| All fees | Amount | Details |
|---|---|---|
| Get Started | ||
| Card purchase | $0.00 | This fee is assessed by the third party retailer when purchased. |
| Activation Fee | $5.99 | This fee is assessed when funds are first loaded on cards ordered directly from Servicios Broxel S.A.P.I. de C.V. (“Broxel”) |
| Monthly fee | $3.50 | Per month per card and reimbursed if one (1) remittance transfer to Mexico occurs per month. |
| Cash reload | $4.95 | Broxel does not charge a fee. Fees of up to $4.95 may apply when reloading your Card at GreenDot reload locations. Locations can be found at https://secure.attheregister.com/locations |
| Remittance transfer to Mexico | $3.99 | Per transaction. |
| Card-to-bank (ACH Domestic) | $1.99 | Per transaction when such transaction is performed from a card holder´s account to a domestic bank |
| Cardholder-to-cardholder transfer | $0.95 | Per transaction within Broxel´s Visa® Prepaid Card Program. |
| ATM withdrawal | $1.50 | You may also incur additional fees by the ATM owner Per transaction. |
| Bank Teller Withdrawal | $1.50 | Per transaction. |
| Information | ||
| Customer service (automated and live agent) | $0.00 | No fee for calling customer service (automated or live agent) for inquiries including balance inquiry |
| ATM balance inquiry (in-network) | $0.00 | Third-party fees may apply. |
| ATM balance inquiry (out-of-network) | $0.00 | Third-party fees may apply. |
| Using your Card outside the U.S. | ||
| International ATM withdrawal | $1.00 | Per transaction. Broxel charges $1.00 USD. If additional amounts are applied these will be charged by the ATM Owner. |
| International ATM balance inquiry | $0.00 | Third-party fees may apply. |
| Other | ||
| Inactivity | $0.00 | No cost. Card will be canceled after twelve (12) months of no cardholder-initiated or authorized transactions. |
Your funds are eligible for deposit insurance up to the applicable limits by the Federal Deposit Insurance Corporation (“FDIC”). Your funds will be held at Pathward N.A. or placed by Pathward as custodian at one or more participating FDIC-insured banks (each a “Program Bank”). In the event the FDIC were to be appointed as a receiver for Pathward or a Program Bank your funds aggregated with any other funds you have on deposit at such institution would be eligible to be insured up to $250,000 for each legal category of account ownership subject to compliance with FDIC deposit insurance requirements. You are responsible for monitoring the total amount of all direct or indirect deposits held by you or for you with Pathward and the Program Banks for purposes of monitoring the amount of your funds eligible for coverage by FDIC insurance. To assist with calculating your FDIC deposit insurance coverage the FDIC has an Electronic Deposit Insurance Estimator available at https://edie.fdic.gov. For more information see also https://www.fdic.gov/deposit/deposits/prepaid.html.
No overdraft/credit feature.
Contact Customer Service by calling; from the US: 1-855-279-2720; from Mexico: 55-8890-9835; and from anywhere in the world: 1-801-677-8612 by mail at 2700 Post Oak Blvd. 21st Floor Suite 22-107 Houston TX 77056 or visit https://broxel.com/us/legals/
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.
Address: 2700 Post Oak Blvd. 21st Floor Suite 22-107 Houston TX 77056
Website: https://broxel.com/us/legals/
Phone Number: 1-855-279-2720
(1) Please read carefully. This agreement contains an arbitration clause requiring all claims to be resolved by way of binding arbitration.
(2) Always know the exact dollar amount available on the card. Merchants may not have access to determine the card balance.
(3) By accepting, signing, or using this card, you agree to be bound by the terms and conditions contained in this agreement.
(4) By using this card, you are also agreeing to Pathward National Association’s privacy policy (attached). Program managers may have different privacy practices so it is important you review their policy as well if applicable.
This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Financiera para el Bienestar® Visa® Prepaid Card (“Card”) has been issued to you by Pathward 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 Pathward National Association a federally-chartered bank member FDIC and its divisions or assignees and also includes unless otherwise indicated our Program Manager. “Program Manager” refers to Servicios Broxel S.A.P.I. de C.V. who performs certain services related to your Card on Pathward National Association’s behalf. 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 fee schedule otherwise known as the “Long Form” is attached to and considered part of this Agreement.
