legal action, claim, demand, or proceeding brought by any third party relating to the ABLE Account program or your use of ABLE Account funds.
Card Account Balance and Transaction History: You can obtain information about the current available balance in your Card Account at no charge by calling 1-888-219-9054. You may also obtain your balance information, along with a history of your account transactions, at no charge by logging into your Card Account online. You also have the right to obtain a written history of account transactions by calling 1-888-219-9054 or by writing us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104.
Foreign Transactions: If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by Visa into U.S. dollars. Visa will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa 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” for applicable fees).
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 we need to make the change 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, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card Account or may revoke 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, contact us at 1-888-219-9054 or visit truelinkcard.com/able. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card Account privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement. Funds will be provided by check, made payable to the Card Owner. We may additionally offer you the option of a refund by card-to-bank transfer at our discretion.
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 we cancel your Card Account for any reason, we will attempt to refund to the Card Owner the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges) via a check made payable to the Card Owner.
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 provided by law. If this occurs, we may try to locate the Cardh Owner at the address shown in our records, so we encourage you to keep us informed if you change your address. You may notify us of a change of address by calling Customer Service at 1-888-219-9054 or visit truelinkcard.com/able.
We are required to periodically report certain Card information to the Visa Prepaid Clearinghouse Service (PCS) to assist in fraud prevention. Please contact PCS Customer Service for details regarding the information reported and on file with PCS.
Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH
Phone (844) 263-2111
Fax (844) 432-3609
PCS Customer Service Department’s business hours are Monday – Friday, 9:00 a.m. – 5:00 p.m. Eastern Time.
Website Availability: Although considerable effort is expended to make the website and other means of communications and access available around the clock, we do not warrant 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. We recommend 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 our website under your user name without your consent, or your Card has been accessed), you must notify us immediately. Under certain circumstances, we may deny your access to our website 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, immediately call: 1-888-219-9054 or write: True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. You should also immediately 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 immediately 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 1-888-219-9054 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 we 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 immediately. If you do not tell us within 60 days after your account statement was made available to you, you may not get back any money you lost after this period 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 learning of the unauthorized transaction and telling us, we will extend the time periods for a reasonable period in our sole discretion.
Additional Limits on Liability Visa Rules.
Under Visa rules, unless you have been grossly negligent or have engaged in fraud you will not be liable for any unauthorized transaction using your lost or stolen card. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by Visa.
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 our 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, or POS terminal was not working properly and you knew about the problem when you started the transaction;
- if a merchant refuses to honor your Card;
- if circumstances beyond our control (such as fire, flood, pandemic, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have 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 your Card or Access Information has been reported as lost or stolen, if your Card Account has been suspended by us, or we believe the transaction is not authorized by you;
- If you or your Administrator have specifically requested us to decline certain transactions in your Card Account settings; or
- As otherwise provided in this Agreement.
Information About Your Right to Dispute Errors: In case of errors or questions about your Card Account, please contact us as soon as possible at 1-888-219-9054 or write to us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104 We must allow you to report an error until 60 days after your account statement was made available to you for the transfer that was credited or debited to your Card Account allegedly in error. 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 us your complaint or question in writing 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 our investigation. If we ask you 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 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 that we used in our investigation. If you need more information about our error-resolution procedures, call us at the telephone number shown above.
Questions: True Link Financial, Inc. 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 us at 1-888-219-9054 or write True Link Financial, Inc., PO Box 581, San Francisco, CA 94104.
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, we may:
- contact you by mail, telephone, email, fax, recorded message, text message, or email;
- contact you by using an automated dialing or similar device (“Autodialer”);
- contact you at your home and at your place of employment;
- contact you on your mobile telephone;
- contact you at any time, including weekends and holidays;
- contact you with any frequency;
- contact either you or your Administrator, at our option, about any matter;
- leave prerecorded and other messages on your answering machine/service and with others; and
- identify ourselves, your relationship with us and our 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 we obtain 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 give us your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. If you ask us to discuss your Card Account with someone else, you must provide us with documents that we ask for and that are acceptable to us.
Change of Address: If any of your contact information changes (e.g., physical address, mailing address, email address, phone number, or your name), you must notify us immediately. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address or electronically delivered to the last email 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 Waiver of Jury Trial and Arbitration Agreement 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 Visa Card 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 Administrator, Cardholder, Authorized User, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. For purposes of this Agreement, the terms "we," "our," and "us" mean the Bank, True Link Financial, Inc. and their respective employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns as well as the marketing, servicing, and collection representatives and agents of either or both.
How Arbitration Works: If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may 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 with us, 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
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
Web site: 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 you and we 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 you and us. 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
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 and Administrators, 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 Waiver of Jury Trial and Arbitration above, you agree to be liable to us 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.