Court filing
Exhibit A to the Declaration of Brian Danitz — Bofa Ca Unemployment (Dkt. 90.5)
Filed November 15, 2021 in Bofa Ca Unemployment; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2021-11-15 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 90-5 · 2021-11-15 · Docket on CourtListener
Full text
EXHIBIT A
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EDD Debit Card
Terms and Conditions
California Employment Development Department Debit Card Account
Agreement
Effective Date March 1, 2018
By using or allowing another to use your California Employment Development Department Debit Card, you
agree to be bound by the terms and conditions of this California Employment Development Department Debit
Card Account Agreement (“this Agreement”). This Agreement discloses the terms and conditions of your
California Employment Development Department Debit Card and you are not entitled to any rights or benefits
given to deposit account customers or debit card holders at Bank of America, N.A. unless such rights or benefits
are contained in this Agreement. Please read this Agreement and the enclosed Fee Disclosure and Other
Important Disclosures ("Fee Disclosure") carefully and keep it for future reference In this Agreement:
“Account” means the account accessed by your Card; “Card” or “Government Prepaid Debit Card” means the
Government Prepaid Debit Card issued by us on behalf of California Employment Development Department
("EDD") to enable you to receive Unemployment or State Disability Insurance benefits to eligible recipients, “you”
and “your” mean the recipient to whom we issue a Card or his or her legal representative; and “we”, “us”, and
“our” mean Bank of America, N.A.
General Information.
General Account Information. Your Account is funded by the EDD with deductions for transactions and
fees as more fully described in this Agreement. No interest is paid on the balance for any period of time.
Individual Accounts Only. Each Account is individually owned by the recipient who receives payments
from the EDD. No joint ownership of an Account is permitted. You may have only one Card for each
Account.
Accounts are Not Transferable. Your Account is not transferable to any other person. We reserve the right
not to acknowledge or accept attempted pledges or assignments of, or purported security interests in, your
Account.
Business Days. For purposes of this Agreement, our business days are Monday through Friday, excluding
bank holidays.
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Deposits to Your Account and Funds Availability.
Funds Added to Your Account. Deposits to your Account may only be made by the EDD. We will add funds
to your Account only (a) in accordance with instructions from the EDD or (b) to remedy an error made by us
or by someone who has accepted your Account. For information on the amounts and scheduled dates of
additions to your Account, please contact the EDD. Once funds are properly deposited, the EDD has no
rights to any funds in your Account, except as otherwise provided by law or the rules of the network used to
make the deposit.
When Funds are Available for Withdrawal. Funds are available for your use on the day we have been
instructed by the EDD to fund your Account. Once the funds are available, you may make the transactions
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described below. Funds received by us may be delayed for a longer period if there is an emergency, such as
failure of computer or communications. We will notify you if we delay your ability to make transactions as a
result of an emergency and we will tell you when funds will be available.
Overpayments and Reversals. If funds to which you are not entitled are deposited to your Account by
mistake or otherwise, we may deduct these funds from your Account. If there are not enough funds, we
may overdraw your Account. We can do this without giving you any prior notice or demand. “Freezing”
Your Account. If we suspect irregular, unauthorized, or unlawful activities may be involved with your
Account, we may “freeze” (or place a hold on) the balance pending an investigation of such suspected
activities. If we freeze your Account, we will give you a notice required by law.
Transfer Types and Limitations.
Account Access. You may use your Card to:
(1) Pay for purchases at places that have agreed to accept the Card as described below.
(2) Withdraw cash from your Account including by way of Emergency Cash Transfers as described below.
(3) Transfer funds from your Account to a checking or savings account owned by you in the United States
whenever you request as described below.
(4) Pay bills directly [by telephone] from your Account in the amounts and on the days you request
Some of these services may not be available at all terminals.
Purchases. Your Card bears the Visa® symbol on the front face. Your Card may be used for purchases at
merchants who accept Visa debit cards at a point-of-sale ("POS") terminal. Visa transactions may be made
by presenting your Card and signing the receipt. You may also use your Card for purchases at POS terminals
that require a Personal Identification Number ("PIN"). Some merchants will accept a transaction for an
amount greater than the goods or services purchased and will refund the difference to you in cash.
