California Payday Loan Agreement

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Sample California Payday Loan Agreement

Below, you will find a sample copy of a standard loan agreement. This is an example of a loan agreement for informational purposes only.

DEFERRED DEPOSIT LOAN AGREEMENT

Loan Amount: $255 Funds Disbursement Date: 8/1/2018
Loan Fee: $45.00 Repayment Due Date: 8/15/2018
Total Due: $300.00 Agreement Date: 8/1/2018
Loan Term: 14 Days Bank Account: 55555555
APR: 460.06% Loan Number: USA1

 

LICENSED LENDER’S OFFICE

USA EXPRESS LOANS CA LLC, 375 Redondo Ave #604, Long Beach, CA 90814

(833) 872-3977

BORROWER

First Last

555 Test Street, Test City California 55555

5555555555

5555555555

support@usaexpressloans.com

In this Loan Agreement (hereinafter the “Loan Agreement”), the words “you” and “your” mean the customer who has signed it. The words “we”, “us” and “our” mean USA Express Loans CA LLC, a licensee operating under the California Financial Code Section 23000 et seq. and regulated by the California Department of Business Oversight.

In order to complete your transaction with us, you must electronically sign this Loan Agreement by clicking the “I Agree” button at the end of the Loan Agreement, as well as all other “I Agree” buttons that appear within the Loan Agreement and using the DocuSign electronic signature application. If you click the “I Agree” button at the end of the Loan Agreement, as well as all other “I Agree” buttons that appear within the Loan Agreement your loan will be consummated as of 8/1/2018. We will use commercially reasonable efforts to effect a credit entry by depositing the proceeds from this Loan Agreement into the bank account listed below in the ECheck/ACH Authorization (“Your Bank Account”) on the Disbursement Date above. Unavoidable delays as a result of bank holidays, the processing schedule of your individual bank, the untimely receipt of pay stubs, if such pay stubs are required, inadvertent processing errors, “acts of God”, and/or “acts of terror” may extend the time for the deposit. In the event that the disbursement is delayed, the Disbursement Date will automatically adjust to reflect the date when proceeds entered your Bank Account. If there is a delay in disbursement, we will email you a confidential written notice to the email address provided in your application advising you of the delay and of the adjusted annual percentage rate, as well as any other material changes in the terms of the loan that may be caused by the delay. After the notice is sent to you, you will have the option of rescinding the Loan in accordance with the “RESCISSION” provision listed below, which describes, among other things, the time and manner within which notice of rescission must be given to be effective. Failure to give such notice as and when set out in the “RESCISSION” provision will be deemed to constitute acceptance by you of the delayed disbursement date and the revised terms of the Loan Agreement.

You promise to pay us the Total of Payments according to the terms of our disclosures set forth below on the date stated in the Payment Schedule below (“Payment Date”). You grant us a security interest in your ECheck/ACH Authorization in the amount of the Total of Payments (the “ECheck/ACH “) which we may negotiate on the Payment Date or thereafter. All payments will be applied first to fees and then to principal. Both the amount of fees charged and rate thereof are set forth respectively in the Finance Charge and Annual Percentage Rate disclosures in the Loan Agreement, which are subject to adjustment in the event of a delayed disbursement. Pursuant to the ECheck/ACH Authorization, you have directed us to initiate an ECheck/ACH debit entry to your bank account for the Total of Payments on the Payment Date or thereafter and for certain fees that may be assessed in the event of dishonor when presentment is made to your bank on your ECheck/ACH Authorization.

FEDERAL TRUTH IN LENDING DISCLOSURES

ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The cost of your credit as a yearly rate. The dollar amount the credit will cost you. The amount of credit provided to you or on your behalf. The amount you will have paid after you have made all payments as scheduled.
460.06% $45.00 $255 $300.00

 

Your Payment Schedule will be:
One Payment in the Amount of $300.00 is due 8/15/2018
Security

You are giving a security interest in the ECheck/ACH Authorization.

Prepayment

If you pay off your loan early, you will not be entitled to a refund of the finance charges.

If you pay off your loan early, you will not have to pay a penalty.

See the terms of this Loan Agreement for any additional information about nonpayment, default and lack of prepayment penalties.

Itemization of Amount Financed

Amount given to you directly: $255

 

Consent to Electronic Communications

The following terms and conditions govern electronic communications in connection with this Agreement, the transaction evidenced hereby and any communications relating to the transaction (the “Consent”). By electronically signing this Agreement by clicking the “I AGREE” button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records. You agree that:

  • Any and all communication concerning our decision on your application, the terms of any credit that may be provided to you, our privacy policy, the status and history of any extension of credit, and any further disclosures required by federal or state law (the “Disclosures”) may be provided through this website or by email. The Disclosures may include disclosures pursuant to: (1) the federal Equal Credit Opportunity Act and Regulation B; (2) the federal Fair Credit Reporting Act; (3) the federal Truth in Lending Act and Regulation Z; (4) the federal Electronic Funds Transfer Act and Regulation E; (5) the federal Gramm-Leach-Bliley Act; (6) the federal Telephone Consumer Protection Act; and (7) any other applicable federal, state or local law or regulation.
  • Your consent applies not only to the application and any resulting extension of credit, but also to any payment plan or other ancillary agreement related to your extension of credit and to any application for a future extension of credit.
  • To electronically receive, view, save or print the Disclosures, you must have: (1) a personal computer with Internet access; (2) a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox); (3) a widely-used, recent-generation portable document file reader (for example, Adobe Reader); (4) an email address; and (5) either a printer, hard drive or other storage device.

