This Cardholder Agreement, including the Schedule of Fees and Charges, and any Privacy Notice provided to
you by us (collectively referred to as this "Agreement"), sets forth the terms of your eVantage
Prepaid MasterCard®. Please read it carefully and retain it for your records.
Your Card is issued by Sunrise Banks N.A.,
Member FDIC, pursuant to a license from MasterCard International.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding
of terrorism and money laundering activities, federal law requires all financial institutions to obtain,
verify and record information that identifies each person who opens an account (including the Companion
Card). What this means for you: when you open an account, we will ask for your name, address, date of birth,
and other information that will allow us to identify you. We may also ask to see your driver's license
or other identifying documents.
Definitions. In this Agreement, the words "you"
and "your" or "Cardholder"
means the Primary Cardholder and any Companion Cardholder of the Card Account. "Card Owner"
means the person who qualified for and opened the Card account and owns the funds in the
Card Account. "Companion Cardholder" means any person issued a Companion Card at the request of
the Primary Cardholder and authorized to use the Companion Card. The Companion Card can only be loaded by
the Primary Cardholder. "Authorized User" means any person issued a card at the request of the Card Owner and authorized by the
Card Owner to use the Card.
, "us", "our" and "The Bank" mean Sunrise Banks,
the issuer of the Card. "Card" means the MasterCard plastic prepaid card that is issued to you by us. "Card Account"
means the Sunrise Banks deposit account or its associated account number. "Account Number"
means the 13-digit number used to identify your Card Account. "Card Number"
is the 16-digit number embossed on your Card. The third party that markets and services
the Card and Card Account is eVantage Card. " Business days" are Monday through Friday, excluding
federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are
open. "PIN" means personal identification number. "Access Information"
means collectively your PIN, online username, password, challenge questions, and
any other security information used to access your Card Account.
Agreement to Terms. By enrolling for the Card, you agree to the terms of this Agreement. If you later decide
that you do not want to use the Card, please destroy the Card at once by cutting it in half and call us at
1-888-623-3314 to cancel your Card Account. When any provision in this Agreement states that we may take
certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment
at any time in accordance with Amendment and Cancellation section below.
Prepaid Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your
Card Account by you or on your behalf. Your Card Account does not constitute a checking or savings account
and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it
intended to be used for gifting purposes. The Card is not a credit card and may not provide the same rights
to you as those available in credit card transactions. You will not receive any interest on the funds in
your Card Account. Subject to applicable law, your Card Account will be insured by the Federal Deposit
Insurance Corporation once your Card has been registered with us. Your funds will never expire, regardless
of the expiration date on the front of your Card. The Card will remain the property of the Bank, must be
surrendered upon demand, and is nontransferable.
Activating Your Card. You cannot use the Card until it has been activated. To activate a personalized card,
login to https://myaccount.eVantageCard.com or call 1-888-623-3314 or go to https://eVantageCard.com/Activate and follow the
instructions provided. As part of the activation, you will be required to provide your Social Security
Number and date of birth if you did not do so while ordering your card. Although no credit history is
required to obtain a card, you authorize us to obtain information about you from time to time from credit-reporting
agencies, your employers, and other third parties for our internal processes.
Using Your Card. After you activate your Card you may use it to purchase goods and services everywhere
MasterCard debit cards are accepted. If you do not have enough funds loaded on your Card, you can instruct
the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds.
These are called "split transactions" and some merchants do not permit them. You may also use
your card to obtain cash at ATMs designated by us, at ATMs displaying the MasterCard name or logo (as well
as the Star name or logo), or at merchants that have agreed to provide cash back at the point of sale. Each time you use
the Card to purchase goods or services or obtain cash, you authorize us to reduce the value available on the
Card by the amount of the transaction plus applicable fees.
We will provide you our bank routing number and assign you a 13-digit Account Number. Our bank routing
number and your 14-digit account number is available online at www.eVantageCard.com by logging in to your Card
Account, and will be provided to you with your card. The bank routing number and your assigned Account
Number are for the purpose of initiating direct deposits to your Card Account. The 16-digit Card Number
embossed on your Card should not be used for these types of transactions or they will be rejected.