Use at Cirrus® or Visa Automated Teller Machines. Your Card may be used for transactions at Cirrus or
Visa Automated Teller Machines ("ATMs") to make cash withdrawals or balance inquiries requiring a PIN. See
the Fee Disclosure for fees which may apply to ATM transactions. Most ATMs require that cash withdrawals
be made in multiples of a dollar amount (e.g. $10 or $20). In addition, some ATM operators have maximum
amounts that may be withdrawn at a machine in one transaction. Many merchants limit the amount of cash
that may be obtained in connection with a purchase transaction.
Obtaining Cash. Offices of financial institutions that accept Visa cards, including Bank of America banking
centers, will accept your Card for obtaining cash.
Online Funds Transfer. Your Card can be used to transfer funds online to a checking or savings account
owned by you in the United States, subject to certain restrictions. This type of transfer may only be
requested online via the Internet at www.bankofamerica.com/eddcard. Once funds are transferred, you will
not be able to have the funds returned to your Account if the routing number or account number you
provide for your checking or savings account is not correct.
Emergency Cash Transfers. You may obtain cash at a Western Union location in the United States
(“Emergency Cash Transfer”). All Emergency Cash Transfer requests must be initiated through the Bank of
America California Employment Development Department Debit Card Service Center (the "Service Center").
All requests for Emergency Cash Transfers are subject to the Emergency Cash Transfer Fees stated in the
Fee Disclosure. All requests for Emergency Cash Transfers are subject to Western Union guidelines which
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could vary by state and could include certain dollar limits, identification requirements and other restrictions.
If you request an Emergency Cash Transfer, you agree that we have no liability for any losses or damages
that you may suffer arising out of any action, non-action or delayed action on the part of Western Union or
its agents or any other third party.
Limitations on Frequency of Transfers. You may withdraw up to $1,000 from any ATM each 24-hour
period using the Card. For security reasons, there may be limits on the amount, number or type of
transactions that you can make using your Card, and we may restrict access to your Card if we notice
suspicious activity.
Additional Account Agreements.
Account Alert Service. You may sign up online for text or email alerts (the “Account Alert Service”) to the
mobile device or email address provided by you. Text or email alerts are dependent upon users providing a
valid and current Internet email address or valid mobile device phone number. You can set up alert
messaging options online at www.bankofamerica.com/eddcard. After signing up for the Account Alert
Service, you must respond with an appropriate code to an alert sent to your mobile device (double opt-in) in
order to begin receiving text message alerts. If you do not respond with the code provided in the alert, the
Account Alert Service is not authorized. Each message references the last four digits of the Card for which
the alert is sent. To change your alert messaging options or to discontinue the Service, go to
www.bankofamerica.com/eddcard.
If you sign up for the Account Alert Service, you agree that we may send you text alerts through your
wireless service provider. We do not charge for the Account Alert Service, but you are responsible for all
charges and fees associated with usage of email or text messages imposed by your Internet, wireless, or
cellular service provider(s).
Depending on the timing and the delivery mechanism, your balance may not reflect your most recent
transactions. We assume no responsibility for transactions that may affect your balance after daily
processing.
You understand and agree that the information provided to you by email or text alert is provided "as is"
without warranty of any kind, either expressed or implied, and that we assume no responsibility for the
timeliness, deletion, misdelivery, errors in the content of any email or text alerts or failure to store any user
communications or personalization settings. In no event shall we be liable for any special, incidental,
indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data
or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of
or in connection with the use or provision of this information.
The Account Alert Service can be terminated if we determine that your mobile device or email address does
not support delivery of alerts, or if you have de-listed your mobile device or email address. In addition, we
reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently,
the Account Alert Service (or any part thereof) with or without notice.
Refunds and Merchant Disputes. You do not receive cash refunds for returns of merchandise or services
purchased using your Card. When a merchant gives you a refund, it is made on a credit voucher and will
appear in your next monthly Account statement or in your Account history. You must settle any disputes
you have about the goods or services directly with the merchant. We are not liable for any
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misrepresentations that a merchant makes about the goods or services you purchase with your Card, or if a
merchant for any reason refuses to accept your Card or fails to abide by the applicable network rules
governing your Card.
Legal Transactions. You agree that you will only use your Card for transactions that are legal. For example,
Internet gambling transactions may be illegal in your state. Display of a Visa or other logo by an on-line
merchant does not mean that the transaction is legal where you conduct it. You agree that we may decline
transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if
we do not decline the transaction, we may charge your Account and we are not liable to you if you engage
in an illegal transaction.
ATM Safety. Please refer to the safety tips for using your Card at ATMs found on the mailer that came with
your Card.