You may contact us by mail at 375 Redondo Ave #604, Long Beach, CA 90814 or phone at (833) 872-3977 to: (i) obtain a paper copy of any communication at no charge; (ii) withdraw your Consent to receive information electronically; or (iii) change the email address at which you will receive communications from us. There are no conditions, consequences, or fees associated with withdrawing your consent other than that we would no longer communicate with you electronically.

ECHECK/ACH AUTHORIZATION

By signing below, you voluntarily authorize us, and our successors and assigns, to initiate automatic credit and debit entries to your bank account (“Your Bank Account”): Name of bank: Bank of Test; Account type: Checking; Bank routing and transit number: 55555555; and Account Number: 55555555. You agree that we will disburse your loan proceeds to you by initiating a credit entry to Your Bank Account in the amount of the loan proceeds you are entitled to receive.

You agree that we will initiate an ECheck/ACH debit entry to Your Bank Account for the Total of Payments on the Payment Date. If you do not have sufficient available and collected funds in Your Bank Account as of the business day before the Payment Date, and on the Payment Date, to cover the Total of Payments (or if Your Bank Account is closed or if we do not have correct identifying information for Your Bank Account), the initial ECheck/ACH debit entry may be returned unpaid or dishonored. If the initial ECheck/ACH debit entry is returned unpaid or dishonored for any reason after we first present it for payment, you agree that we may re-present the initial debit entry for payment by re-presenting the total amount that remains due (not including any applicable NSF charge described below). If all or any portion of the first re-presentment is returned or dishonored, you agree that we may again re-present the total amount that remains due (not including any applicable NSF charge described below). We will not attempt to re-present the total amount due more than twice or more than 180 days following the return or dishonor of the initial ECheck/ACH debit entry. You authorize us to confirm Your Bank Account has sufficient funds to cover the re-presentments using a third party service provider. We may elect not to initiate an electronic fund transfer through the ACH network for the re-presentments. The amount will still be due and payable, and you will be responsible for making alternative payment arrangements. Our decision not to initiate any electronic fund transfer does not terminate this ACH Authorization.

If there are insufficient available and collected funds on deposit in Your Bank Account to effect the initial ECheck/ACH debit entry on the Payment Date and that debit entry is returned unpaid, you agree to pay us a $15.00 non-sufficient funds charge (“NSF charge”), which we may collect via a separate ECheck/ACH debit entry to Your Bank Account. You voluntarily authorize us, and our successors and assigns, to initiate an ECheck/ACH debit entry to Your Bank Account for payment of this NSF charge. If the initial ECheck/ACH debit entry for the NSF charge is returned unpaid for insufficient or uncollected funds, you agree that we may re-present the initial debit entry for payment of the NSF charge. We will not attempt to re-present the NSF charge more than once or more than 45 days following the return or dishonor of the initial ECheck/ACH debit entry for the Total of Payments on the Payment Date. You will only owe us one $15.00 NSF charge if the initial ECheck/ACH debit entry for the Total of Payments on the Payment Date is returned unpaid or dishonored because of insufficient available or uncollected funds, regardless of whether we attempt one or two representments of that initial ECheck/ACH debit entry. However, your bank may charge you fees for each individual ACH debit entry we submit that is returned unpaid or dishonored for any reason, if and to the extent such fees are allowed under the agreement between you and your bank concerning Your Bank Account.

You authorize us to verify all of the information that you have provided, including past and/or current information. You agree that the initial debit entry authorized herein is for repayment of a single payment loan and shall not recur at substantially regular intervals. You may revoke this authorization by calling (833) 872-3977 at least two business days prior to your loan Payment Date. You agree that in order to revoke your ACH authorization, you will first provide us with an alternative method of payment. If there is any missing or erroneous information in or with your loan application regarding your bank, bank routing and transit number, or account number, then you authorize us to verify and correct such information.

Your ECheck

Payday loan, deferred deposit, cash advance check.

You agree that this ECheck/ACH Authorization is subject to our approving the Loan Agreement. By signing below, you agree to the terms of this ECheck/ACH Authorization and acknowledge receiving a copy of this ECheck/ACH Authorization for your future reference. By signing below, you also acknowledge that you are authorized to enter into this Echeck/ACH Authorization and to allow automatic debit entries to Your Bank Account without obtaining the signature or consent of any other joint owner or beneficiary of Your Bank Account.