You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services;
(ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or
unauthorized disclosure of any Access Information used to access the Card Account information or Card funds;
(iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. The Card may not
be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process
any transaction that we believe violates the terms of this Agreement.
Limitations on Card Usage. All transactions are subject to the limitations set forth in this Agreement, and
no transaction may exceed the value available on your Card Account.
Maximum Card to Card Receipt of Funds per Transfer
Maximum Card to Card Sending of Funds per Transfer
Daily Maximum Card to Card Receipt of Funds
Daily Maximum Card to Card Sending of Funds
Monthly Maximum Card to Card Receipt of Funds
Monthly Maximum Card to Card Sending of Funds
Maximum Daily Load
Maximum Monthly Load
Daily ATM or Over the Counter Cash Withdrawal Limit – Domestic
Monthly ATM or Over the Counter Cash Withdrawal Limit – Domestic
Daily ATM or Over the Counter Cash Withdrawal Limit – International
Monthly ATM or Over the Counter Cash Withdrawal Limit – International
Maximum PIN Cash Back in a Single Transaction
Monthly Maximum PIN Cash Back
Maximum Purchase Limit (PIN or Signature)
Maximum Monthly Purchase Limit (PIN or Signature)
Maximum Daily Purchase Limit (PIN or Signature)
Maximum Card to Bank Transfer Using My Account
Maximum Monthly Card to Bank Transfer Using My Account
Maximum Daily Card to Bank Transfer Using My Account
Maximum Bank to Card Transfer using My Account
Maximum Daily Bank to Card Transfer using My Account
Maximum Monthly Bank to Card Transfer using My Account
Maximum ACH Debit Transaction Not Using My Account
Monthly Maximum ACH Debit Transaction Not Using My Account
Maximum Card Balance
Maximum Primary Card to Companion Card Receipt of Funds per Transfer
Maximum Companion Card to Primary Card Sending of Funds per Transfer
Daily Primary Card to Companion Card Receipt of Funds
Daily Companion Card to Primary Card Sending of Funds
Monthly Primary Card to Companion Card Receipt of Funds
Monthly Companion Card to Primary Card Sending of Funds
Maximum Daily Purchase Limit (PIN or Signature)
Maximum Monthly Purchase Limit (PIN or Signature)
Maximum Card Balance
Loading Your Card. You may add funds to your Card, called "loading," at any time.
The maximum load amount is $5,000.00, depending on the method of loading funds. The maximum
amount of value that can reside on the Primary Card Account at any time is $10,000.00 and $3,000.00 for the
Companion Card. The Companion Card must receive funds by a card-to-card transfer from the associated Primary Card.
No external loads are permitted on Companion Cards. We reserve the right to accept or reject any request to reload value to the Card. The Card
Account may only be reloaded by you. There may be a fee imposed by the originating bank or retailer for a
load transaction. Loads are subject to appropriate anti-fraud verification. Certain delays may be required
to assure funds are available for loads prior to crediting to your Card Account and making funds available
Retail Loads. To add money to your Card Account using cash, you will need to take your cash to a store
location that offers one of the following money transfer services:
MasterCard® rePower™ locations
licensed under U.S. Patent Nos. 6,000,608 and 6,189,787.
Cash deposits to the Card made through a merchant or bank are generally available instantly subject to
appropriate anti-fraud verifications. Companion Cards do not have the availability to reload through MasterCard rePower.
Loads by Direct Deposit. You may arrange to have direct deposits made to your Card Account by your employer
or another appropriate payor. You must enroll with such third party, using information that we will provide
to you. You can call us at 1-888-623-3314 or log in to your Card Account information at
https://myaccount.eVantageCard.com to find out whether or not the deposit has been made. You may cancel the direct
deposit authorization at any time by sending a written notice to the transferor and providing the transferor
and the Bank sufficient time to act upon the notice before the next scheduled transfer date. Companion Cards do not have the availability to accept loads by Direct Deposit.
No Loads by Check or Money Order. We do not accept loads by check or money order.
PIN: A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your
transaction. Some merchants may require you to make purchases using a PIN rather than your signature. A PIN
was provided to you at the time you activated the Card. Only one (1) PIN will be issued for the Card. To
prevent unauthorized access to the Card balance, you agree to keep your PIN confidential. We recommend that
you memorize your PIN and do not write it down. If you forget your PIN or want to reset your PIN, you can
log in to your account on our website, www.eVantageCard.com or call 1-888-623-3314. Do not share your PIN.