Your Responsibility for Authorized Card Account Use and Negative Balances.
Use of Your Card and PIN. Your Card and PIN are provided for your use and protection and you will:
(a) Not disclose your PIN or record it on your Card or otherwise make it available to anyone else;
(b) Use your Card, your PIN and any ATM only as instructed;
(c) Promptly notify us of any loss or theft of your Card or PIN; and
(d) Be liable for the authorized or permitted use of your Card and PIN.
Authorized Use of Card. If you authorize someone else to use your Card or PIN, you will be responsible for
any transactions initiated by such person(s) with your Card or PIN. Transactions will be considered
unauthorized only after you notify us that the person is no longer authorized to use your Card.
Negative Balances. The amount available on your Card will be reduced by the amount of your
transactions plus applicable fees. There is no overdraft/credit feature on your Account. However, if a
negative balance does occur in your Account, you agree (a) that we may take the amount of the negative
balance from subsequent additions to your Account or (b) to pay us on demand the amount of the negative
balance
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Bank Fees.
Fee Disclosure. Bank fees associated with your Card are listed in the Fee Disclosure. These fees are
imposed by us and retained by us. When you use an ATM not owned by us, you may be charged a fee by the
ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not
complete a fund transfer).
Payment of Fees by You. You agree to pay all fees listed in the Fee Disclosure. Fees will be taken from the
balance of your Account as they occur. The EDD may not charge you any fees in connection with your Card
or your Account.
Foreign Transactions/Fees. If you use your Card to purchase goods or services in a foreign currency or in
US dollars with a foreign merchant or to obtain currency from an ATM or an office of a financial institution
in a foreign country (a “Foreign Transaction”), we will assess an International Transaction Fee. Please note
that Foreign Transactions include U.S. internet transactions made in the U.S. but with a foreign merchant. If
the Foreign Transaction is made in U.S. dollars, the International Transaction Fee will be the percentage of
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that U.S. dollar amount as disclosed in the Fee Disclosure. If the Foreign Transaction is made in a foreign
currency, Visa or Mastercard will convert the transaction into a U.S. dollar amount, and the International
Transaction Fee will be the percentage of that converted U.S. dollar amount as disclosed in the Fee
Disclosure. Any International Transaction Fee will be shown in the transaction section of your monthly
Account statement or in your Account history. The currency conversion rate used by Visa will be either (1) a
rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central
processing date, which rate may differ from the rate Visa receives, or (2) a government-mandated rate in
effect for the central processing date. The currency conversion rate used by Mastercard will be either (1) a
wholesale market rate selected by Mastercard, or (2) a government-mandated rate. The rate used by Visa or
Mastercard on the processing date may differ from the rate on the date of your transaction.
Right to Receive Documentation of Transactions
a. Terminal Receipts. You usually can get a receipt at the time you make any transaction with your Card at
an ATM, teller or POS; except that you may not get a receipt if the amount of the transaction is $15 or less.
ATM receipts are not final because each transaction is subject to verification by us. If the receipt and our
records conflict, our records will govern.
b. Preauthorized Credits. You can call us at 1.866.692.9374, 1.866.656.5913 TTY, or 423.262.1650 (Collect,
when calling outside the U.S.), to find out whether or not a direct deposit has been made.
c. Delivery of Statements and Notices. If you request to receive your monthly Account statement by mail,
we will deliver it to the last address we have on our records for you. [See the Fee Disclosure for the fee for
receiving monthly Account statements by mail.] You agree to notify us promptly, in writing, at the address
listed in Section 11 below, of any change of address or you may change your address online at
www.bankofamerica.com/eddcard. If you receive your monthly Account statement by mail, you may request
that rather than receiving it by mail, you may review it electronically. If you wish to do so, you may make this
request online at www.bankofamerica.com/eddcard or you may contact the Service Center at the address
or phone number below.
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL
Access to Your Account Information. You may obtain information about the amount of money you have
remaining in your Account by calling 1.866.692.9374, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when
calling outside the U.S.). That information is also available when you make a balance inquiry at an ATM. This
information, along with a 12-month history of Account transactions, is also available online at
www.bankofamerica.com/eddcard.
You also have the right to obtain a 24-month written history of Account transactions by calling
1.866.692.9374., 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.), or writing to
us at: Bank of America, P.O. Box 8488 , Gray, TN 37615-8488. You will not be charged a fee for this
information unless you request it more than once per month.
