CUSTOMER AGREEMENT
DATE ISSUED 12/07/2019 16:29
LOAN ID # 2244396
CUSTOMER COMMENT LINE: 1-844-333-5493 TAN # NA
LENDER: BORROWER:
Advance America, Cash Advance Centers of Florida, LLC Oscar Alfonso
d/b/a Advance America 30908 Sonnet Glen Dr,
750 Shipyard Drive, Suite 300, Wilmington, DE 19801
Phone: 1-844-333-5493 Fax: 1-877-518-1612 Wesley Chapel, FL 33543
Registration #: FT340001080 Phone: (813)407-8519 SSN: XXX-XX-9897
Date of Birth: 03/16/1954
Customer #: 1287217
State DL/ID #:
Loan Effective Date: On or about 12/09/2019 .
This is the date that you should receive your loan proceeds and the day that we will begin to earn interest as described
below. This loan is subject to final approval. As part of the final approval of your loan, you may be asked to provide
verification of your application information. Depending on how long it takes you to provide the documentation, the effective
date of your loan may change and you may be required to sign new documents.
The Parties. This agreement is between Oscar Alfonso (“you”, “your”) and |
|Advance America, Cash Advance Centers of Florida, LLC (“ Advance America ”, “we”, “us”). We are a
deferred presentment provider regulated by the Florida Office of Financial Regulation, located at 200 E. Gaines Street,
Tallahassee, FL 32399. Their consumer helpline number is 1-850-487-9687.
Your Loan. We agree to loan you $ 580.00 . For that loan, we will charge you a simple interest rate of 208 % and a
verification fee of $ 5.00 . You agree to repay the loan in accordance with the payment schedule shown below. The
“Remotely Created Check Authorization” section below gives us permission to create and present remotely-created checks
for payment from your bank account on the night before each scheduled due date for the unpaid amount of the payment
due. You may also schedule a payment by logging into the online customer portal or you may make a debit card payment
by contacting us at 1-844-333-5493 .
Federal Truth-In-Lending Act Disclosures.
ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments
RATE
The amount of credit The amount you will have
The cost of your credit The dollar amount the provided to you or on your paid after you have made
as a yearly rate. credit will cost you. behalf. all payments as scheduled.
213.31 %
___________ 185.42
$ __________ 580.00
$ ___________ 765.42
$ __________
Payment Schedule.
Number of Amount of Payments When Payments Are Due
Payments
12/24/2019, 01/08/2020, 01/22/2020,
5 $ 127.58 02/05/2020, 02/19/2020
1 $ 127.52 03/04/2020
Security. You are giving a RCC Authorization as security for this loan.
Prepayment. If you pay off early, you will not have to pay a penalty, and you will reduce the amount of interest that
you pay.
See the terms below and on page 2 of this agreement for additional information about nonpayment, default, and
prepayment refunds.
U/p: 14/364
Itemization of Amount Financed of : $ 580.00 Amount given to you directly: $ 580.00 .
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Right to Cancel. You have a right to cancel (rescind) this loan and avoid paying any interest or fees by notifying
|customerservice@service.advanceamerica.net in writing no later than close of business on 12/10/2019 . In your email,
you should provide your (1) name, Customer Account Number, and Loan ID Number; (2) a statement that you wish to
cancel your loan; and (3) a statement that you authorize us to initiate an ACH debit entry to your account for the principal
balance of your loan.
If we receive your cancellation email before we send the loan amount to your account, we will cancel the transaction
immediately. If the loan amount has already been sent to your account when we receive your cancellation email, we will
initiate an ACH debit entry to your account for the full amount. If we successfully debit your account for the loan amount,
we will cancel the transaction. Otherwise, this agreement will remain in effect, and you must repay the loan according to
the terms of this agreement.
Proceeds. You have chosen to have the proceeds of the loan distributed to you by electronic credit. .
Initial for proceeds:
Loan Disbursement. If you elect to receive the loan proceeds by electronic credit, you authorize us to disburse the loan
amount to you by initiating a one-time credit entry to your authorized account. You authorize us to verify the account
information that you have provided. If any of the information you provided is incorrect or incomplete, you authorize us to
verify and correct that information.
Prepayment. You may make a partial payment or pay off your loan in full at any time without any additional charge or
penalty. If you pay off early, you will reduce the amount of interest that you pay.