Your PIN may also be used to (i) obtain cash or check your balance at any ATM that bears the NYCE or Maestro
brand or (ii) obtain cash at merchants [or banks] that have agreed to provide cash back at POS terminals
bearing the Maestro brand. The maximum amount of cash you may withdraw at an ATM on a daily basis is listed
above. Merchants, banks, and ATM operators may impose additional withdrawal limits. You will be charged a fee
by us for each cash withdrawal made at an ATM in the amount disclosed in the section entitled “Card
Fees” set forth below. In addition, when you use an ATM not owned by us, you may be charged a fee by
the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not
complete a fund transfer).
Merchant Authorization Holds. When you use your Card Account to pay for goods or services, certain merchants
may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the
transaction, we commit to make the requested funds available when the transaction finally settles and may
place a temporary hold on your Card's funds for the amount indicated by the merchant (which may be
more than the final settled transaction amount). We also may add an amount for certain merchants to ensure
that sufficient funds will be available to cover the final transaction. Transactions at certain merchants
that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization"
or "hold" on your available balance for up to thirty (30) days. Until the transaction finally
settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be
available to you for other purposes. We will only charge your Card Account for the correct amount of the
final transaction, however, and will release the hold on any excess amount when the transaction finally
Negative Balance. Because you may be assessed transaction fees even if a transaction is declined, it is
possible for a rejected transaction to cause your Card Account to have a negative balance and be overdrawn.
We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount
immediately, without further demand. We may deduct the overdraft amount from any current or future funds on
this or any other Card Account you activate or maintain. If your Card Account has a zero or negative
balance, we may, at our option, cancel your Card Account without notice. The Primary Card is responsible for any Companion Cards under the account.
We may, at our option, accept an alternate form of payment to pay off a Card Account that has a negative balance.
The Primary Cardholder may request an additional card for a Companion Cardholder.
A Companion Cardholder must reside in the United States.
Any transaction initiated by the Companion Cardholder is subject to the terms and limits described in this agreement.
The maximum number of Companion Cards that a Primary Card can have is two (2).
The Primary’s account must be in good standing. Companion or Primary Cards may be closed at any time.
The minimum age to acquire a Companion Card is thirteen (13).
Preauthorized Payments from Your Card. You may preauthorize a merchant to make recurring electronic funds
transfers from your Card Account. If these regular payments may vary in amount, the person you are going to
pay will tell you ten (10) days before the payment is due when it will be deducted from your Card Account
value and how much it will be. If you have told us in advance to make regular, recurring payments from your
Card Account, you can stop any of these payments by calling us at 1-888-623-3314 or writing to us at eVantage
Prepaid MasterCard, P.O. Box 81888, Las Vegas, NV 89180-1888 in time for us to receive your request at least
three (3) business days or more before the payment is scheduled to be made. Fees may apply for a stop
payment; please see the fee schedule for more information. If you call, we may also require you to put your
request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of
these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we
will be liable for your losses or damages.
Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card Account
will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.
Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality, or any other
aspect of goods and services that you purchase from others with a Card. All such disputes should be
addressed to the merchants from whom the goods and services were purchased.
Reversal. Point-of-sale transactions cannot be reversed. If you authorize a transaction and then fail to
make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated
purchase amount for up to seven (7) days.
Schedule of Fees and Charges. We will charge you, and you agree to pay, the fees and charges set forth in the
Schedule of Fees and Charges below. You may also go to www.https://eVantageCard.com/Fees to view a complete list of fees. We generally deduct fees and charges from the Card Account at the time a fee or charge is incurred. The
owners of ATMs or other networks may impose an additional charge to use their terminals. Such other fees and
charges may be deducted from your Card Account. If you request a service that is not included in the Schedule
of Fees and Charges and there is a fee for such service, it will be disclosed at that time and you agree that
any such fee may be deducted from your Card Account.
Fee Amount for Primary Card
Fee Amount for Companion Card
New Account (one-time charge)
Monthly Service Charge
Charged on the first day of each calendar month.
No Fee first replacement within a rolling 6-month period, $4.99 per replacement card thereafter.