RESCISSION

You may rescind future payment obligations under this Loan Agreement, without cost or finance charges, no later than 5:00 p.m. Pacific Time of the next business day immediately following the Disbursement Date (“Rescission Deadline”). To rescind future payment obligations on this loan, you must inform us in writing, by or before the Rescission Deadline, by email to support@usaexpressloans.com, that you want to cancel the future payment obligations on this loan and that you authorize us to effect a debit entry to Your Account for the principal amount of the Loan Agreement. In the event that we timely receive your written notice of rescission on or before the Rescission Deadline but before the loan proceeds have been credited to Your Account, we will not effect a debit entry to Your Account and both ours and your obligations under this Loan Agreement will be rescinded. In the event that we timely receive your written notice of rescission on or before the Rescission Deadline but after the loan proceeds have been credited to Your Account, we will effect a debit to Your Account for the principal amount of the Loan Agreement. If we receive payment of the principal amount via the debit, ours and your obligations under this Loan Agreement will be rescinded. If we do not receive payment of the principal amount via the debit, then the Loan Agreement will remain in full force and effect.

EXTENDED PAYMENT PLAN

Not more than once in any twelve (12) month period, you may opt into an extended payment plan (“EPP”) if you are unable to repay your loan when due. An EPP will also include any outstanding fees. You will be responsible for paying no more than the original principal and fees. There will be no late fees or any other fees charged. You must opt into the EPP by the close of business one business day prior to the Payment Date.

PREPAYMENT

At any time after the Rescission Deadline defined above, you can prepay your obligations partially or in full before the Payment Date by sending us an email or fax to the address and number referenced above informing us that you want to make a prepayment and giving us written authorization to effect a debit entry to Your Account for the prepayment. If we receive the prepayment via the debit, it will be applied first to fees and then to principal. Please be advised that paying your loan off early will not result in a rebate of the un-earned portion of your Finance Charge.

SECURITY

Pursuant to Comment 2(a)(25) of the Federal Reserve Board Official Staff Commentary to Regulation Z 1026.2, we have disclosed to you that our interest in the ECheck/ACH Authorization is a security interest for Truth-in-Lending purposes only, because federal and California law do not clearly address whether our interest in the ECheck/ACH Authorization is a “security interest.”

GOVERNING LAW, DEFAULT, ASSIGNMENT and EXECUTION

This Loan Agreement will be governed by the laws of the State of California, except that the Arbitration Provision is governed by the Federal Arbitration Act (“FAA”). You will be in default under this Agreement if you stop payment on the ECheck/ACH or otherwise cause the ECheck/ACH not to be honored on or after the presentment date. We may assign or transfer this Loan Agreement or any of our rights hereunder. If this Loan Agreement is approved by us, then you agree that the electronically signed Loan Agreement we receive from you will be considered the original executed Loan Agreement, which is binding and enforceable as to both parties.

ARBITRATION PROVISION

Arbitration is a process in which persons with a dispute(s): (a) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (b) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some 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(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.

READ THIS ARBITRATION PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU HAVE THE RIGHT TO OPT OUT OF (NOT BE BOUND BY) THIS ARBITRATION PROVISION AS DESCRIBED BELOW. IF YOU DO NOT DO SO:

  1. YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY OR A COURT, OTHER THAN A SMALL CLAIMS COURT OR SIMILAR COURT OF LIMITED JURISDICTION, RESOLVE ANY CLAIM THAT IS SUBJECT TO ARBITRATION; and
  2. YOU ARE WAIVING YOUR 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 COURT OR IN ARBITRATION WITH RESPECT TO ANY CLAIM THAT IS SUBJECT TO ARBITRATION.

THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS

Interstate Commerce

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and not by any state arbitration law.

Class Action Waiver

Notwithstanding any other provision of this Arbitration Provision, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency). The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

Scope

For purposes of this Arbitration Provision, the word “Claim” or “Claims” has the broadest possible meaning and includes, without limitation (a) all federal or state law claims, disputes or controversies, whether preexisting, present or future, arising from or relating directly or indirectly to this Agreement, the information you gave us before entering into this Agreement, including your application, any past agreement or agreements between you and us, any loan or credit product or related product or service obtained from us and any advice, recommendations, solicitations, communications, disclosures, promotions or advertisements concerning the same; (b) all initial claims, counterclaims, cross-claims and third-party claims and claims which arose before the effective date of this Arbitration Provision; (c) all common law claims, based upon contract, tort, fraud, or other intentional torts; (d) all claims based upon a violation of any local, state or federal constitution, statute, ordinance or regulation, including without limitation all claims alleging unfair, deceptive or unconscionable trade practices; (e) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (f) all claims asserted by you individually against us and/or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages, restitution and/or equitable or injunctive relief; (g) claims asserted by you against other persons and entities if you assert a Claim against such other persons and entities in connection with a Claim you assert against us; and (h) all data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us or related third parties of any non-public personal information about you.

Notwithstanding the foregoing, the word “Claim” does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision will not apply to (1) any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; or (2) any disputes that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Provision in which you are alleged to be a member of the putative class for as long as such class action is pending.

Electing Arbitration

A party may elect arbitration of a Claim by sending the other party written notice by certified mail return receipt requested of their intent to arbitrate and setting forth the subject of the dispute along with the relief requested. Your notice must be sent to USA EXPRESS LOANS CA LLC, Attn.: General Counsel – Arbitration Notice, 375 Redondo Ave #604, Long Beach, CA 90814, and our notice must be sent to the most recent address for you in our files. If a lawsuit concerning the Claim has been filed, such notice can be provided by papers filed in the lawsuit.

