List of all fees ("Long Form") for Figure Pay Visa® Prepaid Card*
|Funding from Figure Pay Deposit Account||$0|
|Card Transactions||$0||This is our fee.|
|ATM withdrawal (in-network)||$0||This is our fee. Locations can be found at:|
https://www.allpointnetwork.com/locator.html Opens a new window.
|ATM Withdrawal (out-of-network)||$2.50||“Out-of-network” refers to all the ATMs outside of the Allpoint ATM Network. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.|
|Customer service (automated or live agent)||$0|
|ATM balance inquiry||$0||This is our fee. You may also be charged a fee by the ATM operator.|
|Using your Card outside the U.S.|
|International transactions||0%||Of the U.S. dollar amount of each transaction. This is our fee.|
|International ATM withdrawal||$0||This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction.|
|International ATM balance inquiry||$0||This is our fee. You may also be charged a fee by the ATM operator.|
Your funds are eligible for FDIC insurance. Your Card funds will be held at or transferred to MetaBank, National Association, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event MetaBank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
*These Fees include our fees only and do not constitute a comprehensive list of all of the fees you may be charged.
Figure Pay Card Cardholder Agreement
CUSTOMER SERVICE CONTACT INFORMATION:
Address: 100 W Liberty St, Suite 600, Reno, NV 89501 Website: www.figurepay.com Opens a new window. Phone Number: 1-800-260-1795
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN YOUR FIGURE PAY-BRANDED DEMAND DEPOSIT ACCOUNT (THE “FIGURE PAY DEPOSIT ACCOUNT”) TO BE TRANSFERRED TO THE CARD FOR PURCHASE TRANSACTIONS. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE CARD BALANCE.
- BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Figure Pay Card (“Card”) has been issued to you by MetaBank®, National Association. "You" and "your" means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean collectively, MetaBank, a federally chartered bank, member FDIC, and its divisions or assignees, and also includes, unless otherwise indicated, our Program Manager. “Program Manager” refers to Marqeta, Inc, who performs certain services related to your Card on MetaBank’s behalf. “Figure Pay” refers to Figure Payments Corporation. “Figure Pay App” means the mobile application made available to you by us or our service provider through which you may obtain information regarding, and otherwise manage, your Card account and your Figure Pay Deposit Account. Message and data charges may apply from your wireless service provider when using the Mobile App. The Card is nontransferable, and it may be canceled at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference. Your full schedule of fees imposed by MetaBank, otherwise known as the “Long Form,” is attached to and considered part of this Agreement.
1. ABOUT YOUR CARD
Your Card is a prepaid card, which allows you to access funds loaded to your Card account. You should treat your Card with the same care as you would treat cash. We encourage you to sign your Card when you receive it. This Card is intended for personal, family, or household use and not intended for business purposes. Your Card account does not constitute a checking or savings account. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on the funds in your Card account. We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. You are responsible for notifying us immediately upon any change to your address, phone number, or email address. If your address changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement.
Your Card account includes access to a linked Figure Pay-branded Demand Deposit account at a different financial institution (the “Figure Pay Deposit Account”). Separate terms and conditions apply to the Figure Pay Deposit Account.
Virtual Card: You may obtain a virtual Card through the Figure Pay App. A virtual Card is an online representation of the Card that you may use to purchase or lease goods or services or make payments by telephone or online, without presenting your physical Card. The virtual card provides another way for you to make purchases with the Card account and the terms of this Agreement continue to apply to any transactions made using a virtual Card. You must first activate your Card with us before you can request a virtual Card.
2. VERIFYING YOUR CARD
Important information for opening a Card account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card.
What this means for you: When you request a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time.
Eligibility and Activation: To be eligible to use and activate the Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you are a citizen or permanent resident of the United States; (iii) the personal information that you have provided to us is true, correct and complete; and (iv) you have read this Agreement and agree to be bound by and comply with its terms.
3. UNAUTHORIZED TRANSACTIONS
a. Contact in Event of Unauthorized Transfer
If you believe your Card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found at the beginning of this Agreement.
b. Your Liability for Unauthorized Transactions
Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500. Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Your Card may have some additional protections against unauthorized use:
Visa Zero Liability policy covers U.S.-issued Visa-branded Cards only and does not apply to ATM transactions, PIN transactions not processed by Visa, certain commercial card transactions, or unregistered cards. You must notify us promptly of any unauthorized use. For additional details visit www.visa.com/security Opens a new window..
c. Business Days
For purposes of this Agreement, our business days are Monday through Friday, excluding Federal holidays. Customer Service hours may differ.
4. USING YOUR CARD
a. Accessing and Loading Funds
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable fees. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. You may use your Card to purchase or lease goods or services wherever your Card is honored or withdraw cash from ATMs as long as you do not exceed the value available in your Card account.