Expedited Shipment of Replacement Card
ATM and Over the Counter Cash (per transaction)
ATM Withdrawal at a Surcharge-Free ATM
Over 55,000 surcharge-free ATMs in the USA
ATM Withdrawal at a Non-Surcharge-Free ATM/Cash Transaction – Financial Institution
Domestic and International
International Purchase Fee
2% of purchase amount
2% of purchase amount
* $0.00 if loading $20 on card at time of
** Waived if $750 loaded previous month
*** No fee for the first replacement
card in a rolling 12-month period if card has direct deposit.
Receipts and Transaction History.
Receipts. You should get a receipt from the merchant, bank, or ATM at the time you make a transaction or
obtain cash using your Card. Please note there are some merchants that choose not to provide a receipt if
the amount of the transaction is $15 or less.
Card Account Balance and Transaction History.
You can obtain information about the current available balance
in your Card Account by calling 1-888-623-3314. You will not be assessed a fee to check your balance using
our automated telephone system or to speak to a live agent. You may also obtain your balance information,
along with a 60-day history of your account transactions, at no charge by logging in to your Card Account at
.You also have the right to obtain a 60-day written history of
account transactions by calling 1-888-623-3314 or by writing us at eVantage Prepaid MasterCard, P.O. Box
81888, Las Vegas, NV 89180-1888.
Foreign Transactions. If you obtain your funds (or make a purchase) in a currency other than U.S.
dollars, the amount deducted from your funds will be converted by the MasterCard International Card
Association into U.S. dollars. The MasterCard International Card Association will establish a currency
conversion rate for this convenience using a rate selected by the MasterCard International Card Association
from the range of rates available in wholesale currency markets for the applicable central processing date
which may vary from the rate the MasterCard International Card Association itself receives, or the
government-mandated rate in effect for the applicable central processing date, in each instance.
Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete, or change
the terms of this Agreement by sending you a notice of such changes. We will give you notice at least
twenty-one (21) days before the effective date of any change if the change would result in: (i) increased
fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available
electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers.
Advance notice may not be given, however, if we need to make the change immediately in order to maintain or
restore the security of your Card or Card Account or any related payment system. If any such change becomes
permanent and disclosure to you of the change would not jeopardize the security of the Card Account or any
related payment system, we will provide notice to you within thirty (30) days after making the change.
Cancellation and Suspension. We reserve the right, in our sole discretion, to limit your use of the Card. We
may refuse to issue a Card Account or may revoke Card Account privileges with or without cause or notice,
other than as required by applicable law. If you would like to cancel the use of your Card, contact us at
1-888-623-3314. You agree not to use or allow others to use an expired, revoked, cancelled, suspended, or
otherwise invalid Card. Our cancellation of Card Account privileges will not otherwise affect your rights
and obligations under this Agreement. If we cancel or suspend your Card Account privileges through no fault
of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement.
Card Expiration/Settlement. Subject to applicable law, you may use the Card only through its expiration
date, which is stated on the front of the Card. If you attempt to use the Card or add funds to your Card
Account after the expiration date, the transactions may not be processed. If there is a balance remaining in
your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card
in order to access the funds in your Card Account. If we do not choose to issue a new Card to you or if we
cancel your Card Account for any reason, we will attempt to refund to you the balance remaining in your Card
Account less any amounts owed to us (e.g., fees and charges). A check made payable to you will be mailed to
you at the latest postal address reflected in our records.