Administrator

Regardless of who demands arbitration, you shall have the right to select either of the following arbitration organizations to administer the arbitration: the American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY 10019 (1-800-778- 7879), http://www.adr.org; or JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225 (1-800-352-5267), http://www.jamsadr.com. However, the parties may agree to select a local arbitrator who is an attorney, retired judge, or arbitrator registered and in good standing with a bona fide arbitration association and arbitrate pursuant to the arbitrator’s rules. If the AAA and JAMS are unable or unwilling to serve as administrator, and the parties are unable to agree upon another administrator, a court shall determine the administrator or arbitrator. The arbitration hearing will take place at a location reasonably convenient to where you reside.

If you demand arbitration, you must inform us in your demand of the arbitration organization you have selected or whether you desire to select a local arbitrator. If related third parties or we demand arbitration, you must notify us within 20 days in writing by certified mail, return receipt requested, of your decision to select an arbitration organization or your desire to select a local arbitrator. Your notice must be sent to USA EXPRESS LOANS CA LLC, Attn.: General Counsel – Arbitration Notice, 375 Redondo Ave #604, Long Beach, CA 90814. If you fail to notify us, then we have the right to select an arbitration organization. The arbitration will be governed by the rules and procedures of the arbitration organization applicable to individual consumer disputes. You may get a copy of the rules and procedures by contacting the arbitration organization listed above. In the event of a conflict between the provisions of this Arbitration Provision, on the one hand, and any applicable rules of the AAA or JAMS or other administrator used or any other terms of this Agreement, on the other hand, the provisions of this Arbitration Provision shall control. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to select an arbitration administrator in accordance with this paragraph and commence the arbitration proceeding in accordance with the administrator’s rules and procedures.

Arbitrator and Award

Any arbitrator must be a practicing attorney with ten or more years of experience or a retired judge. The arbitrator will not be bound by judicial rules of procedure or evidence that would apply in a court, nor by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator may decide, with or without a hearing, any motion that is substantially similar to a motion to dismiss for failure to state a claim or a motion for summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim).

Fees and Costs

At your written request, we will pay all filing, hearing and/or other fees charged by the administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). We will not seek reimbursement of such fees from you even if we prevail in the arbitration. In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the administrator’s rules or that we are required to pay for this Arbitration Provision to be enforced. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by this Agreement, the administrator’s rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision.

Appeal

The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, you or we can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Unless the parties agree otherwise and to the extent feasible, the appeal will be conducted pursuant to or modeled after the JAMS Optional Appeal Procedure, available at http://www.jamsadr.com/rules-optional-appeal-procedure/. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above titled “Fees and Costs.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA. A judgment on the award may be entered by any court having jurisdiction.

Notice and Cure; Special Payment

Prior to initiating a Claim, you may send us a written Claim Notice. In order for a Claim Notice to be valid and effective, it must: (a) state your name, address and loan number; (b) be signed by you; (c) describe the basis of your Claim and the amount you would accept to resolve the Claim; (d) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (e) be sent to us by certified mail, return receipt requested, at USA EXPRESS LOANS CA LLC, Attn.: General Counsel – Arbitration Notice, 375 Redondo Ave #604, Long Beach, CA 90814. This is the sole and only method by which you can submit a Claim Notice. Upon receipt of a Claim Notice, we will credit you for the standard cost of a certified letter. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated.

Binding Effect; Survival; Severability

This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive any bankruptcy to the extent consistent with applicable bankruptcy law. The Arbitration Provision survives any termination, amendment, expiration or performance of this Agreement or any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing. If any part of this Arbitration Provision, other than the Class Action Waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable.

OPT-OUT PROCESS

You may choose to opt out of this Arbitration Provision but only by following the process set forth below. If you do not wish to be subject to this Arbitration Provision, then you (both or all of you if, if more than one) must send us an Opt Out Notice so that we receive it within forty-five (45) calendar days of the date of this Agreement at the following address: USA EXPRESS LOANS CA LLC, Attn.: General Counsel – Arbitration Notice, 375 Redondo Ave #604, Long Beach, CA 90814. Your notice must be sent to us by certified mail, return receipt requested. Upon receipt of an Opt-Out Notice, we will credit you for the standard cost of a certified letter. Your Opt-Out Notice must include your name, address, social security number, the date of this Agreement, a statement that you wish to opt out of the Arbitration Provision and must not be sent with any other correspondence. Indicating your desire to opt out of this Arbitration Provision in any manner other than as provided above is insufficient notice. Your decision to opt out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement, and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and us.

WAIVER OF JURY TRIAL

To the extent permitted by applicable law, for any disputes not submitted to arbitration, you and we hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with respect to any litigation arising out of or relating to this Agreement between you, on the one hand, and us or any of our employees, directors, officers, shareholders, governors, managers, members, parent company or affiliated entities, on the other hand.

