Ally Proprietary

Cardmember Agreement
Your Credit Card Agreement With Us
This document, along with the Account Summary Table enclosed with your
credit card, together constitute your Cardmember Agreement (the
“Agreement”) that establishes the terms of your credit card Account
(“Account”) with us. Please read it carefully and keep it for your records. You
accept this Agreement if you do not cancel your Account within 30 days after
receiving a Card, or when you or an Authorized User use the Account. To help
prevent unauthorized use of your Card, please sign the back of your Card.
In this Agreement, the words “you” and “your” refer to each person who has
applied for the Account and any other person who has agreed to be
responsible for the Account. The words “we”, “us” and “our” refer to Ally Bank,
its agents, successors or assigns and its service providers. “Card” refers to
each Mastercard Card that is issued by us for your Account. The term “Check”
refers to a convenience check, a written Credit Device that we may issue to
you. The term “Credit Device” refers to a Check, payee-designated check,
draft, order, or other instrument or transaction that accesses the Account,
other than a Card. Any Card or Credit Device must be destroyed or returned
to us immediately upon our request.
Features and Use of Your Account
You may use your Card or Account to make Purchases, Balance Transfers and
Cash Advances under this Agreement. You may use this Account for
personal, family or household purposes.
A “Purchase” is the use of the Account to buy or lease goods or services, or
the use of the Account to make a transaction that is not otherwise a Balance
Transfer or Cash Advance.
A “Balance Transfer” is the use your Account or a Credit Device to pay
amounts you owe under accounts with other creditors.
A “Cash Advance” is the use your Card or a Check (which you sign as drawer,
like a personal check) to obtain cash loans from any financial institution that
accepts the Card. Checks will not be subject to any stop payment order and
will not be returned to you. Each Check may be used only by the person(s)
whose name(s) is/are printed on it. You may not use any Check we issue to
you to pay any amount you owe under your Cardholder Agreement or under

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any other credit agreement or account you may have with us. The following
transactions will also be treated as Cash Advances under this Agreement:
•
Obtaining cash from a participating Automated Teller Machine
(“ATM”);
•
Obtaining cash from participating financial institutions nationwide
that have agreed with Mastercard to allow you to use your Card to
obtain cash;
•
Obtaining money orders, wire transfers, casino or gaming chips,
travelers’ checks, foreign currency, digital currency, vouchers
redeemable for cash or similar items.

You may not use your Card or Account for online or internet gambling or for
any illegal purpose.
Interest Rates
When your Account has a Balance Subject to Interest (as described in Section
labeled “How we Calculate Your Interest Charges”), we will calculate interest
by applying a daily periodic rate to that balance. This Agreement provides for
the compounding of interest. If you owe interest in any billing cycle, the
charge will be no less than the minimum interest charge stated in the
Account Summary Table.
Periodic Rates: We will use one or more daily periodic rates (“DPRs”) to
calculate how much interest you owe. Your DPRs and corresponding Annual
Percentage Rates (“APRs”) will vary. The DPR is a rate equal to the APR divided
by 365. The current DPRs and corresponding APRs for Purchases, Cash
Advances and Balance Transfers, including any applicable promotional rates,
are shown with the Account Summary Table.
Variable Rate Information: Except as provided in a promotional offer, the
periodic rates and corresponding APRs on your account will vary with the
market based on the highest domestic bank “Prime Rate” as published in the
“Money Rates” section of The Wall Street Journal (the “Prime Rate”). We
determine your APRs for each billing cycle by adding the “Margins” shown in
the Account Summary Table to the Prime Rate on the last business day of the
month. An increase or decrease in the Prime Rate will cause a corresponding