Unclaimed Property. For Card Accounts with no activity for three (3) years or such other period as may be
prescribed by applicable state law, the funds in your Card Account will be presumed to be abandoned. Card
funds in Card Accounts will be remitted to the custody of the applicable state agency in accordance with
state law, and we will have no further liability to you for such funds. You must notify us of a change of
address by logging into your Card Account at www.eVantageCard.com or by calling Customer Service at
Information Given to Third Parties. We may disclose information (including personally identifiable
information) to third parties about you, the Card, your Card Account, and the transactions related to the
Card or Card Account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to
verify the existence and condition of the Card or Card Account for a third party (e.g., a merchant); (iii)
in order to comply with any law or to comply with requirements of any government agency or court order; (iv)
if you give us your written consent; (v) to service providers who administer the Card or the Card Account or
perform data processing, records management, collections, and other similar services for us, in order that
they may perform those services; (vi) in order to prevent, investigate, or report possible illegal activity;
(vii) in order to issue authorizations for transactions on the Card; (viii) in accordance with our Privacy
Website Availability. Although considerable effort is expended to make the website and other means of
communications and access available around the clock, we do not warrant that these forms of access will be
available and error-free at all times. You agree that we will not be responsible for temporary interruptions
in service due to maintenance, website changes, or failures, nor shall we be liable for extended
interruptions due to failures beyond our control, including but not limited to the failure of
interconnecting and operating systems, computer viruses, forces of nature, labor disputes, and armed
We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of
systems and software used by you to interface with our systems or systems and software utilized by you to
initiate or process banking transactions, whether such transactions are initiated or processed directly with
our systems or through a third-party service provider. You acknowledge that you are solely responsible for
the adequacy of systems and software utilized by you to process banking transactions and the ability of such
systems and software to do so accurately.
Confidentiality and Security. To prevent unauthorized access to your Card and Card Account, you agree to
keep your Access Information confidential. We recommend that you memorize your Access Information and do not
write it down. If you believe the security of your Access Information has been compromised in any way (for
example, your password has been lost or stolen, someone has attempted to use our website under your user
name without your consent, or your Card has been accessed), you must notify us immediately. Under certain
circumstances, we may deny your access to our website in order to maintain or restore security or
performance of the website. We may do so if we reasonably believe your Access Information has been or may be
obtained or is being or may be used by an unauthorized person. We may try to notify you in advance, but
cannot guarantee we will do so.
How to Notify Us of Lost or Stolen Card, PIN, or Unauthorized Transfers. If you believe your Card or any
other Access Information has been lost or stolen, call 1-888-623-3314 or write:
eVantage Prepaid MasterCard,
P.O. Box 81888, Las Vegas, NV 89180-1888.
You should also call the number or write to the address listed
above if you believe a transfer has been made using the information from your Card or Access Information
without your permission.
Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or Access Information
has been lost or stolen or if you believe that an electronic funds transfer has been made without your
permission. Telephoning us at 1-888-623-3314 is the best way to minimize your possible losses. You could
lose all the money in your Card Account. You agree that any unauthorized use does not include use by a
person to whom you have given authority to use your Card Account or Access Information and that you will be
liable for all such uses and funds transfers by such person(s). You should not authorize anyone that is not
named on the card to use the card.
If you tell us within 2 business days after you learn of the loss or theft of your Card or Access Information,
you can lose no more than $50 if someone used your Card or Access Information without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card
or Access Information and we can prove we could have stopped someone from using your Card or Access
Information without your permission if you had told us within this time frame, you could lose as much as
$500 if someone used your Card or Access Information without your permission.
Also, if your electronic history shows transactions that you did not make, including those made by Card,
Access Information, or by other means, tell us AT ONCE. If you do not tell us within 120 days after the
alleged unauthorized transfer was credited or debited to your Card Account, you may not get back any money
you lost after this period 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 learning of the
unauthorized transaction and telling us, we will extend the time periods for a reasonable period in our sole
Additional Limits on Liability Under MasterCard International Rules.
Under MasterCard Rules, you will not be liable for any unauthorized transactions using your Card Account for
point-of-sale transactions if (i) you can demonstrate that you have exercised reasonable care in
safeguarding your Card from risk of loss or theft, (ii) you have not reported to us two (2) or more
incidents of unauthorized use within the prior twelve-month period, and (iii) your Card Account is otherwise
in good standing. This additional limit on liability does not apply to ATM transactions or to transactions
using your PIN which are not processed by MasterCard. You must notify us within 2 days after the electronic
statement was made available to you showing unauthorized transaction(s) in order to take advantage of any
such limited liability provisions.