CALIFORNIA Deferred Deposit Transaction Law DISCLOSURES

  • We cannot make deferred deposit transaction contingent on the purchase of another product or service.
  • A fee of $15 may be charged if the Check you give to us is returned unpaid.
  • You cannot be criminally prosecuted or threatened with prosecution in conjunction with a deferred deposit transaction for a returned check.
  • We may not accept any collateral in conjunction with a deferred deposit transaction and cannot make a deferred deposit transaction contingent on the purchase of another product or service.
  • Your Check may be negotiated as part of this deferred deposit transaction, which is made pursuant to Section 23035 of the Financial Code. If we sell or otherwise transfer your debt, any debt held or transferred pursuant to a deferred deposit transaction is not subject to the provisions of Section 1719 of the Civil Code and you will not be required to pay treble damages if the Check does not clear.
  • The Department of Business Oversight toll-free number for receiving calls concerning customer complaints and concerns is 1-866-ASK-CORP (1-866-275-2677).
Amount Provided Fee Amount of Check 14-day APR 30-day APR
$100 $17.65 $117.65 460.06% 214.74%
$150 $26.47 $176.47 460.06% 214.74%
$200 $35.29 $235.29 460.06% 214.74%
$255 $45.00 $300.00 460.06% 214.74%

CUSTOMER NOTICE

Deferred deposit transactions should be used for short-term financial needs only, not as a long-term financial solution. Customers with credit difficulties should seek credit counseling.

USA EXPRESS LOANS CA LLC

Effective Date: The privacy policy was last updated July 11th, 2018.

This privacy policy (the “Policy”) replaces any privacy policy previously delivered to you or appearing on our website, any transaction agreement, application, loan document or any other document previously delivered to you. If there are conflicts between this Policy and any other policy we have delivered to you, the terms of this Policy shall control until revised.

This notice of our privacy practices is provided to you on behalf of USA EXPRESS LOANS CA LLC and its parent company, USA EXPRESS LOANS LLC, their respective family of companies, and their respective subsidiaries and affiliates including but not limited to those that operate under the trade names USA EXPRESS LOANS (hereafter collectively referred to as the “USA EXPRESS LOANS Related companies,” “we”, “our”, or “us”). “You” or “Your” means you as a participant in or as a user of the products and/or services offered by a USA EXPRESS LOANS Related Company

All information transmitted, printed or otherwise submitted to us shall be deemed to be our property and we shall be free to use such information for any lawful purpose described herein, and for other purposes as required or permitted by law.

Please read this Policy carefully. This Policy provides important information about the way we collect, share, and protect your information and governs your use of any online service location (e.g., web site or mobile app) that posts a link to this Policy (including, without limitation, both mobile and online versions of our site), and also applies to your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through a site and that posts a link to this Policy regardless of how you access or use them, whether via personal computers, mobile devices or otherwise regardless of how you access or use the site, whether via personal computers, mobile devices or otherwise. This Policy applies to anyone who applies for or uses our products or services, or visits our websites, including, but not limited to, current and former customers. We must notify you about our sharing practices when you establish a customer relationship and each year while you are a customer. A customer relationship begins when you obtain a financial product or service from us. A customer relationship terminates when you pay off a transaction in full. This Policy does not govern the data practices of third parties that may interact with our site.

To the extent we provide you notice on our site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

In addition, please review the site’s Terms of Use, which governs your use of the site. By using our site, you consent to our Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.

How We Use Your Information

We use Your Information to:

  • Provide you with information, products and services you request and process transactions that you have requested or agreed to receive;
  • Offer you additional products or services, from us or from others, that may be of interest to you;
  • Process your registration with the site, including verifying your information is active and valid;
  • Comply with all reporting and other legal requirements;
  • Enhance your experience at our websites;
  • Enable you to participate in a variety of the site’s features such as online entry sweepstakes, contests or other promotions;
  • Process payments and update account records;
  • Analyze customer demographics, payment histories, and preferences;
  • Contact you with regard to your use of the site and, in our discretion, changes to the site and/or site’s policies;
  • Conduct statistical analyses;
  • Conduct internal business; and
  • Provide our advertisers with editorial or feedback information.

Information We Collect

We collect personally identifiable information, including, but not limited to, non-public personal information, as well as other types of personally identifiable information from you and from other sources as described herein (collectively, “Your Information”). Our primary goal in collecting Your Information is to provide you with efficient, accurate, and customized financial products and services. Your Information also helps us personalize and improve your customer experience with us. We collect and/or track the following types of information:

  • Information we receive from you on applications or other forms, such as transaction documents, sales documents, online forms, e-mails, registration forms, surveys, or other documents or submissions related to the products and services we provide, including your name, address, telephone number, social security number, driver’s license, email address, employment information, demographic information, bank account information, and information about your assets, debts and income;
  • Information about your transactions with us, our affiliates, or others, such as your account history, transaction balances, payment history, overdraft history, parties to transactions, and your reasons for doing business with us;
  • Information we receive from third parties, such as consumer reporting agencies and other lenders, regarding your credit worthiness and credit history, and to verify your identity;
  • Information we obtain to verify representations made by you, such as your employment history or income;
  • Information obtained from specialized marketing information firms, such as household demographics;
  • Information obtained from Web page http headers (home server domain names, IP address, type of client computer, and type of Web browser);
  • Information, user specific or aggregate, we receive from our web pages recording visitor’s access;
  • Information you provide when you contact our customer service department via telephone, email, online chat, or messaging; and
  • Information you provide to us when you communicate with us via email.