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increase or decrease to your variable rates on the first day of the billing cycle
that begins in the same month in which the applicable Prime Rate is
published. There is no limitation on the amount of any increase. Any such
increase or decrease will cause a corresponding increase or decrease in the
amount of interest assessed. If The Wall Street Journal does not publish the
Prime Rate, or if it changes the definition of the Prime Rate, we may substitute
another index.
How We Calculate Your Interest Charges
Average Daily Balance Method (including new transactions): The “average
daily balance” for Purchases, Balance Transfers and Cash Advance
categories are calculated separately. To get the “average daily balance” we
take the beginning balance of your Account each day, add to the respective
category any new Purchases, Cash Advances, Balance Transfers, and/or
applicable fees, and subtract payments and/or credits. This gives us the daily
balance for each day, except that if the daily balance is negative, we treat it
as zero. We then add up all of the daily balances for each category and divide
by the number of days in the billing cycle. This gives us the “average daily
balance” for each balance category. The interest charged for each balance
category equals the “average daily balance” for that balance category times
the applicable DPR times the number of days in the billing cycle. The results
are then added together to determine the total interest charge for the billing
cycle. To the extent interest comprises any part of your Average Daily
Balance, compounding of interest will occur.
When Interest Begins to accrue on Purchases, Balance Transfers and Cash
Advances: Except as provided below, interest on Purchases, Cash Advances
and Balance Transfers accrues from the date of the transaction. If a
transaction occurs in one billing cycle but is not posted to your Account until
the next billing cycle, the transaction is added or subtracted on the first day of
the billing cycle in which the transaction is posted to your Account. You will
not have to pay interest on Purchases if you pay your New Statement Balance
in full by the Payment Due Date shown on your statement, which shall not be
less than 25 days after the close of the billing cycle. If you have been paying
your Account balance in full and thereby avoiding interest on Purchases, but
then do not pay the next New Statement Balance in full by the Payment Due
Date, in that billing cycle we will start charging interest on the unpaid portion

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of your balance. Unless otherwise disclosed in a promotional offer, there is no

period in which credit extended may be paid without incurring interest on
Cash Advances or Balance Transfers.
Fees
Annual Fee: If applicable, you agree to pay us when billed each year (subject
to applicable federal law) a non-refundable Annual Fee in the amount stated
in the Account Summary Table. Your payment of this fee will not affect any of
our rights under this Agreement, including our right to terminate your
Account.
Transaction Fees: Unless otherwise disclosed in a promotional offer, we will
charge a one-time transaction fee for each Balance Transfer and Cash
Advance. The calculation of these fees is described in the Account Summary
Table. The fee for a Balance Transfer will be added to your Balance Transfer
balance. The fee for a Cash Advance will be added to your Cash Advance
balance.
Late Fees: If we do not receive a payment from you in at least the amount of
your Minimum Payment Due by the Payment Due Date shown on your
statement, we may charge you a Late Fee (as described in your Account
Summary Table). The amount of the Late Fee will be $29 for the first
occurrence and $40 for any subsequent occurrence within six (6) billing
cycles. The Late Fee will not exceed the lesser of the amount stated in the
Account Summary Table or the amount of the Minimum Payment Due when
the payment was late.
Administrative Fees: You may be charged for the expedited mailing or
replacement of your Card. These fees will be disclosed to you at the time of
the request.
Military Lending Act
This section includes information regarding the Military Lending Act, which
provides protections for certain members of the Armed Forces and their
dependents (“Covered Borrowers”). The provisions of this section apply only if
you are a Covered Borrower at the date of your Account opening.
Statement of Military Annual Percentage Rate (“MAPR”): Federal law
provides important protections to members of the Armed Forces and their
dependents relating to extensions of consumer credit. In general, the cost of
consumer credit to a member of the Armed Forces and his or her dependent

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may not exceed an Annual Percentage Rate of 36%. This rate must include, as
applicable to the credit transaction or Account: (1) the costs associated with
credit insurance premiums; (2) fees for ancillary products sold in connection
with the credit transaction; (3) any application fee charged (other than
certain application fees for specified credit transactions or accounts); and (4)
any participation fee charged (other than certain participation fees for a
credit card account). If you are a Covered Borrower, you may call 1-866-709-
4668 to hear important information about the Military Lending Act and your
Account.
Obligations on Your Account
You authorize us to pay and charge your Account for all Purchases, Balance
Transfers and Cash Advances made or obtained by you or anyone you
authorize or by anyone who has apparent authority to use your Card or
Account. You promise to pay us for all of these Purchases, Balance Transfers
and Cash Advances, plus any interest assessed on your Account and any
other charges and fees you may owe under the terms of this Agreement. You
will be obligated to pay authorized charges to your Account whether resulting
from (a) actual use of your Card or a Credit Device, (b) mail order or
telephone, internet or other electronic Purchases made without presenting
the Card or (c) any other circumstance where you authorize a charge, or
authorize someone else to make a charge, to your Account.
Credit Limit
You may use your Account to make Purchases and Balance Transfers (as
such Balance Transfers may be offered to you from time to time) up to the
amount of your Credit Limit. You may use your Account to make Cash
Advances up to the amount of your Cash Access Limit. Your Cash Access Limit
is the portion of your overall Credit Limit which we make available from time
to time for Cash Advances. Your Credit Limit and Cash Access Limit are
provided to you with your Card and on every monthly statement. We may
change any applicable Credit Limit and Cash Access Limit from time to time.
You agree not to make a transaction on your Account that would cause the
unpaid balance of your Account (including interest, fees and other charges)
to exceed its applicable limit. We may honor Purchases, Balance Transfers
and Cash Advances in excess of the applicable Credit Limit at our sole
discretion. If we do, this Agreement also applies to that excess and you agree