You CANNOT use your Card to: (i) exchange your Card for its cash value; (ii) perform any illegal transactions; (iii) use the bank routing number and account number to make a debit transaction with any item processed as a check (these debits will be declined and your payment will not be processed); or (iv) make business-related transactions. In addition, YOU ARE NOT PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction exceeds the balance of the funds available in your Card account, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. If your Card has a negative balance, any deposits will be used to offset the negative balance. We may also use any deposit or balance on another Card you have with us to offset a negative balance on this Card.
Loading the Card account: You may add funds to your Card, called “loading,” by
Account-to-Account Transfers with Purchase Transactions. You may load your Card account by transferring funds in the value of U.S. dollars from your Figure Pay Deposit Account balance when you initiate a purchase transaction with your Card. At the time you initiate a purchase transaction, you authorize us and Figure Pay to load to the Card the amount of U.S. dollars from your Figure Pay Deposit Account required to complete the purchase transaction and pay any applicable Card fees. If your Figure Pay Deposit Account does not contain sufficient funds to pay the purchase amount plus applicable Card fees, the transaction will be declined and no funds will be loaded to your Card account.
Account-to-Account Transfers for ATM Withdrawals. When you use the Card to make an ATM withdrawal, funds in the ATM withdrawal amount plus any applicable Card fees will be withdrawn and transferred in the value of U.S. dollars from your Figure Pay Deposit Account balance to the Card account to complete the ATM withdrawal transaction. At the time you initiate an ATM withdrawal, you authorize us and Figure Pay to withdraw and transfer to the Card account the amount of the ATM withdrawal and any applicable Card fees. If your Figure Pay Deposit Account does not contain sufficient funds to pay the amount of the ATM withdrawal plus applicable Card fees, the transaction will be declined and no funds will be loaded to your Card account.
See the Limits table below for limitations on amount and frequency for different load methods. Each load may be subject to a fee as set out in the Long Form. We will reject any loads that exceed the maximum balance allowed on your Card. There are also maximum load restrictions we may place on your Card when aggregated with any other Cards you have. You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time. In the event of a conflict between the terms of this Agreement and the terms and conditions governing your Figure Pay Deposit Account, the terms of this Agreement shall control with respect to your Card account.
Split Transactions: If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to split transactions or will only allow you to do a split transaction if you pay the remaining amount in cash.
|Load, Withdrawal and Spend Limits*|
|Maximum Card balance at any time |
Maximum Temporary Card balance at any time
|Total number of times you can reload your Card||$5,000 per twenty-four (24) hours. Two (2) times per twenty-four hours, four (4) times per seven (7) days and ten (10) times per (30) days]|
|Total number of ATM or over the counter cash withdrawals||Three (3) cash withdrawals from each, and not more than six (6) times per day|
|Maximum amount of ATM or over the counter cash withdrawal||No more than $1,000 per twenty-four (24) hours|
|Maximum amount in Point of Sale Signature or Point of Sale PIN Transactions||$2,500 Signature purchase, $2,500 PIN purchase and no more than $5,000 total per twenty-four (24) hours|
|*Third parties may impose additional limitations.|
c. Foreign Transactions
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued ("Foreign Transaction"), the amount deducted from your funds will be converted by the network or card association that processes the transaction into an amount in the currency of your Card. The rate they choose is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of any fee that we charge as compensation for our services. You will be charged a fee for Foreign Transactions in U.S. dollars as disclosed in the Long Form. If the Foreign Transaction results in a credit due to a return, we will not refund any fee that may have been charged on your original purchase.
We may disclose information to third parties about your Card account or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Card account for a third party, such as merchant;
- In order to comply with government agency or court orders, or other legal reporting requirements;
- If you give us your written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- As otherwise necessary to fulfill our obligations under this Agreement.
You may be able to get a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminals. You may need a receipt in order to verify a transaction with us or the merchant.
b. Account History and Balance
You may obtain information about your Card balance and Figure Pay Deposit Account balance by calling Customer Service. This information, along with a 12–month history of Card account transactions, is also available in the Figure Pay App or the Figure Pay Card Website mentioned above.
You also have the right to obtain at least 24 months of written history of Card account transactions by calling or by writing Customer Service. You will not be charged a fee for this information unless you request it more than once per month.
7. TRANSACTIONS AND PREAUTHORIZED TRANSFERS
a. Right to stop payment and procedure for doing so
If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Call or write to Customer Service with the contact information located at the beginning of this Agreement in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
b. Notice of varying amounts
If these regular payments vary in amount, the person you are paying should tell you, at least 10 days before each payment, when it will be made and how much it will be.
c. Liability for failure to stop payment of preauthorized transfer
If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
d. Our liability for failure to complete transactions
If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
- If a merchant refuses to accept your Card;
- If an ATM where you are making a cash withdrawal does not have enough cash;
- If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction;
- If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
- If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- For any other exception stated in our Agreement with you.
e. ATM Fees
When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer).
f. Authorization Holds
With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses, and the preauthorization amount will be transferred from your Figure Pay Deposit Account to the Card account. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed, and we will transfer any amount in excess of the final payment amount to your Figure Pay Deposit Account, and you authorize us to do so. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
8. ERROR RESOLUTION PROCEDURES
In Case of Errors or Questions about Your Prepaid Account: Call or write Customer service at the Phone Number, Address, or Website mentioned above as soon as you can, if you think an error has occurred in your prepaid account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. In any case, we may limit our investigation of any alleged error that you do not report to us within 120 days of the posted transaction. You may request a written history of your transactions at any time by calling or writing Customer Service.