Nonpayment and Default. You will be in default under this agreement if we do not receive the full unpaid amount of any
scheduled payment when it is due. If you are ten (10) or more days late with a payment, we will provide you with a notice
to cure default stating the overdue amount. If you do not pay this amount in full within twenty (20) days of our sending
you the notice, we may accelerate the maturity of the unpaid balance of the loan. As authorized below, we may continue
to present RCCs to your bank account for regularly scheduled payments that become due during any such notice and cure
period. You do not have a right to cure your second payment default or any subsequent payment defaults. The Remotely
Created Check Authorization below explains how we may withdraw funds from your bank account on default.
Remotely Created Check Authorization. You are giving us permission to withdraw funds from your bank account
number |898097672365 at BANK OF AMERICA, N.A. with routing number
|063100277 by creating and presenting for payment remotely-created checks or remotely-created payment orders
(“RCCs”) as described below:
(1)We will present RCCs to your bank for payment on the night before each scheduled payment for the
unpaid amount of the payment due, which will be withdrawn on your scheduled payment date. If
you make a partial or early payment, the amount we withdraw may be less than the scheduled
payment. If you have a question regarding the amount that will be withdrawn from your account,
please contact customer service at 1-844-333-5493 .
(2)At any time after you default on your loan and any applicable notice and cure period has passed, we
may create and present one or more RCCs for payment on or about days that you are scheduled to
receive regular income. The total amount of the RCCs we present for payment under this
authorization will not exceed the outstanding principal amount of your loan plus any due and unpaid
interest and/or fees. The “Default” section above explains default and your right to cure.
You acknowledge and agree that our authority to present RCCs ends when the earlier of the following occurs: (1) the
outstanding balance on your loan is reduced to zero or (2) you revoke your authorization by contacting us
at 1-844-333-5493 , at least two (2) business days prior to the due date.
Returned Debit Fee. If any RCC presentment that we initiate under the Remotely Created Check Authorization is
returned unpaid for insufficient funds, we may charge you a fee of $ 25.00 . You authorize us to collect any check
collection charge via a one-time ACH debit to your bank account.
No Criminal Prosecution. You cannot be arrested or charged with a crime for failure to repay this loan.
Ways to Contact You. We may contact you about your loan by emailing or calling you at any email address or number
you provide us or from which you call or email us, including cell phones and home and work email addresses and telephone
numbers. This authorization is in addition to any authorization or consent you separately have provided or may provide to
us to send you text messages or to call you using an automatic telephone dialing system or an artificial or prerecorded
voice.
Security. The disclosure of the RCC Authorization as a security interest is for Truth-In-Lending Act purposes only and not
intended to create a security interest in your Checking Account under Florida law.
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Assignment. We may sell or transfer this agreement or any of our rights under this agreement to any party, including a
collection agency.
Governing Law. This agreement will be governed by the laws of the State of Florida, except the section on Dispute
Resolution, which is governed by the Federal Arbitration Act.
Severability Clause. If any provision of this agreement is held unenforceable, such provision will be unenforceable, and
the remainder of this agreement will remain operative and binding on you and us.
NOTICE
1. STATE LAW PROHIBITS YOU FROM HAVING MORE THAN ONE DEFERRED PRESENTMENT
AGREEMENT AT ANY ONE TIME. STATE LAW ALSO PROHIBITS YOU FROM ENTERING INTO A
DEFERRED PRESENTMENT AGREEMENT WITHIN 24 HOURS OF TERMINATING ANY PREVIOUS
DEFERRED PRESENTMENT AGREEMENT. FAILURE TO OBEY THIS LAW COULD CREATE SEVERE
FINANCIAL HARDSHIP FOR YOU AND YOUR FAMILY. YOU MUST SIGN THE FOLLOWING STATEMENT:
I DO NOT HAVE AN OUTSTANDING DEFERRED PRESENTMENT AGREEMENT WITH ANY DEFERRED
PRESENTMENT PROVIDER AT THIS TIME. I HAVE NOT TERMINATED A DEFERRED PRESENTMENT
AGREEMENT WITHIN THE PAST 24 HOURS.
(Signature of Customer)
2. YOU CANNOT BE PROSECUTED IN CRIMINAL COURT FOR A CHECK WRITTEN UNDER THIS
AGREEMENT, BUT ALL LEGALLY AVAILABLE CIVIL MEANS TO ENFORCE THE DEBT MAY BE
PURSUED AGAINST YOU.