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to pay that excess immediately upon request. The fact that we may at any
time honor a Purchase, Balance Transfer or Cash Advance in excess of the
applicable Credit Limit does not obligate us to do so again.
Subject to any restrictions under applicable law, you agree that we may
change or cancel any applicable Credit Limit at any time without affecting
your obligation to pay all amounts owed under this Agreement. For security
reasons, we may limit the number or dollar amount of transactions that may
be accomplished with your Card, Account or any Credit Device, and we have
the right to limit authorizations to complete such transactions if we consider it
necessary to verify payments received.
Monthly Statements
We will send a billing statement at the end of each monthly billing cycle in
which your Account has a debit or credit balance of more than $1 or if interest
has been imposed, or as required by applicable law. Among other things, your
statement will show your New Statement Balance, any interest assessed, any
Credit Limit(s) and credit available, the minimum amount you must pay
(“Minimum Payment Due”) and the date when payment is due (“Payment
Due Date”). Interest and fees, however, will continue to accrue whether or not
we send you a statement.
Your Payment Obligations
Except as otherwise provided in this Agreement or any promotional offer, you
must pay at least the Minimum Payment Due each billing cycle by its
Payment Due Date. Payments must conform to the requirements set forth on
the monthly statement; these requirements may vary without prior notice. All
payments must be made in U.S. dollars. Any payment made by check or other
negotiable instrument must be drawn on a U.S. bank or a U.S. branch of a
foreign bank or we will reject the payment. We may also reject any payment
we receive if your account has a credit balance as of the day we receive that
payment. Your payment will not be considered received by us if the payment
is later dishonored. Payments posted to your Account may not immediately
result in additional available credit; we may delay increasing your available
credit by up to ten days.
You may pay more than the Minimum Payment Due and may at any time pay
the full amount you owe us without penalty. If you overpay or your Account
has a credit balance, we will not pay interest on such amounts. Any Minimum

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Payment or additional amount you pay each month will not prepay any
future Minimum Payments required, or alter your obligation to make at least a
Minimum Payment by the Payment Due Date. Generally, credits to your
account, such as those generated by merchants, are not treated as
payments and will not reduce the Minimum Payment Due.
How We Determine the Minimum Payment Due
If the New Statement Balance shown on your monthly statement is less than
$27, your Minimum Payment Due (due by the Payment Due Date) will be your
New Statement Balance. Otherwise, the Minimum Payment Due for each
billing cycle will be the greater of $27 or the total of (1) 1% of the New
Statement Balance, plus (2) any Interest Charges, plus (3) any Late Fee. We
will also include any past due amounts from prior billing cycles in your
Minimum Payment Due as applicable. We will round the amount of your
Minimum Payment Due up to the next highest dollar.
When Your Payment Will Be Credited
We credit mailed payments as of the date received, if the payment is: (1)
received by 5 p.m. local time at the address shown on the remittance slip on
the front of your statement; (2) paid with a check drawn in U.S. dollars on a
U.S. financial institution or a U.S. dollar money order; and (3) sent in the return
envelope with only the remittance portion of your statement accompanying
it. Payments received by mail after 5 p.m. local time at the remittance
address on any day including the Payment Due Date, but that otherwise meet
the above requirements, will be credited as of the next day. Credit for any
other payments may be delayed up to 5 days.
How We Will Allocate Your Payment
Subject to any restrictions of applicable law, we will apply your payments to
the balances on your Account in whatever manner we determine. Generally, if
your Account has balances (including new transactions) with different APRs,
we will allocate the amount of your payment equal to the Minimum Payment
Due to the lowest APR balances first. Payment amounts that exceed the
Minimum Payment Due will be allocated to balances with higher APRs before
balances with lower APRs.
Irregular Payments
We can accept late payments, partial payments, checks and money orders
marked “Paid in Full” or language having the same effect without losing any of

