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Click here or scroll down to respond to this candidateTNIOEPHONE NUMBER AVAILABLE Page 1 of 9SPEEDY CASH LINE OF CREDIT DISCLOSURE, AND ACCOUNT AGREEMENTBorrower: Licensee:Line of Credit Plan Establishment Date: Credit Limit: Account Number: Interest Rate and Interest ChargesCandidate's Name
The Candidate's Name .Paying Interest You will be charged periodic interest and the Customary Fee from the date of each transaction. FeesAnnual Fee NonePenalty Fees NoneHow We Will Calculate Your Balance: We use a method called daily principal balance (including current transactions). See your account agreement below for more details.Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided below in your account agreement. ACCOUNT AGREEMENTThis Line of Credit Disclosure, and Account Agreement (Agreement) is our contract with you. Please read it carefully. By signing this Agreement and/or accepting a cash advance (Cash Advance) from us, you are agreeing to all of the terms and conditions in this Agreement.Definitions. In this Agreement, the words "you" and "your" mean the person who signs this Agreement. The words "we," "us," and "our" mean the licensee identified on the upper right side of this Agreement, doing business as Speedy Cash (Speedy Cash). The word Account means the line of credit established and governed by this Agreement and offered pursuant to the Flexible Credit Act (Tenn. Code Ann. 45-12-101, et seq.). Complaints. Should you wish to file a complaint regarding this Account, you may contact the Tennessee Department of Financial Institutions by phone at 1-800-778-4215 or in writing at Department of Financial Institutions, 312 Rosa L. Parks Avenue, Nashville, TN 37243. Promise To Pay. You promise to pay to us all Cash Advances, interest, fees and all other amounts owing to us in accordance with this Agreement. Account. Your Account is an open end line of credit in the amount of your Credit Limit. You agree to use your Account only to obtain Cash Advances from time to time in accordance with the terms of this Agreement. Requesting Cash Advances. You may request Cash Advances from your Account, up to the Credit Limit at any Speedy Cash location, provided that no portion of any Minimum Payment Due is past due. We may require you to show proof of identification in order to obtain a Cash Advance, and you must sign a Request for Cash Advance form each time you request a Cash Advance. 27 Oct 202227 Oct 2022JOEL WELLES183 W NEW AVMONTEREY TN 38574PHONE NUMBER AVAILABLE3615 N. RIDGE ROADWICHITA, KS 67205CONCORD FINANCE, INC.$445.00279.40%TNIOEPHONE NUMBER AVAILABLE Page 2 of 9Credit Limit. You may obtain total Cash Advances on your Account only up to the amount of your current Credit Limit. Your initial Credit Limit is stated above. We may reduce your Credit Limit at any time and for any reason in our sole discretion, including reducing the Credit Limit to zero. If we reduce your Credit Limit, we will provide you with notice, but the effective date of the reduction may be prior to your receipt of the notice. Any Cash Advances will reduce the amount of your Credit Limit available to you at a given time. Right to Rescind. Pursuant to Tenn. Code Ann. 45-12-112, you have the right to rescind any requested Cash Advance within one business day after the date the Cash Advance is made. To exercise this right, you must notify us in writing at our address listed above of your desire to rescind and return the proceeds of the Cash Advance. We must receive such notice along with any proceeds before the close of business on the business day immediately following the date the Cash Advance is made. Interest and Customary Fee. We will charge simple interest on the daily principal balance of your Account at the rate of 24% per annum (Periodic Interest Rate) based on a 365 day year. You will also be charged a customary fee at the rate of per day of the daily principal balance of your Account each billing cycle (Customary Fee). The Customary Fee covers our costs associated with underwriting and documenting the Account, securing and maintaining Account information, validating your information, offering electronic and phone access to the Account, processing Account transactions, responding to inquiries, providing periodic billing statements, and all other services or activities we conduct under this Agreement. The Customary Fee is not interest for purposes of Tennessee law. However, the Customary Fee is disclosed as Interest for federal disclosure purposes above and on your periodic statement because it is calculated by applying a periodic rate to the daily principal balance. The combined Periodic Interest Rate and Customary Fee rate is equivalent to an ANNUAL PERCENTAGE RATE of . How We Will Calculate Your Balance. We calculate the finance charges on your Account by applying the Periodic Interest Rate and Customary Fee rate to the "daily principal balance" of your Account (including current transactions) for the number of days in the billing cycle. To get the "daily principal balance" we take the outstanding principal balance of your Account each day and add any new Cash Advances and subtract any payments. This gives us the daily principal balance. Though the finance charges are calculated based on the daily principal balance in no event will the finance charges exceed the maximum statutory amounts based on the average daily principal balance. Billing Cycle. Your billing cycle will generally be based on when you receive your income. Note that the initial billing cycle may be different than the regular billing cycle. The initial billing cycle may be from the date of this Agreement until your next scheduled date to receive income that is at least 16 days from