3. STATE LAW PROHIBITS A DEFERRED PRESENTMENT PROVIDER (THIS BUSINESS) FROM
ALLOWING YOU TO "ROLL OVER" YOUR DEFERRED PRESENTMENT TRANSACTION. THIS MEANS
THAT YOU CANNOT BE ASKED OR REQUIRED TO PAY AN ADDITIONAL FEE IN ORDER TO FURTHER
DELAY THE DEPOSIT OR PRESENTMENT OF YOUR CHECK FOR PAYMENT.
4. IF YOU INFORM THE PROVIDER IN WRITING OR IN PERSON BY NOON [EST] OF THE BUSINESS
DAY BEFORE A SCHEDULED PAYMENT THAT YOU CANNOT PAY IN FULL THE SCHEDULED AMOUNT
DUE AND OWING, YOU MAY DEFER THE SCHEDULED PAYMENT, WITHOUT ANY ADDITIONAL FEES
OR CHARGES, AND THE PROVIDER MAY NOT DEFAULT THE ACCOUNT AND ACCELERATE THE FULL
BALANCE. YOU MAY REQUEST ONLY ONE DEFERRED PAYMENT PER LOAN. THE DEFERRED
PAYMENT WILL BE ADDED AFTER THE LAST SCHEDULED PAYMENT AND IS DUE AT AN INTERVAL
NO SHORTER THAN THE INTERVALS BETWEEN THE ORIGINALLY SCHEDULED PAYMENTS.
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DISPUTE RESOLUTION (ARBITRATION/CLASS ACTION WAIVER)
If you have any dispute with us or if we have any dispute with you, then both you and we must seek
resolution of the dispute in either arbitration or small claims court. If your dispute cannot be resolved in
small claims court for any reason, then you must seek resolution of your dispute in arbitration. You may not
pursue the resolution of any dispute in any forum as a representative, as a private attorney general, or as
part of a class action, and you may not be a named or unnamed class member or representative in any such
action. If you seek resolution of your dispute in arbitration, we will pay: (1) the arbitrator's fees and any
other reasonable expenses charged by the arbitration provider, and (2) your reasonable attorney fees if you
recover an award of monetary and/or equitable relief that is greater in value than any we previously offered
in writing to settle your dispute. We will not be entitled to recover any fees or arbitration expenses from
you. The arbitration hearing will be held before a nationally recognized provider of arbitration services at a
location of your choice within your home state. The rules of the arbitration provider will apply. This dispute
resolution agreement does not alter any substantive rights that you may have under State or Federal law. By
signing below, you agree to comply with this dispute resolution (arbitration/class action waiver) provision,
which describes both your and our only procedure for resolving any dispute. You may opt out of this dispute
resolution (arbitration/class action waiver) provision by following the instructions below. We will be bound
by your opt out election. Only the arbitrator, not any federal, state, or local court or agency, has the
authority to interpret this provision or determine its applicability or enforceability.
DISPUTE RESOLUTION OPT-OUT
Within 30 days after entering into this transaction, you may opt out of the above
dispute resolution (arbitration/class action waiver) provision by sending a letter
to Advance America, Cash Advance Centers of Florida, LLC , Attn: Arbitration Opt Out, P.O. Box
3058, Spartanburg, SC 29304-3058. Your opt-out applies only to this transaction. You may opt out each
time you enter into a transaction with us, but you must send a separate opt out letter for each transaction.
Please include your name, address, social security number, and the date of this transaction in your letter.
By signing this agreement, you agree and confirm:
• you have read, understand, and agree to all of its terms;
• the agreement was completed prior to you signing;
• all information provided by you to obtain this loan is accurate;
• you are not currently involved in or planning to file bankruptcy proceedings;
• this agreement contains all of the terms agreed to between you and us regarding your loan;
• you were not required to provide a recurring RCC Authorization for your installment payments to receive this
loan;
• you may revoke your RCC authorization as described in this agreement; and,
• you have not relied on us to act in your interest as to this transaction.
Borrower's Signature: ______________________________ Date:
Advance America, Cash Advance Centers of Florida, LLC
By:
Date:
James Ovenden, President and CEO
Title: Admin Portal
Comments or questions may be directed to our Comment Line at the following toll-free number: 1-844-333-5493 .
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