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our rights under this Agreement including our right to collect all sums you owe
us. No payment shall operate as an accord and satisfaction without our prior
written approval. All written communications concerning disputed amounts,
including any check or other payment instrument that indicates that the
payment constitutes “payment in full” of the amount owed, or that is tendered
with other conditions or limitations, or as full satisfaction of a disputed
amount, must be mailed or delivered to Ally Credit Card, PO Box 9222, Old
Bethpage, NY 11804. In addition, you may not postdate a Check; if you do, we
may honor it or return it unpaid, without waiting for the date shown on the
Check.
Default
Subject to any restrictions of applicable law, your Account will be in default
and we may demand immediate payment of the entire amount you owe us
without giving you prior notice if: (a) in any month we do not receive your
Minimum Payment Due by the Payment Due Date; (b) you otherwise fail to
comply with this Agreement; (c) you become a “debtor” under the U.S.
Bankruptcy Code; (d) you die or become incapacitated; or (e) we believe in
good faith that the payment or performance of your obligations under this
Agreement is impaired for any other reason.
Collection Costs
To the extent the state where you live permits the charging of such fees and
costs, you agree to pay all collection expenses actually incurred by us in the
collection of amounts you owe under this Agreement (including court costs
and the fees of any collection agency to which we refer your Account) and, if
we refer your Account after your default to an attorney who is not our
regularly salaried employee, you agree to pay the reasonable fees of such
attorney.
We May Suspend or Terminate Your Account
Subject to any restrictions of applicable law, we may suspend or close or
otherwise terminate your Account or limit your right to use the Account at any
time for any reason, even if you are not in default. If we ask, you must destroy
your Cards and any unused Credit Devices. You agree that you will not try to
make a Purchase, obtain a Cash Advance or initiate a Balance Transfer after
you have been notified that your privilege to use your Account has been
terminated. We will not be obligated to honor any attempted use of your

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Account if default has occurred or we have determined to terminate your

Account or limit your Account privileges. You may close your Account at any
time by notifying us in writing or by telephone. If you do, you must destroy all
Cards and Credit Devices previously issued on the Account. Your obligations
under this Agreement continue even after the Account is closed (whether by
you or us) and you will remain liable for all amounts owed under the terms of
this Agreement including any transactions after your account is closed which
we believe you have authorized. When your Account is closed, it is your
responsibility to contact anyone you have authorized to charge transactions
to your Account to change the billing, such as recurring merchant billers and
subscription services.
Refusal to Honor Card
We are not responsible for refusals to honor your Card or Credit Devices. And,
except as otherwise required by applicable law or regulation, we will not be
responsible for merchandise or services purchased or leased through use of
your Account.
Notices
We will send statements and any other notices to you at the address shown in
our files, or if you have opted for electronic delivery, we will send eligible
documents to the email address you provided or make available to you
online. You promise to inform us promptly in writing or by telephone of any
change in your mailing address and/or email address. We may, at our
discretion, accept address corrections from the United States Postal Service
or others.
Transactions in Foreign Currencies
You may use your Card, Account or Credit Device for Purchases and Cash
Advances made in currencies other than U.S. Dollars from participating
Mastercard merchants. We and Mastercard (or their affiliates) will convert
transactions in foreign currencies into U.S. Dollars. Mastercard will use their
currency conversion procedures that are current at the time of the
transaction. Currently, Mastercard selects a rate from the range of rates
available in the wholesale currency markets for the applicable central
processing date, which rate may vary from the rate Mastercard itself receives,
or the government mandated rate in effect for the applicable central