You will need to tell us:
- Your name and prepaid account or Card number.
- Why you believe there is an error, and the dollar amount involved.
- Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call Customer Service or visit our Website mentioned above.
9. ADDITIONAL TERMS OF THE AGREEMENT
a. Personal Identification Number (“PIN”)
You will receive instructions to set a Personalized Identification Number ("PIN") when you activate your Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should contact Customer Service immediately.
b. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. Immediately upon our receipt of the refund we will transfer the refund amount to your Figure Pay Deposit Account, and you authorize us to do so. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any chargebacks or other amounts credited to the Card account will be immediately transferred to your Figure Pay Deposit Account, and you authorize us to do so.
c. Card Replacement and Expiration
If you need to replace your Card for any reason, please contact Customer Service. See Long Form for applicable fees. Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. However, even if the “Valid Thru” date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that we send due to expiration of the Card.
d. Authorized Users
If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.
10. LEGAL NOTICES
a. English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
b. Account Closure
You may close your Card at any time by contacting Customer Service. Your request for Card closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in the Long Form. We reserve the right to close your Card account should you complete or attempt to complete any of the prohibited actions in this Agreement.
You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Card account. If we assign our rights, you will get a notification from us.
d. Legal Process
Regardless of where or how we are served, we will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Card account records are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We will enforce a right of security interest against any of your Card accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your Card account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process. When we receive an order instructing us to restrict access to funds in a Card account, we may remove the funds from the account and maintain them separately.
e. Other Terms
You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected. This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.
11. JURY TRIAL WAIVER
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE SET FORTH IN THE FOLLOWING SECTION, WHICH CONTAINS ITS OWN JURY TRIAL WAIVER.
12. ARBITRATION CLAUSE
We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.
|Background and Scope|
|Question||Short Answer||Further Detail|
|What is arbitration?||An alternative to court||In arbitration, a third-party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.|
|Is it different from court and jury trials?||Yes||The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.|
|Can you opt-out of this Arbitration Clause?||Yes, within 60 days||If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Notice Address. Provide your name, address and Card number. State that you “opt out” of the Arbitration Clause.|
|What is this Arbitration Clause about?||The parties' agreement to arbitrate Disputes||Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute" as defined below.|
|Who does the Arbitration Clause cover?||You, us and certain "Related Parties"||This Arbitration Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.|
|What Disputes does the Arbitration Clause cover?||All Disputes (except certain Disputes about this Arbitration Clause)||This Arbitration Clause governs all “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement.However, it does not include disputes about the validity, coverage or scope of this Arbitration Clause or any part of this Arbitration Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.|
|Who handles the arbitration?||Usually AAA or JAMS||Arbitrations are conducted under this Arbitration Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Arbitration Clause do not apply. The arbitration administrator will be either:|
|Can Disputes be litigated?||Sometimes||Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small- claims action brought on a class basis.|
|Are you giving up any rights?||Yes||For Disputes subject to this Arbitration Clause, you give up your right to:|
1. Have juries decide Disputes.
2. Have courts, other than small-claims courts, decide Disputes.
3. Serve as a private attorney general or in a representative capacity.
4. Join a Dispute you have with a dispute by other consumers.
5. Bring or be a class member in a class action or class arbitration.
We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
|Can you or another consumer start a class arbitration?||No||The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an individual small-claims action. This Arbitration Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.|
|What law applies?||The Federal Arbitration Act (“FAA”)||This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.|
|Will anything I do make this Arbitration Clause ineffective?||No||This Arbitration Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.|
|What must a party do before starting a lawsuit or arbitration?||Send a written Dispute notice and work to resolve the Dispute||Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.|
|How does an arbitration start?||Mailing a notice||If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.|
|Will any hearing be held nearby?||Yes||The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.|
|What about appeals?||Very limited||Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.|
|Arbitration Fees and Awards.|
|Who bears arbitration fees?||Usually, we do.||We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.|
|When will we cover your legal fees and costs?||If you win||If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Arbitration Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.|
|Will you ever owe us for arbitration or attorneys' fees?||Only for bad faith||The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Arbitration Clause invalid.|
|Can an award be explained?||Yes||A party may request details from the Arbitrator, within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing.|
The Figure Pay Visa® Prepaid Card is issued by MetaBank®, N.A., Member FDIC, pursuant to a license from Visa U.S.A. Inc. © 2021 MetaBank, National Association.