Prompt Review of Account Information. You agree to promptly review your Account information and to
notify the Service Center at the address or phone number above at once if any Account information shows
transactions that you did not make or authorize. Section 11 below has more specific information about
disputing transactions, fees, or errors.
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CARDHOLDERS WHO RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL Monthly Card Account
Statements. Upon your request, we will provide you with an Account statement monthly for every month
in which your Account is open. The statement will include information about the transactions you made,
deposits, fees and adjustments to your Account. A fee may apply to receive a monthly paper statement. For
more information see the Fee Disclosure.
Prompt Review of Statements. You agree to promptly review your monthly Account statements and to
notify the Service Center at the address or phone number above at once if any statement shows
transactions that you did not make or authorize. Section 11 below has more specific information about
disputing transactions, fees, or errors shown on your monthly Account statement.
Claims by Third Parties Against Your Account.
Claims or Disputes by Third Parties Concerning Your Account. If a third party makes a claim against
funds in your Account, or if we have reason to believe there is or may be a dispute over matters such as the
ownership of your Account or the authority to withdraw funds, we may, in our sole discretion and in
accordance with applicable state or federal law (a) continue to rely on current enrollment forms or other
Account documents, (b) honor the competing claim upon receipt of evidence we deem satisfactory to justify
such action, (c) freeze all or part of the funds until the dispute is resolved to our satisfaction, or (d) pay the
funds into an appropriate court of law for resolution.
Liens and Attachments. Following receipt by us of any notice of lien, process in attachment, garnishment
or other proceeding relating to you or your Account, we are authorized, without notice to you, unless
otherwise required by law, to withhold transfer of so much of the balance of your Account as may be the
subject of such notice or process, and to pay such amount to the court or creditor, in accordance with
applicable state or federal law without responsibility to you for such withholding or payment or for refusal
to honor transfers made by you.
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Bank of America’s “Zero Liability” Policy for Unauthorized Transactions. Federal law (described in the
section below entitled “Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or
Unauthorized Transactions ") may limit your liability for unauthorized transactions on your Account, but you
may still be liable in some circumstances. Under the Bank of America “zero liability” policy, you may incur no
liability for unauthorized use of your Card up to the amount of the unauthorized transaction, provided you
notify us within a reasonable time of the loss or theft of your Card, Card number or PIN or its unauthorized
use, subject to the following terms and conditions:
Excluded transactions. Our zero liability policy does not apply to any unauthorized electronic fund transfer
on an account which does not involve use of a Card or Card number.
“Unauthorized” defined. A transaction is considered “unauthorized” if it is initiated by someone other than
you (the cardholder) without your actual or apparent authority, and you receive no benefit from the
transaction. A transaction is not considered “unauthorized” if 1) you furnish your Card, Card number or
other identifying information to another person and expressly or implicitly give that individual authority to
perform one or more transactions, and the person then exceeds that authority, or 2) for any other reason
we conclude that the facts and circumstances do not reasonably support a claim of unauthorized use.
“Reasonable” time defined. Reasonable time will be determined in our sole discretion based on the
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circumstances but will not be less than the time frames specified under the Electronic Fund Transfer Act or
Regulation E (see Section 10 below).
Other considerations. We may ask you for a written statement, affidavit or other information necessary to
support your claim. If you do not provide the requested materials within the time requested or within a
reasonable time if no date is stated, and we have no knowledge of the facts or other documentation to
further investigate or confirm your claim, our zero liability policy may not apply.
Limitation of our Liability. Our liability under this policy is limited to reimbursing you for the amount of
your loss up to the face amount of any unauthorized card transaction covered by this policy. We are not
liable for any claims, losses or damages that arise out of your misuse of the Card. We are not liable for any
claims of special, indirect or consequential damages.
Your Rights under Regulation E. If your claim does not meet the prescribed conditions for reimbursement
under the above policy, you still retain any consumer rights you may have under Regulation E, as described
in Sections 10 and 11 below, and we will automatically re-examine the claim in accordance with those rights.
Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or Unauthorized Transactions.
Contact Us Promptly. Please contact us at the numbers listed below AT ONCE if you believe your Card has
been lost or stolen, or if you believe that someone may use or has used your PIN assigned to your Card
without your permission. Telephoning is the best way of keeping your possible losses down. You could lose
all the money in your Account. If you tell us within two business days after you learn of the loss or theft, you
can lose no more than $50 for an unauthorized transaction or a series of related unauthorized transfers
should someone use your Card or PIN.