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processing date. The currency conversion rate used on the conversion date
may differ from the rate in effect on the date you used your Card or Account.
Adjustments to Minimum Monthly Payments
From time to time, we may let you skip or reduce one or more Minimum
Payments Due and we will notify you when these options are available. This
may occur, for example, if we are working with borrowers affected by a
federally declared disaster. If in response to our notification you omit a
payment or make a reduced payment, interest charges, applicable fees, and
other regular transactions, if any, will accrue on your account balances in
accordance with this Agreement. Any reduced payment amount offered may
be less than your interest charges. You must make the reduced payment
amount on time to avoid a Late Fee.
We May Amend This Agreement
Subject to applicable law, we can amend the terms of this Agreement by
changing terms, adding new terms, or deleting terms from this Agreement at
any time. We will give you notice of an amendment as required by applicable
law. As permitted by applicable law, any amendment of this Agreement will
become effective at the time stated in our notice. Unless we state otherwise,
the amended terms will apply to all outstanding balances on your Account as
well as to new transactions to the extent permitted by applicable law.
Collecting and Sharing; Credit Reporting; Inaccurate Information
You agree that we may request consumer credit reports from one or more
credit reporting agencies (e.g., credit bureaus) at any time and to use these
reports for any reason, including to administer and review your Account, to
consider you for offers of other products and services, and to collect your
Account. You also authorize us to exchange credit information concerning
you or your Account with (and answer questions and requests from) others,
such as merchants, other creditors and credit reporting agencies. From time
to time we may request employment and income data from third parties for
the ongoing administration of your Account. We may report information
about your Account to credit bureaus. Late payments, missed payments, or
other defaults on your Account may be reflected on your credit report. If you
believe that we have information about you that is inaccurate or that we
have reported or may report to a credit reporting agency information about
you that is inaccurate, please notify us of the specific information that you

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believe is inaccurate by writing to us at Ally Credit Card, PO Box 9222, Old

Bethpage, NY 11804. Please include your name, address, home phone
number, and account number and explain what you believe is incomplete
or inaccurate.
Telephone Calls and Text Messages Regarding Your Account
You agree that we may monitor and/or record any of your phone
conversations with any of our representatives. We may use automated
telephone dialing, text messaging systems and electronic mail to provide
messages to you about payment due dates, missed payments, options to
amend this Agreement and other important information. The telephone
messages are played by a machine automatically when the telephone is
answered, whether answered by you or someone else. These messages may
also be recorded by your answering machine. You understand that the text
messages we send may be seen by anyone with access to your phone.
Accordingly, you should take steps to safeguard your phone and your text
messages if you want them to remain private. Please do not send confidential
information via text message. By providing us with your cell or mobile
telephone number, you authorize us to contact you from time to time
regarding your application and Account at that number using text messages.
You further agree that such telephone calls and text messages are not
unsolicited calls for purposes of applicable law. Standard text messaging
and/or calling charges by your communications carrier may apply.
How to Update Your Records
Notify us immediately if you change mobile or cell phone numbers or plan to
give your phone to someone else. It is your responsibility to provide us with a
true, accurate and complete mobile number and to maintain and update
promptly any changes in this information. You can update your mobile
number by calling us at the phone number on the back of your Card. You
further agree to indemnify, defend and hold us, our subsidiaries, affiliates,
officers, agents and other partners and employees harmless from and
against any and all claims, losses, liability, cost and expenses (including
reasonable attorneys' fees) arising from your provision of a mobile phone
number that is not your own or your violation of applicable federal, state or
local law, regulation or ordinance. Your obligation under this paragraph shall

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survive termination of the Agreement. SMS (text message) notifications are