Sharing Your Information

(Customers that reside in California, Connecticut, North Dakota or Vermont should refer to the state-specific notices provided at the end of this Policy)

The USA EXPRESS LOANS Related Company delivering this Policy to you (the “USA EXPRESS LOANS Provider”) may share or sell Your Information with any other USA EXPRESS LOANS Related Company (collectively, its “Affiliated Companies”) and with other companies with whom any USA EXPRESS LOANS Related Company does business (“Non-Affiliated Third Parties”) as permitted by law and as described in this Policy. These Affiliated Companies and Non-Affiliated Third Parties may be: (1) financial service providers, such as mortgage bankers, mortgage brokers, consumer lenders, small loan lenders, tax refund anticipation loan lenders, loan brokers, deferred deposit providers, check cashers, supervised lenders, delayed deposit providers, deferred presentment providers, collection agencies, consumer reporting agencies, banks, credit card providers, debit card providers, store valued card providers, insurance agencies, bill payment agencies, ATM providers, pawn and title pawn providers, automobile dealers, automobile financing providers, automobile leasing providers, money transfer and remittance providers, sellers and remitters of money orders, insurance services providers, and financial service provider holding companies, or agents, contractors, or representatives of any of the foregoing; (2) non-financial companies, such as retailers, tax preparers, payroll service providers, advertisers, marketing companies, lead generators, advertisers on our websites, companies or individuals that do industry-related research, surveys or polls, automobile dealers, and any person who offers a non-financial product or service, and holding companies, or agents, contractors, or representatives of any of the foregoing; and (3) other businesses, such as non-profit organizations, trade associations, and industry analysts or agents, contractors, or representatives of any of the foregoing.

Affiliated Companies and Non-Affiliated Third Parties may use Your Information for any legal purpose, including, but not limited to, developing and promoting new or joint products, improving existing products and services, and contacting you to offer products and services that may be of interest to you. We may also disclose Your Information, as described above, to companies who perform services on our behalf or to other financial institutions with which we have joint marketing agreements.

The USA EXPRESS LOANS Provider may also disclose Your Information to Affiliated Companies and Non-Affiliated Third Parties that provide services to us or you (collectively, “Service Providers”). We contract with Service Providers to perform certain functions on our behalf. Examples include database providers who assist in identity verification, credit scoring companies, magazine publishers, retailers, and direct marketers. Service Providers’ access is limited only to the personal data needed to perform their functions, and only for the purpose of performing those functions, and they are prohibited from using or disclosing Your Information for other purposes.

Third-party analytics and other Service Providers such as Google Analytics may set and access their own Tracking Technologies on your personal computer, laptop, tablet, mobile phone or other device and they may otherwise collect or have access to information about you. These Service Providers use the technology described above to help us analyze how users use the website. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

We also may share Your Information if it becomes necessary for compliance with the law or to protect the rights, property, or safety of our websites, our users, or third parties. We reserve the right to release such personal data to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process. In addition, we reserve the right to use and disclose Your Information that is not in individually identifiable form as we deem appropriate, in our sole discretion.

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.

Automatic Information and Cookies

In addition to any personally identifiable information or other information that you choose to submit to us via our site, we and our Service Providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the site (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our site. To the extent we associate Usage Information with your personally identifiable information we collect directly from you on the site, we will treat it as personally identifiable information.

This Usage Information may include:

  • your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the site, and our computers identify your Device by its Device Identifier;
  • your Device functionality (including browser, operating system, hardware, mobile network information);
  • the URL that referred you to our site;
  • the areas within our site that you visit and your activities there, including remembering you and your preferences;
  • your Device location;
  • your Device characteristics; and
  • certain other Device data, including the time of day, among other information.

We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the site. A web browser is usually set to accept cookies automatically but can be changed to decline them. The Help section of the toolbar on most web browsers will tell you how to prevent your browser from accepting new cookies, how to have the web browser notify you when you receive a new cookie or how to disable cookies altogether. In most cases, a visitor may refuse a cookie and still fully navigate our websites. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s web site www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our site may not function properly, and that when you revisit our site your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the site, to monitor how users navigate the site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party Service Provider, is active only while you are connected to the site, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our site, including cookies required to prevent fraudulent activity, improve security or allow you to make use of site functionality.

PerformanceRelated. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the site.

FunctionalityRelated. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the site, including identifying you when you signin to our site or keeping track of our specified preferences, including in terms of the presentation of content on our site.

TargetingRelated. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our site and third-party sites based on how you interact with our advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements or content that has been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the site. Further, third parties may use Tracking Technologies with our site and this may involve the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third party Tracking Technologies in connection with use of our site and accept that our statements under this Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms. If you would like more information on self-regulatory programs that permit you to exercise choice, see the Section entitled “Interest-Based Advertising” below.