origination.Periodic Billing Statements. We will mail or deliver to you a periodic billing statement at the end of each billing cycle. The periodic billing statement will show your Account balance at the beginning of the billing cycle, your Minimum Payment Due and other Account information. Unless you notify us of a billing error as provided below, you accept your periodic billing statement as an accurate statement of your Account. Minimum Payment Due. Each billing cycle you agree to pay us in cash, debit card, voluntary electronic funds transfer, or any other method we may allow, at least the Minimum Payment Due shown on your periodic billing statement by the indicated due date ("Payment Due Date"). Your Minimum Payment Due will be calculated to include all interest accrued and unpaid as of the last day of the most recent billing cycle (Closing Date), plus any other fees, including customary fees, incurred and outstanding as of the Closing Date, plus an amount equal to of the principal balance outstanding as of the Closing Date, or, whichever is greater. You may pay more frequently, pay more than the Minimum Payment Due, or pay your Account balance in part or in full at any time without a penalty. If you make extra payments or larger payments in any billing cycle, you will still be required to make at least the Minimum Payment Due each billing cycle, unless you have paid your entire Account balance in full. If you make only the Minimum Payment Due each billing cycle, you will pay more in interest and it will take longer to pay off your balance.Security. None. There is no collateral for this loan. Right to Request Income Information and Duty to Inform About Change in Circumstances. You agree we have the right to demand proof of your current income from time to time. You understand and acknowledge that your Credit Limit may be affected by the current income information. You agree to immediately inform us of any significant change in circumstances regarding your income. Application of Payments. We will apply payments we receive in the following order: (1) unpaid costs, expenses and charges (other than finance charges) which you have agree to pay us pursuant to this Agreement; (2) finance charges then due and payable; (3) outstanding principal; and (4) accrued finance charges not yet payable. Payments made in addition to regularly-scheduled payments will be applied in the same order. Voluntary Authorizations: As indicated by your signature on the accompanying Optional Loan Payment Authorization, you authorize and direct us to process your loan proceeds and payments electronically as Electronic Funds Transfers and if you provide us with a Card or a Bank Account (as those terms are defined in the accompanying Optional Loan Payment Authorization), you agree to the Authorizations as set forth therein. 2.00%$2.500.699726279.40%TNIOEPHONE NUMBER AVAILABLE Page 3 of 9Additional Representations and Warranties. You represent and warrant that: (a) you have the right to enter into this Agreement; (b) you are at least 18 years of age; and (c) you will notify us immediately in writing of any change of your address or telephone number. Default and Cure. We may declare you to be in default under this Agreement: (a) if we fail to receive a Minimum Payment Due on or before the applicable Payment Due Date; (b) if you fail to timely comply with or perform any other obligation under this Agreement; (c) if any representation or warranty made by you to us is false or misleading; (d) if you begin, or if any other person puts you in, a bankruptcy, insolvency or receivership proceeding; or (e) if you or any co-borrower dies. You may pay all past due amounts and fees, or pay your balance in full. Our Rights in the Event of Default. If we declare you to be default under this Agreement, we may, at our option and as permitted by law do any one or more of the following: (a) close your Account or lower your Credit Limit; (b) exercise all other rights, powers, and remedies given by law; (c) recover from you all charges, costs and expenses, including all collection costs, court costs, and reasonable attorneys fees incurred or paid by us in exercising any right, power or remedy provided by law or this Agreement. We may charge and collect interest following default or judgment in our favor at a maximum rate of 24% per annum.Cancellation. You may cancel your Account at any time by notifying us in writing that you wish for your Account to be closed and by paying us the entire outstanding Account Balance in full. We may cancel your Account or suspend making future Cash Advances on your Account at any time and in our sole discretion as allowed by law, provided that if such cancellation or suspension is made pursuant to this paragraph and so long as you are not in default of this Agreement, you will be allowed to repay any remaining balance over a period of at least six (6) months or as otherwise allowed by law.Credit Reporting. You agree that we may make inquiries concerning your credit history and standing and obtain credit reports on you for as long as your Account with us remains outstanding. We may report information about your Account with us to credit bureaus. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. If you believe that any information about your Account that we have furnished to a consumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with your Account with us, write to us at P.O. Box 782260, attention General Counsel, Wichita, KS 67278. In your letter (i) provide your name and Account number, (ii) identify the specific information that is being disputed, (iii) explain the basis for the dispute, and (iv) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report.Notice of Furnishing Negative Information. We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Amendments. You agree that we may change any of the terms of this Agreement, including the amount and method of computing the Periodic Interest Rate, the Customary Fee, and the Credit Limit, at any time. We will provide you with 45 days prior notice of such changes as and when required by law. If we notify you of changes to this Agreement and you do not agree with these changes, you must notify us of your decision to opt- out of the changes in writing within 45 days of the date we give you notice of the changes. If you opt-out, we will automatically close your Account, and you will be permitted to pay any remaining balance on your Account under the terms of the version of this Agreement in effect prior to the changes.General. You agree that if we grant any waiver, modification or other indulgence of any kind at any time, it shall apply only to the specific instance involved and will not act as a waiver, modification or indulgence for any other or future act, event or condition. We may delay enforcing any of our rights under this Agreement without losing them. Time is of the essence of this Agreement. This Agreement constitutes the entire Agreement between the parties and no other agreements, representations or warranties other than those stated herein shall be binding unless reduced in writing and signed by all parties. You may not assign this Agreement without our prior written consent. We may assign this Agreement without your consent. Except for any provision in the Agreements for Resolving Disputes, if any provision in this Agreement is determined by a court or arbitrator to be unenforceable, all other provisions will remain in full force and effect. Bankruptcy: You represent that you are not currently a debtor in any bankruptcy proceeding and that you have no intention of filing bankruptcy under any chapter of the US Bankruptcy code during the term of this transaction or within 90 days following the completion of this transaction. Any notice(s) of any future bankruptcy petition and all subsequent filings, motions, orders or correspondence shall be mailed or sent by express courier to: Speedy Cash Customer Service, Attn: Bankruptcy Department, PO Box 782260, Wichita, Kansas 67278. You agree any written or oral communication concerning a bankruptcy with the lenders local office, identified above, is null and void and of no effect. Notices. We meet all requirements for sending you a notice of any kind if we send it to you by means of the United States mail at the most recent address you have given us.TNIOEPHONE NUMBER AVAILABLE Page 4 of 9Telephone Calls Monitoring. You agree that if you are past due or in default, you will accept calls from us or a third party we have contracted with regarding the collection of your Account. If wireless or cellular telephone numbers are associated with your Account, you agree that we may place calls to those numbers which may result in charges from your wireless or cellular carrier. You understand these calls could be automatically dialed and a recorded message may be played. You agree such calls will not be unsolicited calls for purposes of state and federal law. You also agree that, from time to time, we may monitor telephone conversations between you and us to assure the quality of our customer service. Authorization for Autodialed Calls, Text Messages, Prerecorded Messages and Emails. You authorize us and our agents, representatives and servicers (collectively, the Messaging Parties) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Agreement, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the servicing and/or collection of amounts you owe or any other matter. You agree that such calls and messages will not be unsolicited for purposes of state and federal law. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the Messaging Parties at 800-856-2911. To stop text messages, you can also simply reply STOP to any text message the Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties' emails. Limitation on Damages. In the event of any dispute, claim or other controversy relating to this Agreement or any partys actions or inactions relating in any respect to this Agreement, and whether the underlying dispute, claim or controversy is based on contract law, tort law or any other law or theory of liability, you and we agree that, to the maximum extent permitted by law, neither you nor we shall be entitled to recover punitive damages.Agreements for Resolving Disputes; Governing Law: You agree to the Agreements for Resolving Disputes set forth below. Except as otherwise provided in the Agreements for Resolving Disputes below, this Agreement will be governed by the laws of the State of Tennessee. If any part of this Agreement is found to be unenforceable, that part will be deemed severed from the Agreement, and the remaining provisions will be enforced to the fullest extent allowed by law.AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS The Pre-Dispute Resolution Procedure, Arbitration Provision and Jury Trial Waiver set forth below govern "Claims" you assert against us or any "related party" of ours and "Claims" we or any related party assert against you. For purposes of this Agreement, our "related parties" include all parent companies, subsidiaries and affiliates of ours (including Ad Astra Recovery Services, Inc.), and our and their employees, directors, officers, shareholders, governors, managers and members, and successors and assigns. Our "related parties" also include third parties that you bring a Claim against at the same time you bring a Claim against us or any other related party. All of the foregoing, including related parties, are collectively referred to herein as we,us, or our.The term "Claim" means any past, present or future claim, dispute or controversy between you and us (or our related parties) that arises from or relates in any way to this Agreement or any services you request or we provide under this Agreement ("Services"); any of our or our related parties marketing, advertising, solicitations and conduct relating to your request for Services; our or our related parties collection of any amounts you owe; or our or our related parties disclosure of or failure to protect any information about you."Claim" is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, torts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. TNIOEPHONE NUMBER AVAILABLE Page 5 of 9Notwithstanding the foregoing, "Claim" does not include any individual action brought by you or us in small claims court or General Sessions Court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, "Claim" does not include disputes about the validity, enforceability, coverage or scope of the Arbitration Provision or any part thereof (including, without limitation, Sections 5(C), (D) and/or (E) of the Arbitration Provision (the"Class Action and Multi-Party Claim Waiver"), Sections 10(A) and 10(B) of the Arbitration Provision and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. "Claim" also does not include any "self-help remedy" (that is, any steps taken to enforce rights without a determination by a court or arbitrator, for example, repossession and/or re-titling of a motor vehicle) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind."Proceeding" means any judicial or arbitration proceeding regarding any Claim. "Complaining Party" means the party who threatens or asserts a Claim in any Proceeding and "Defending Party" means the party who is a subject of any threatened or actual Claim."Claim Notice" means written notice of a Claim from a Complaining Party to a Defending Party. PRE-DISPUTE RESOLUTION PROCEDUREBefore a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class), the Complaining Party shall give the Defending Party: (1) a Claim Notice providing at least 30 days' written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send the Claim Notice to Speedy Cash, Attn: Legal Department, PO Box 782260, Wichita, Kansas 67278 (or such other address as we shall subsequently provide to you). If you are the Defending Party, we will send the Claim Notice to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of Section 7 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages. ARBITRATION PROVISIONVERY IMPORTANT. READ THIS ARBITRATION PROVISION CAREFULLY. IT SETS FORTH WHEN AND HOW CLAIMS (AS DEFINED ABOVE UNDER THE CAPTION "AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS") WILL BE ARBITRATED INSTEAD OF LITIGATED IN COURT. IF YOU DON'T REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH SECTION 1 BELOW, UNLESS PROHIBITED BY APPLICABLE LAW, IT WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WE RESOLVE ANY CLAIM. Unless prohibited by applicable law and unless you reject the Arbitration Provision in accordance with Section 1 below, you and we agree that either party may elect to require arbitration of any Claim under the following terms and conditions: 1. RIGHT TO REJECT ARBITRATION. If you do not want this Arbitration Provision to apply, you may reject it within 30 days after the date of this Agreement by delivering to us at Speedy Cash, Attn: Legal Department, PO Box 782260, Wichita, Kansas 67278, a written rejection notice which: (a) provides your name and address and the date of this Agreement; and (b) states that you are rejecting the Arbitration Provision in the Agreement. If you want proof of the date of such a notice, you should send the rejection TNIOEPHONE NUMBER AVAILABLE Page 6 of 9notice by "certified mail, return receipt requested." If you use such a method, we will reimburse you for the postage upon your request. Nobody else can reject arbitration for you (except an attorney at law you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right to Services or the terms of this Agreement (other than this Arbitration Provision).2. ARBITRATION ELECTION. A Proceeding may be commenced after the Complaining Party complies with the Pre-Dispute Resolution Procedure. The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this Section 2. If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of the Claim(s) asserted in the lawsuit. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association ("AAA"), 120 Broadway, Floor 21, New York, N.Y. 10271, www.adr.org.; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court with jurisdiction. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.3. NON-WAIVER. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. For example, if we file a lawsuit against you in court to recover amounts due under the Agreement, you have the right to request arbitration, but if you do not elect to request arbitration, we reserve and do not waive the right to request arbitration of any Claim (including any counterclaim) you later assert against us in that or any related or unrelated lawsuit. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision. 4. LOCATION AND COSTS. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve the Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator's or arbitrator's filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party in an arbitration Proceeding or if we are required to pay such amounts by applicable law or by the administrator's rules. The arbitrator shall not limit the attorneys' fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose(as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys' and other fees related to such Claim or defense to the injured party so long as such power does not impair |