provided for your convenience only.
Benefits
You may be offered certain benefits and services with your Account, such as
those provided by Mastercard. Any benefits or services are not a part of this
Agreement. They are subject to the terms and restrictions described in the
Guide to Benefits and other official documents provided to you by us or on
our behalf. We may change, add or remove benefits and services at any time
and without notice to you.
Purposes for Using Your Account
You may not use this Account to make a payment on this or any other credit
account with us or our affiliates. You may not use or permit your Account to
make any illegal transaction. You will only use your Account for transactions
that are legal where you conduct them. For example, internet gambling
transactions may be illegal in your state. Display of a payment card logo by
an online merchant does not mean that an internet transaction is legal where
you conduct it. We may charge your Account for such transactions. We will
not be liable if you engage in an illegal transaction. We may deny
authorization of any transaction identified as internet gambling. You may not
use your Card, Account or Credit Device to conduct transactions in any
country or territory, or with any individual or entity that is subject to economic
sanctions administered and enforced by the U.S. Department of the Treasury’s
Office of Foreign Asset Control (OFAC). Use of your Card in those countries will
be blocked.
Persons Using Your Account
If you permit any person to use your Card, Check, Account number, or other
Credit Device giving them the authorization to obtain credit on your Account,
you will be liable for all transactions made by that person including
transactions for which you may not have intended to be liable, even if the
amount of those transactions causes a credit line to be exceeded. Authorized
users of the Account may have the same access to information about the
Account and its users as the Account holders. Notice to you shall be deemed
notice to all cardholders, including authorized users. You may allow
authorized users on your Account in the following ways: (1) by notifying us that
you want someone added to your Account as an authorized user; (2) by

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lending your card or Account number to another; or (3) by any other ways in
which you would be legally considered to have allowed another to use your
Account or to be legally prevented from denying that you did so. You must
think carefully before you allow anyone to become an authorized user. By
doing so, you authorize the person to use your Account to the same extent
you can, including but not limited to, making any Purchases, Cash Advances,
and allowing others to use your Account. Your Account does not permit you to
limit the nature or amount of authority you give any authorized user and you
will not attempt to do so. An authorized user’s authority will continue until you
both notify us that you are terminating the authority and you physically
retrieve the Card. If you cannot retrieve the Card, you remain liable for any
transactions that we cannot prevent after you notify us. We may at our sole
discretion limit the number of authorized users on your Account, and decline
to add an authorized user to your Account.
Liability for Unauthorized Use of Your Card or Account
If you notice the loss or theft of your Card or a possible unauthorized use of
your Card or Account, call us immediately toll free at 1-888-336-2559 or write
to us at Ally Credit Card, PO Box 9222, Old Bethpage, NY 11804.
We May Sell Your Account or Account Balances
We may at any time and without notice to you sell, assign or transfer your
Account, any sums due on your Account, this Agreement, or our rights or
obligations under this Agreement. The person(s) to whom we make any such
assignment shall be entitled to all of our rights and assume our obligations
under this Agreement, to the extent assigned. You may not assign your
Account or any of your rights or obligations under this Agreement.
No Waiver; Entire Agreement
Our failure to exercise any of our rights under this Agreement, our delay in
enforcing any of our rights, or our waiver of our rights on any occasion shall
not constitute a waiver of such rights on any other occasion. This Agreement,
together with all documents incorporated herein, is the entire agreement
between you and us relating to your Account. This Agreement cannot be
changed except as explained in this Agreement.
Governing Law
This Agreement and your Account, and any claim, dispute or controversy
arising from or relating to this Agreement or your Account, are governed by

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the laws of the State of Utah (without regard to any conflicts of law principles)
and applicable federal law.
Headings; Captions
Section and paragraph headings and captions used in this Agreement are for
convenience and reference purposes only, and do not limit or affect the
meaning of the provisions in this Agreement. Unless the context specifically
requires otherwise, the use of the singular in this Agreement includes the
plural (and vice versa).
Inquiries or Questions
You may address any inquiries or questions which you have about your
Account to Ally Credit Card, PO Box 9222, Old Bethpage, NY 11804, or you may
call us at 1-888-336-2559. If you contact us by telephone instead of writing,
you may lose certain rights the law gives you to dispute billing errors (see the
billing rights notice below).
Arbitration and Waiver of Jury Trial
THIS AGREEMENT PROVIDES FOR BINDING ARBITRATION AND WAIVER OF JURY
TRIAL.
BY ACCEPTING THE CARDMEMBER AGREEMENT, YOU AGREE TO THIS
ARBITRATION AND WAIVER OF JURY TRIAL (THE “ARBITRATION PROVISION”),
AND FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE
FOLLOWING RIGHTS, AS MORE FULLY DESCRIBED IN THIS ARBITRATION
PROVISION:
• (A) YOU WAIVE THE RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY

DISPUTE ALLEGED AGAINST US;

• (B) YOU WAIVE THE RIGHT TO HAVE A COURT OTHER THAN A SMALL

CLAIMS TRIBUNAL RESOLVE ANY DISPUTE AGAINST US; AND

• (C) YOU WAIVE THE RIGHT TO SERVE AS A REPRESENTATIVE, AS A

PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE

CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US.

THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF
YOUR ACCOUNT OPENING, YOU ARE A MEMBER OF THE ARMED FORCES OR A
DEPENDENT OF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE FEDERAL
MILITARY LENDING ACT.

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Accordingly, all disputes against us and/or related third parties shall be

resolved by binding arbitration only. Disputes shall be resolved on an
individual basis with you. Therefore, the arbitrator shall not have the power to
conduct class action arbitration or to consolidate claims of multiple parties;
that is, the arbitrator shall not allow you to serve as a representative, as a
private attorney general, or in any other representative capacity for others in
the arbitration.
If either you or we elect to pursue any Claim by either you or us against the
other, then the Claim shall be resolved exclusively by arbitration. Alternatively,
you or we may pursue a Claim within the jurisdiction of the small claims court
in your home jurisdiction; provided, however, that the action remains in that
court, is made on behalf of or against you only, and is not made part of a
class action, private attorney general action or other representative or
collective action.
“Arbitration” is a process in which a person with a dispute waives their rights
to file a lawsuit and proceed in court and to have a jury trial to resolve their
disputes and agrees, instead, to submit their disputes to a neutral third
person (an “arbitrator”) for decision. Each party to the dispute has an
opportunity to present evidence to the arbitrator. Pre-arbitration discovery
may be limited. Arbitration proceedings are private and less formal than
court trials. The arbitrator will issue a final and binding decision resolving the
dispute, which may be enforced as a court judgement.
For purposes of this Arbitration Provision, “Claim” means any claim, dispute or
controversy arising from or relating in any way to this Agreement or your
Account, or their establishment, or any transaction or activity on your
Account, including (without limitation) Claims based on contract, tort
(including intentional torts), fraud, agency, negligence, statutory or regulatory
provisions or any other source of law (except as otherwise specifically
provided in this Agreement). Claims regarding the applicability of this
arbitration provision or the validity of the entire Agreement, shall be resolved
exclusively by arbitration except that any challenge to the enforceability or
validity of the class action waiver above shall be decided only by a court. The
term “you” includes yourself, any authorized user on the Account, and any of
your agents, beneficiaries or assigns, or anyone acting on behalf of the
foregoing. The term “we” or “us” includes our employees, parents,
subsidiaries, affiliates, beneficiaries, agents (people who work for us but are

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not our employees, such as those who help us in originating and servicing
your Loan) and assigns, and to the extent included in a proceeding in which
we are a party, our service providers and marketing partners. You agree that
any agents retained by us, the operator of the website where you submitted
your application, and the purchaser(s) of any balances of your Account are
express third–party beneficiaries of this Arbitration Provision, and are entitled
to enforce it to the same extent if they were a party to this Agreement.
The arbitration shall be administered by the American Arbitration Association,
www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 0291 (the
“Administrator”). The Administrator provides information about arbitration, its
arbitration rules and procedures, fee schedule and claims forms at its web
site or by mail as set forth above. The Administrator will apply the rules and
procedures in effect and applicable to the claim at the time the arbitration is
filed. The Claim will be heard before a single arbitrator. The arbitration will not
be consolidated with any other arbitration proceedings. The Administrator
shall resolve each dispute in accordance with applicable law.
If you commence arbitration, you must provide us the notice required by the
Administrator’s rules and procedures. The notice may be sent to us at Ally
Credit Card, PO Box 25047, Wilmington, DE 19899. If we commence arbitration,
we will provide you notice at your last known billing address. We agree to
honor a request by you to remove the action to a small claims court;
provided, however, that we receive the request within thirty days of the notice
of commencement of arbitration. Any arbitration hearing at which you
appear will take place at a location within the federal judicial district that
includes your billing address at the time the Claim is filed.
This arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act, 9
U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a
Claim of any other person or entity shall be allowable in arbitration, without
the written consent of both you and us. In the event that there is a dispute
about whether limiting arbitration of the parties' dispute to non-class
proceedings is enforceable under applicable law, then that question shall be
resolved by litigation in a court rather than by the arbitrator; and to the extent
it is determined that resolution of a Claim shall proceed on a class basis, it
shall so proceed in a court of competent jurisdiction rather than in arbitration.