Your Right to Limit the Sharing of Your Information

In some circumstances, you have the right to direct the USA EXPRESS LOANS Provider to not share Your Information with its Affiliated Companies and/or Non-Affiliated Third Parties (i.e., “Opt-Out”). Please note that even if you Opt-Out, the USA EXPRESS LOANS Provider may still share Your Information with its Affiliated Companies and Non-Affiliated Third Parties as permitted or required by law. Also, the USA EXPRESS LOANS Provider may share information it collects regarding its transactions and experiences with you with its Affiliated Companies. The USA EXPRESS LOANS Provider may also share all information it collects about you with Affiliated Companies and Non-Affiliated Third Parties: to facilitate providing our services to you, to administer our business, in order to receive services from those companies, as permitted under joint marketing agreements, and as otherwise permitted or required by law.

The USA EXPRESS LOANS Provider is delivering this notice to you on behalf of itself and all other USA EXPRESS LOANS Related Companies. You may limit how the USA EXPRESS LOANS Provider’s Affiliated Companies use Your Information the USA EXPRESS LOANS Provider shares with them. Federal law gives you the right to limit some but not all marketing from the USA EXPRESS LOANS Provider’s Affiliated Companies. You may limit a USA EXPRESS LOANS Provider’s Affiliated Companies from marketing their products or services to you based on Your Information that they receive from the USA EXPRESS LOANS Provider. This information includes your income, your account and payment history, and your credit history, report or score.

Opt-Out Information and Notice

To limit the USA EXPRESS LOANS Provider’s sharing of Your Information with Affiliated Companies and Non- Affiliated Third Parties, as described above, contact us:

  • On the web: www.usaexpressloans.com, or
  • By email: support@usaexpressloans.com.

Unless we hear from you, we can begin sharing Your Information thirty (30) days from the date we first deliver this Notice to you. However, you may Opt-Out at any time by contacting us. Once we receive your Opt-Out request, we will stop sharing the information you request that we don’t share as soon as reasonably practicable. Your Opt- Out request will remain in effect until you notify us otherwise in writing.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration and the amount of your income. The site may allow you to review, correct or update personally identifiable information you have provided through the site’s registration forms or otherwise, and you may provide registration updates and changes by contacting us through the Contact Us page on www.usaexpressloans.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). With respect to our mobile and other applications (i.e., when we are the application publisher), you can prospectively stop all collection of information by the application by uninstalling the application. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your personally identifiable information or change your preferences on the site, information that you remove may persist internally for our administrative purposes. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails or in some cases by logging into your site account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our site, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

Interest-Based Advertising

Data about your activities online is being collected on our website for use in providing advertising tailored to your individual interests. We may use third parties such as network advertisers and ad exchanges to serve advertisements across the Internet and may use third party analytics Service Providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Third parties may offer you a choice as to whether or not to have your information collected for that purpose. This section of the Policy provides details and explains how to exercise that choice.

You may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time by collecting information through automated means, including through the use of the technologies described in the “Automatic Information and Cookies” Section above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our websites, such as the pages you have viewed. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your device and may set or change settings on your device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.

This collection and ad targeting takes place both on our websites and on third-party websites that participate in the ad network, such as sites that feature advertisements delivered by the ad network. This process also helps us track the effectiveness of our marketing efforts. We and third-party vendors, including Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites.

Third-party Tracking Technologies are not controlled by us, even if they use our technology to help store or collect data. Statements regarding our practices do not apply to the methods for collecting information used by these third-party advertisers and others or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with the information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties. Further, while we may use a variety of companies to serve advertisements on the website, you may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link. You may also be able to opt-out of receiving third-party behavioral ads by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/#completed. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.

How We Protect Your Information

We restrict access to Your Information to those employees who need to know that information to provide products or services to you. We maintain commercially reasonable physical, electronic, and procedural safeguards that comply with federal regulations to guard Your Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our site and provide us with your information at your own risk

Our Right to Contact You

We reserve the right to contact you regarding your account status and changes to subscriber agreements, our Policy, or any other policies or agreements relevant to you. By visiting our websites, you understand and agree that we may contact you at the phone number or email address you provide to us through our websites or on your transaction agreements, applications, loan documents or any other document to assist you with your product or to discuss other products and services that a USA EXPRESS LOANS Related Company may provide for you.

We Do Not Collect Data from Children

The information and services provided by us or by our affiliates, sponsors, and advertisers, are not intended to be viewed by children (under 18 years old). No information collected from children is knowingly collected or used for any purpose whatsoever, including marketing and promotional purposes, either inside or outside the USA EXPRESS LOANS Related Companies.

Transfer of Information to the United States

Our site is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including personally identifiable information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personally identifiable information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including personally identifiable information, in the United States as set forth in this Policy.

Our Right to Change This Policy

We reserve the right to change this Policy at any time by either providing you a revised copy of the Policy, or notifying you of the existence and location of the new or revised privacy policy. Any changes will be effective immediately upon the posting of the revised Policy and your use of our site indicates your consent to the privacy policy posted at the time of use. To the extent any provision of this Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

Notice to California Residents

Pursuant to state law, the USA EXPRESS LOANS Provider may not share information it collects about you with its Affiliated Companies or with Non-Affiliated Third Parties, except in the limited circumstances, as set forth in this Policy, as permitted under state law, or if you give us your permission.