Our Liability for Failing to Make Transfers. 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 may be liable for your
losses or damages. However, there are some exceptions. We will not be liable, for instance:
if, through no fault of ours, your Card funds are insufficient for the transaction or are
unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject
to legal process);
if a computer system, ATM, or POS terminal was not working properly and you knew about the problem
when you started the transaction;
if the ATM where you are making the transfer does not have enough cash;
if a merchant refuses to honor your Card;
if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency)
prevent the transaction, despite reasonable precautions that we have taken;
if any failure or malfunction is attributable to your equipment, to merchant or ATM equipment, or to
any internet service or payment system;
if you attempt to use a Card that has not been properly activated;
if an employee of a load network (Vanilla Prepaid Reload, GreenDot Reload Network, or MasterCard
rePower) did not properly transmit information to us;
if your Card or Access Information has been reported as lost or stolen, if your Card Account has
been suspended by us, or we have reason to believe the transaction is not authorized by you; or
as otherwise provided in this Agreement.
Information About Your Right to Dispute Errors. In case of errors or questions about your Card Account,
please contact us as soon as possible at 1-888-623-3314 or write to us at eVantage Prepaid MasterCard, P.O.
Box 81888, Las Vegas, NV 89180-1888 We must allow you to report an error until 120 days after the transfer
allegedly in error was credited or debited to your Card Account. You may request a written history of your
transactions at any time by contacting us at the telephone number or address above. You will need to tell
us: (1) your name, (2) your Card Number, (3) why you believe there is an error, (4) the dollar amount
involved, and (5) 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 provisionally credit your Card 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 Card 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 provisionally credit your Card 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
us at the telephone number shown above.
eVantage Prepaid MasterCard, as the third party that administers the Card program, is
responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions
regarding your Card, you may call 1-888-623-3314 or write eVantage Prepaid MasterCard, P.O. Box 81888, Las
Vegas, NV 89180-1888 or visit www.eVantageCard.com
Communications. We may contact you from time to time regarding your Card Account. We may contact you in any
manner we choose unless the law says that we cannot. For example, we may:
contact you by mail, telephone, email, fax, recorded message, text message, or personal visit;
contact you by using an automated dialing or similar device (“Autodialer”);
contact you at your home and at your place of employment;
contact you on your mobile telephone;
contact you at any time, including weekends and holidays;
contact you with any frequency;
leave prerecorded and other messages on your answering machine/service and with others; and
identify ourselves, your relationship with us, and our purpose for contacting you even if others
might hear or read it.
Our contacts with you about your Card Account are not unsolicited and might result from information we
obtain from you or others. We may monitor or record any conversation or other communication with you. Unless
the law says we cannot, we may suppress caller ID and similar services when contacting you regarding your
card. When you give us your mobile telephone number, we may contact you at this number using an auto-dialer
and can also leave prerecorded and other messages.
If you ask us to discuss your Card Account with someone else, you must provide us with documents that we ask
for and that are acceptable to us.
Change of Address: If your U.S. mail or postal address changes, you must notify us immediately. Failure to
do so may result in information regarding the Card or Card Account being mailed to the wrong person or your
transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds
available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the
last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of
address from the U.S. Postal Service. You also agree that if you attempt to change your address to a
non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this
Governing Law, Court Proceedings, Damages, Arbitration: Except as set forth in the Waiver of Jury Trial and
Arbitration Agreement below, (1) this Agreement will be governed by, construed, and enforced in accordance
with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this
Agreement or any services hereunder shall be brought only before a federal or state court in the State of
Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with
the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders, or legal
processes of any type, we are entitled to rely on the representations therein and may comply with them in
our own discretion without regard to jurisdiction.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.
UNLESS YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY
DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING
THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION
RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED
ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved
by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et
seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).
What Arbitration Is. "Arbitration" is a means of having an independent third party resolve a
Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute
is to be given its broadest possible meaning and includes, without limitation, all claims or demands
(whether past, present, or future, including events that occurred prior to your application for a Sunrise
Banks account or Card and whether or not a Sunrise Banks MasterCard prepaid card is provided to you, based
on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought
(i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without
limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common
law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.