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A party can file with the Administrator a written appeal of a single arbitrator’s
award within 30 days of award issuance, requesting a new arbitration in front
of three neutral arbitrators designated by the Administrator. The panel will
reconsider all factual and legal issues, following the same rules of procedure,
and will make decisions based on majority vote. Any final arbitration award
will be binding on the named parties and enforceable by any court having
jurisdiction. Judgment upon any arbitration award may be entered in any
court having jurisdiction.
We will pay, or reimburse you for, all fees or costs to the extent required by law
or the rules of the Administrator. Whether or not required by law or such rules,
if you prevail at arbitration on any Claim against us, we will reimburse you for
any fees paid to the Administrator in connection with the arbitration
proceedings. Under no circumstances will we seek from you payment or
reimbursement of any fees that we incur in connection with arbitration. In
addition, in any arbitration that you elect to file that could be heard in Small
Claims Court in your jurisdiction, we will pay the filing fees and other
arbitration fees above the cost of filing in that Small Claims Court. If you are
required to advance any fees or costs to the arbitration Administrator, but you
ask us to do so in your stead, we will consider and respond to your request.
This arbitration agreement applies to all Claims now in existence or that may
arise in the future, and it survives the termination of this Agreement and the
Account relationship, including your payment in full, and your filing of
bankruptcy. Nothing in this Agreement shall be construed to prevent any
party’s use of (or advancement of any claims, defenses, or offsets in)
bankruptcy or repossession, replevin, judicial foreclosure or any other
prejudgment or provisional remedy relating to any collateral, security or
property interests for contractual debts now or hereafter owed by either party
to the other under this Agreement.
End of Cardmember Agreement
Your Billing Rights
Keep This Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair
Credit Billing Act.
What to Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at:

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Ally Credit Card;

PO Box 9222,
Old Bethpage, NY 11804
In your letter, give us the following information:
•
Account information: Your name and account number.
•
Dollar amount: The dollar amount of the suspected error.
•
Description of problem: If you think there is an error on your bill,
describe what you believe is wrong and why you believe it is a
mistake.

You must contact us:

•
Within 60 days after the error appeared on your statement.
•
At least 3 business days before an automated payment is
scheduled, if you want to stop payment on the amount you think is
wrong.

You must notify us of any potential errors in writing. You may call us, but if you
do we are not required to investigate any potential errors and you may have
to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we
received your letter. We will also tell you if we have already corrected
the error.
2. Within 90 days of receiving your letter, we must either correct the
error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

•
We cannot try to collect any amount in question, or report you as
delinquent on that amount.
•

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The charge in question may remain on your statement, and we may

continue to charge you interest on that amount.
•
While you do not have to pay the amount in question, you are
responsible for the remainder of your balance.
•
We can apply any unpaid amount against your credit limit.

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

•
If we made a mistake: You will not have to pay the amount in
question or any interest or other fees related to that amount.
•
If we do not believe there was a mistake: You will have to pay the
amount in question, along with applicable interest and fees. We will
send you a statement of the amount that you owe and the date
payment is due. We may then report you as delinquent if you do not
pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write
to us within 10 days telling us that you still refuse to pay. If you do so, we
cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when
the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50
of the amount you question, even if your bill is correct.
Your Rights If You Are Dissatisfied with Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased
with your credit card and you have tried in good faith to correct the problem
with the merchant, you may have the right not to pay the remaining amount
due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100
miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if

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your purchase was based on an advertisement we mailed to you, or

if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases
made with cash advances from an ATM or with a check that
accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at:
Ally Credit Card;
PO Box 9222,
Old Bethpage, NY 11804
While we investigate, the same rules apply to the disputed amount as
discussed above. After we finish our investigation, we will tell you our decision.
At that point, if we think you owe an amount and you do not pay, we may
report you as delinquent.
©2023 Ally Financial, Inc. Ally® is a registered trademark of Ally Financial, Inc.

Ally Proprietary