California Civil Code Section 1798.83, also known as S.B. 27, permits California residents, who have supplied personal information, as defined in the statute, to request certain information regarding our disclosures in the prior calendar year, if any, of personally identifiable information to third parties for their own direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2013 will receive information about 2012 sharing activities). To make such a request, please contact us at www.usaexpressloans.com or write to us at: USA EXPRESS LOANS CA LLC, Attn.: Customer Service, 375 Redondo Ave #604, Long Beach, CA 90814. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response.

Notice to Connecticut Residents

Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly. It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.

Notice to North Dakota Residents

Pursuant to state law, we will only share information with our Service Providers and with third parties as required or permitted by law, or if you give us your permission.

Notice to Vermont Residents

The USA EXPRESS LOANS Provider will not disclose information about you with its Affiliated Companies or with Non-Affiliated Third Parties, other than as required or permitted by law, without your express permission.

 

Your Credit Score
Your Credit Score Your credit score is not available from ID Analytics, which is a consumer reporting agency, because they many not have enough information about your credit history to calculate a score.
What you should know about credit scores A credit score is a number that reflects the information in a credit report.

A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors.

A credit score can change, depending on how a consumer’s credit history changes.

Why credit scores are important Credit scores are important because consumers who have higher credit scores generally will get more favorable credit terms.

Not having a credit score can affect whether you can get a loan and how much you will have to pay for that loan.

 

Checking Your Credit Report
What if there are mistakes in your credit report? You have a right to dispute any inaccurate information in your credit report. If you find mistakes on your credit report, contact the consumer reporting agency.

It is a good idea to check your credit report to make sure the information it contains is accurate.

How can you obtain a copy of your credit report? Under federal law, you have the right to obtain a free copy of your credit report from each of the nationwide consumer reporting agencies once a year.

To order your free annual credit report:

By telephone:

Call toll-free: 1-877-322-8228

On the web:

Visit www.annualcreditreport.com

By mail:

Mail your completed Annual Credit Report Request Form (which you can obtain from the Federal Trade Commission’s web site by going to https://www.annualcreditreport.com/manualRequestForm.action)

Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281

How can you get more information? For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau’s Web site at www.consumerfinance.gov/learnmore
How can you get more information about your credit score? If you have any questions regarding your credit score, you should contact SageStream at:

Address:
SageStream, LLC, Consumer Office
PO Box 503793
San Diego, CA 92150

Telephone: (888) 395-0277 (toll-free)
Fax: (858) 312-6275
www.sagestreamllc.com

 

ELECTRONIC SIGNATURES AND CONSENTS

By clicking the “I AGREE” button below and providing any additional information as may be requested below, you understand and acknowledge that you are taking the following three (3) separate actions:

  1. CONSENT TO ELECTRONIC COMMUNICATIONS

By electronically signing this Agreement by clicking the “I Agree” button below, you are confirming that: (1) you agree to our CONSENT TO ELECTRONIC COMMUNICATIONS and (2) you have the necessary hardware and software to use electronic information described in the Consent to Electronic Communications, including an active email address and the ability to access and view PDF files.

  1. ACH AUTHORIZATION

By electronically signing this ACH AUTHORIZATION by typing in the last four digits of your social security number below, you certify that you have fully read and understood the ACH AUTHORIZATION provisions of this Loan Agreement, you agree to comply with, and be bound by, their terms and you agree and understand that you are authorizing us to effect both debit and credit entries into your Bank Account to fulfill your obligations under this Loan Agreement.

SSN Last 4 Digits ____________

Please note that we separately authenticate the above electronic signature when you click the “I Agree” button below.

  1. AGREEMENT TO TERMS AND CONDITIONS OF LOAN AGREEMENT

By electronically signing this Loan Agreement by typing in your name and social security number below, clicking the “I Agree” button, and digitally signing using the DOCUSIGN portal below, (a) you acknowledge that the Loan Agreement was filled in before you did so and that you have reviewed the entire Loan Agreement including the FEDERAL TRUTH-IN-LENDING DISCLOSURES and our PRIVACY POLICY (b) you authorize us to contact you using automated telephone dialing equipment and artificial/pre-recorded voice or text messages at any telephone number you provide to us through our websites or on your transaction agreements, applications or loan documents, for any lawful purpose, including, but not limited to, (i) obtaining information necessary for us to service or collect on your account, or (ii) notifying you as to important issues regarding your account, (c) you acknowledge that your right to file suit against us for any claim or dispute regarding this Loan Agreement is limited by the WAIVER OF JURY TRIAL AND ARBITRATION provisions, (d) you represent that you are not a debtor under any proceeding in bankruptcy and have no intention to file a petition for relief under any chapter of the United States Bankruptcy Code, and (e) you acknowledge that you have read and understood all of the terms of this Loan Agreement including the provisions mentioned above and you agree to comply with, and be bound by, all of those terms.

First Name ____________

Last Name ____________

Social Security Number _______________

Date __________8/1/2018

Digital Signature _____________

Please note that when you click the “I Agree” button, we authenticate your electronic signature and we also separately authenticate your electronic signature for the ACH Authorization that you separately and voluntarily entered above.

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