Toyota Rewards Visa
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Any claim, dispute or controversy between you and us (including any assignee of our rights) (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to (a) this Disclosure Statement, your Account, the advertising and disclosures used in connection with your Account, offers and services provided in connection with your Account and/or the credit offered or provided to you, or (b) the validity of this Arbitration Provision (individually and collectively, a "Claim") must, after an election by you or us, be resolved by binding arbitration in accordance with this Arbitration Provision and the rules of the Administrator in effect when the Claim is filed. This includes, without limitation, disputes concerning the validity, enforceability, arbitrability or scope of this Arbitration Provision, except: (1) only a court, and not the arbitrator, shall have authority to resolve disputes concerning the validity or enforceability of this Arbitration Provision's prohibition against resolving Claims on a class basis; and (2) we may not elect to arbitrate an individual Claim brought by you in small claims court (or the equivalent court in your state), unless that Claim is transferred, removed or appealed to a different court or you seek to assert a Claim in excess of the statutory limits of such small claims court. The party initiating the arbitration may contact JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 800-352-5267, provided that no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this Arbitration Provision. In all cases, the arbitrator must be a lawyer with at least 10 years of experience or a retired judge. If for any reason the selected Administrator cannot or will not serve, the party initiating the arbitration will have 20 days to select a new Administrator. There shall be no authority for any Claims to be litigated or arbitrated on a class action basis or for an arbitrator to hear such Claims. An arbitrator can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. Any arbitration hearing that you attend will take place at a location reasonably convenient to you. At your request, we will consider in good faith any reasonable request for us to bear the fees charged by the Administrator or arbitrator. Each party shall bear the expense of that party's attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law gives
The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act (and not by any state law concerning arbitration) and shall award such remedies, if any, that would be available in court if arbitration had not been elected. The arbitrator shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. If a class Claim is brought and the prohibition against class actions is not enforced, then this entire Arbitration Provision shall be null, void and inapplicable, subject to the right of any party to appeal the determination of invalidity of the prohibition against class actions. If any other portion of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply. In the event of any conflict or inconsistency between this Arbitration Provision, and the Administrator's rules or this Disclosure Statement, this Provision will govern. Upon the timely request of either party, the arbitrator must write a brief explanation of the basis for the award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration Provision shall survive repayment of your extension of credit, your (or our) bankruptcy and termination of your Account. This Disclosure Statement is entered in interstate commerce and this Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 through 16 and not by any state law pertaining to arbitration.
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: Toyota Financial Savings Bank Cardmember Service P.O. Box 6329, Fargo, ND 58125-6329 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 billdescribe 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:
- 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.
- Within 90 days of receiving your letter, we must either correctthe 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 the amount in question, or report you as delinquent on that amount.
- 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 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:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- 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.
- 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:
Toyota Financial Savings Bank
Cardmember Service
P.O. Box 6331, Fargo, ND 58125-6331
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.
SPECIAL RULES FOR CREDIT CARD PURCHASES DO NOT APPLY TO PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER CHECKS.