If you do NOT tell us within two business days after you learn of the loss or theft of your Card or PIN and we
can prove we could have stopped someone from using your Card or PIN without your permission if you had
told us, you could lose as much as $500.
Also, if your monthly Account statement or your Account history shows transfers that you did not make,
including those made by your Card, Card number, PIN or other means, tell us at once. If you receive a
monthly Account statement and you do not tell us within 60 days after the statement was mailed to you,
you may not get back any money you lost after the 60 days if we can prove that we could have stopped
someone from taking the money if you had contacted us on time. If a good reason (such as a long trip or a
hospital stay) kept you from telling us, we will extend the time periods.
If you do not receive a monthly Account statement and do not tell us within 60 days after the earlier of the
date you electronically access your Account if the error could be viewed in your electronic history or the
date we sent the FIRST written history on which the error appeared (but in any event within 120 days after
the transaction allegedly in error was credited or debited to your Account), you may not get back any money
you lost after the applicable 60 or 120 day period if we can prove that we could have stopped someone
from taking the money if you had contacted us on time. If a good reason (such as a long trip or hospital
stay) keeps you from notifying us, we will extend the time periods.
If you believe your Card has been lost or stolen, call us at 1.866.692.9374, 1.866.656.5913 TTY, or
423.262.1650 (Collect, when calling outside the U.S.) or write to: Bank of America, P.O. Box 8488, Gray, TN
37615-8488.
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NOTE: These liability rules are established by Regulation E which covers accounts that involve the use of a
Card. Our zero liability policy, as described in Section 9 above, regarding unauthorized transactions may give
you more protection, provided you report the transactions promptly. You should also note that when you
give someone your Card or PIN, you are authorizing that person to use your Card and you are responsible
for all transactions that person performs with your Card or PIN. These transactions are authorized
transactions. Transactions are considered unauthorized only after you notify us that the person is no longer
authorized. Remember, do not write your PIN on your Card or carry your PIN with you. This reduces the
possibility of someone using your Card without your permission if it is lost or stolen.
Error Resolution.
In Case of Errors or Questions About Your Transactions:
Telephone us at: 1.866.692.9374
1.866.656.5913 TTY
423.262.1650 (Collect, when calling outside the U.S.)
Or write to:
Bank of America
P.O. Box 8488
Gray, TN 37615-8488
CARDHOLDERS WHO RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL
Call or write as soon as you can if you think your monthly Account statement or receipt is wrong or if you
need more information about a transaction listed on the statement or receipt. We must hear from you no
later than 60 days after we sent the FIRST statement on which the problem or error appeared. You will need
to tell us:
(a) Your name and Card Account number.
(b) Why you believe there is an error, and the dollar amount involved.
(c) Approximately when the error took place.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business
days.
CARDHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL
Call or write as soon as you can if you think an error has occurred in your Account. We must allow you to
report an error until 60 days after the earlier of the date you electronically access your Account, if the error
could be viewed in your electronic history, or the date we sent the FIRST written history on which the error
appeared; but in any event you must report the error no more than 120 days after the transaction allegedly
in error was credited or debited to your Account. You may request a written history of your transactions at
any time by calling or writing to us at the numbers and address listed above. You will need to tell us:
(1) Your name and Card Account number.
(2) Why you believe there is an error, and the dollar amount involved.
(3) Approximately when the error took place.
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If you tell us orally, we may require that you send us your complaint or question in writing within 10
business days.
WHEN YOU WILL HEAR FROM US
We will determine whether an error occurred within 10 business days after we hear from you—and will
correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your
complaint or question. If we decide to do this, we will credit your Account within 10 business days for the
amount you think is in error, so that you will have the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10
business days, we may not credit your Account.
For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to 90 days to
investigate your complaint or question. For new accounts, we may take up to 20 business days to credit
your Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that
there was no error, we will send you a written explanation. You may ask for copies of the documents that
we used in our investigation. If you need more information about our error-resolution procedures, call or
write to us using the contact information listed above.
Our liability for failure to complete transactions.
If we do not complete a transfer to or from your Account on time or in the correct amount according to this
Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not
be liable, for instance:
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If, through no fault of ours, you do not have enough available money in your Account to make the
transaction;
If the ATM where you are making the transaction does not have enough cash;
If the ATM, terminal or system was not working properly and you knew about the breakdown when you
started the transaction;
If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent
the transaction, despite reasonable precautions that we have taken;
If your Card or PIN has been reported to be, or suspected of being, lost or stolen, and we have taken
action to prevent transactions with the Card or PIN;
If your Account is subject to some legal process, right of setoff or encumbrance restricting the
transaction, or if the funds in your Account are not immediately available for completing a transaction.