For purposes of this arbitration agreement, the terms "you" and "your" include any
Authorized User, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative,
or trustee in bankruptcy. The terms "we," "our," and "us" mean either the Bank
and include employees, officers, directors, members, managers, attorneys, affiliated companies,
predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and
agents of either or both.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate
arbitration, provided you or we may first try to resolve the matter informally or through customary business
methods, including collection activity. The party filing an arbitration complaint must choose either of the
following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association ("AAA")
or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge,
may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or
select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration
firms and forms and instructions for initiating arbitration by contacting them as follows:
American Arbitration Association
1633 Broadway, 10th Floor
New York, NY 10019
Telephone (800) 778-7879
JAMS, The Resolution Experts
1920 Main Street, Suite 300
Irvine, CA 92614
Telephone (949) 224-1810 or (800) 352-5267
In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another
neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator
cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a
jury, for resolution on an individual and not a class-wide basis.
The policies and procedures of the selected arbitration firm will apply provided such policies and
procedures are consistent with this arbitration agreement. To the extent the arbitration firm's rules or
procedures are different than the terms of this arbitration agreement, the terms of this arbitration
agreement will apply.
What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing
fees and other costs or fees of arbitration, provided each party will be initially responsible for its own
attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and
reasonable attorneys' fees to the party who substantially prevails in the arbitration.
Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted
in the county where you reside.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to
participate in a class action lawsuit, and to certain discovery and other procedures that are available in a
lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings
and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and
enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be
determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such
court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be
decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a
class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or
in equity to the prevailing party.
Applicable Law and Review of Arbitrator's Award. The arbitrator shall apply applicable federal and
Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this
arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator
shall make written findings and the arbitrator's award may be filed with any court having jurisdiction.
The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement
and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in
addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an
award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are
supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive
law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be
entered only if a court determines that the award is supported by substantial evidence and is not based on
legal error under the substantive law of Minnesota and applicable federal law.
Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of
this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this
Agreement, or any amounts owed under this Agreement, to any other person or entity.
Right to Opt Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and
conditions of this section, you must advise us in writing at the following address by either hand delivery
or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may
opt out without affecting your application or cardholder status.
200 University Avenue West Suite 200
Saint Paul, MN 55103
Assignability. We may assign or transfer our rights and obligations under this Agreement at any time without
prior notice to you. The Card Account established under this Agreement is not assignable or transferable by
you. Notwithstanding the foregoing, this Agreement shall be binding on you, your Authorized Users, your
heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
Miscellaneous Provisions: We do not waive our rights by delaying or failing to execute them at any time. To
the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to
be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal
proceeding involving your Account. If a court finds any provision of this Agreement invalid or
unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the
fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable
or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of
this Agreement in all other respects shall remain valid and enforceable.
WHAT DOES SUNRISE BANKS, N.A. DO WITH YOUR PERSONAL INFORMATION?
Financial Companies choose how they share your personal information. Federal law gives consumers the right to limit some (but not all) sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information that we collect and share depend on the product or service you have with us. This can include:
Social Security Number and Date of Birth
Address of Residence and Government-Issued Identification
When you are no longer our customer, we continue to share your information as described in this notice.
All Financial Companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons Financial Companies can share their customers’ personal information; the reasons Sunrise Banks, N.A. chooses to share; and whether you can limit the sharing.
Reasons we can share your personal information
Does Sunrise Banks, N.A. Share?
Can you limit this sharing?
For our everyday business purposes –
such as to process your transaction, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus.
For our marketing purposes –
to offer our products and services to you.
For joint marketing with other financial companies.
For our affiliates’ everyday business purposes –
information about your transactions and experiences.
For our affiliates’ everyday business purposes –
information about your creditworthiness.
We don’t share
For our affiliates to market to you.
We don’t share
For non-affiliates to market to you.
We don’t share
Who is providing this notice?
Sunrise Banks, N.A.
How does Sunrise Banks, N.A. protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Sunrise Banks, N.A. collect my personal information?
We collect personal information, for example, when you:
Open a Card Account or use your card
Pay your bills or make a purchase
Give us your contact information
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit only:
Sharing for affiliates everyday business purposes - information about your creditworthiness
Affiliates from using your information to market to you
Sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Companies related by common ownership or control. They can be financial and non-financial companies.
Our affiliates include financial companies such as University Financial Corp. dba Sunrise Banks.
Companies not related by common ownership or control. They can be financial or non-financial companies.
Sunrise Banks, N.A. does not share with non-affiliates so they can market to you.
A formal agreement between non-affiliated financial companies that together market financial products or services to you.
Our joint marketing partners include prepaid card companies.