Preauthorized Transactions.
Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular
payments out of your Account, you can stop any of these payments. Here’s how:
Call us at 1.866.692.9374, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.), or
write us at: Bank of America, P.O. Box 8488, Gray, TN 37615-8488, in time for us to receive your request
three business days or more before the payment is scheduled to be made. If you call, we may also require
you to put your request in writing and get it to us within 14 days after you call.
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Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to
pay will tell you, 10 days before each payment, when it will be made and how much it will be.
Our Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these
payments three business days or more before the transfer is scheduled, and we do not do so, we will be
liable for your losses or damages.
Privacy
As part of establishing your Account, you will receive with your Card a copy of the Prepaid Card Privacy
Notice which generally addresses our policy for handling and disclosing information for your Card. You may
view our Prepaid Card Privacy Notice at www.bankofamerica.com/prepaidprivacy. With respect to any
information we collect from you as a result of your Card, we will only share such information related to your
Account, from time to time, subject to any applicable financial privacy laws or other laws or regulations, (a)
where it is necessary for completing transactions; (b) in response to any subpoena, summons, court or
administrative order, or other legal process which we believe requires our compliance; (c) in connection
with collection of indebtedness or to report losses incurred by us; (d) in compliance with any agreement
between us and a professional, regulatory or disciplinary body; (e) in connection with potential sales of
businesses; (f) to service providers who help us meet your needs by assisting us in providing the services
under this Agreement; or (g) If you give us your written permission.
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Recording and Monitoring Telephone Calls.
We may record or monitor telephone calls between you and us. We need not remind you of our recording
or monitoring before each call unless required to do so by law.
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Amendment/Termination.
Amendments. We may, at any time, change the terms and conditions in this Agreement, including the
amount of any fee. We may add new terms and conditions and we may delete or amend existing terms and
conditions. We generally send you at least 21 days' advance notice of an adverse change, including
increased fees to you, increased liability for you, fewer types of available electronic fund transfers, or
stricter limitations on the frequency or dollar amount of transfers. If a change is not adverse to you,
however, we may make the change at any time without advance notice. If you do not agree with the change,
you may close your Account. However, if you continue to use your Account or keep it open, you accept and
agree to the change.
Our Closure or Suspension of Your Account. We may close or suspend your Account at any time. Your
Card remains our property. We may cancel your right to use your Card at any time. Once your Account has
been closed, you agree to discontinue using your Card. If we close your Account, we may, at our option,
apply the remaining balance to a new account for your benefit. If you have not spent the remaining balance
prior to Account closure, you may contact the Service Center to request a check for the remaining balance,
less the Paper Check Fee.
Your Closure of Your Account. If, at the time you close your Account, all transactions have cleared and
there is no remaining balance, your Account will be closed to further use. If there is a remaining balance,
you may use your Card to reduce the balance to zero before closing your Account. Alternatively, you can
contact the Service Center to request a check for the remaining balance of your Account, less the Paper
Check Fee, or request an Emergency Cash Transfer. You understand that you are responsible for negative
balances that occur after your notice of closure to the same extent as provided in this Agreement for an
open Account. You agree to destroy your Card after your Account is closed.
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EXHIBIT A
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Unclaimed Property.
Any remaining unclaimed balance will be reported and remitted as unclaimed property to the appropriate
state as required by state law after a period of time defined by that state’s law. After we turn the funds over
to the state, we have no further liability to you for the funds and you must apply to the appropriate state
agency to reclaim your funds.
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Governing Law/Severability.
This Agreement will be governed by the laws and regulations of the United States and, to the extent not so
covered, by the laws and regulations of the State of California. A determination that any part of this
Agreement is invalid or unenforceable will not affect the remainder of this Agreement.
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English Document Controlling.
As a service that we may provide to you at your request, we may communicate certain information to you in
Spanish. Any legal clarifications which may need to be made will be based on the use and application of the
English versions, including but not limited to this Agreement and the Fee Disclosure.
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Fee Disclosure and Other Important Disclosures.
A copy of our Fee Disclosure and Other Important Disclosures is included with, and incorporated in, this
Agreement.
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EXHIBIT A
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