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 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. 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.
Pathward N.A. will act as custodian of your funds upon its receipt of your funds. Once your Card is activated you will be able to provide Pathward as custodian with instructions about the funds accessible through the Card. Activation of the Card authorizes us to hold your funds at Pathward or as custodian to place your funds at one or more participating FDIC-insured banks (each a “Program Bank”). Visit www.pathwardprogrambanks.com to find the most up-to-date list of Program Banks. If you do not agree to your funds being held by us at Pathward or placed by Pathward as custodian at other Program Banks please immediately transfer or spend all the funds on your Card or contact Customer Service above to cancel the Card and request your funds in the form of a paper check at no charge. For more information on FDIC deposit insurance limits and related conditions please refer to the Long Form section at the beginning of this Agreement.
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. You may be limited in use and features until we have been able to successfully verify your identity.
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) the personal information that you have provided to us is true correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.
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 Card only and does not apply to ATM transactions PIN transactions not process 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.
For purposes of this Agreement our business days are Monday through Friday excluding Federal holidays. Customer Service hours may differ.
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 as long as you do not exceed the value available in your Card account.
Your Card can also be used to:
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: (i) Automated Clearing House ("ACH") loads (e.g. direct deposit); (ii) Loading cash through one of our reload locations. See available locations at https://secure.attheregister.com/locations ; (iii) through international remittances transfers . 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. If you arrange to have funds transferred directly to your Card from a third party through an ACH load you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you. The only federal payments that may be loaded to your Card via ACH credit are federal payments for the benefit of the primary cardholder. If you have questions about this requirement please call Customer Service. 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.
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 | |
|---|---|
| Limitations | Limit |
| Maximum Card balance at any time | USD $20,000.00 (includes all cash and direct deposit loads) |
| Total number of times you can reload your Card | No limit provided if you do not exceed the cumulative daily loads amount |
| Total Combined Value Load Limits | USD $20,000.00 per day including any combination of the load types listed in the rows below: |
| Direct deposits | USD $20,000.00 per day USD $40,000.00 per month |
| Cash deposits (load networks via retail locations) | USD $1,000.00 per day USD $5,000.00 per month |
| Cardholder-to-cardholder transfers | Up to USD $2,500.00 per transaction USD $2,500.00 daily maximum reload USD $15,500.00 per month |
| ACH deposits (bank-to-card transfers) | Up to USD $5000.00 per transaction USD $5,000.00 daily maximum reload USD $15,500.00 per month |
| Withdrawal Limitations | Limit |
| Remittances | USD $2,500.00 per day USD $9,999.00 per month |
| Cumulative Cash | USD $4,500.00 per day |
| Cash withdrawal (ATM) | USD $1,000.00 per day does not include fees |
| OTC withdrawal (bank teller) | USD $2,500.00 per day |
| Spend Limitations | Limit |
| Purchases (POS) | USD $5,000.00 per day (the “Daily Purchase Limit”) |
| Cardholder-to-cardholder transfers | USD $2,500.00 per transaction USD $15,500.00 per month |
| ACH (card-to-bank transfers) | USD $2,500.00 per transaction USD $15,500.00 per month |
| Remittances | USD $2,500.00 per day USD $9,999.00 per month |
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:
a. Receipts
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.
f. Account History and Balance
You may obtain information about your Card balance by calling Customer Service. This information along with a 12–month history of account transactions is also available online at the Website mentioned above. You also have the right to obtain at least 24 months of written history of 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.
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.
g. 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.
h. 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.
i. Our liability for failure to complete transactions
j. 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 fund transfer).
k. Preauthorized Credits
If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company the person or company making the deposit should tell you every time they send us the money. You can call Customer Service to find out whether or not the deposit has been made.
l. 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. 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. 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.
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:
When you activate your Card and after your identity has been verified we will give you a Personalized Identification Number ("PIN") that you may use with your Card once your identity has been verified. Only one PIN will be issued for each Card Account. You will need a PIN to obtain cash at an ATM or to make a PIN purchase or obtain cash back at a point-of-sale (“POS”) terminal. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN you should immediately notify Broxel at the channels described in the Customer Service Information.
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. We are not responsible for the quality safety legality or any other aspect of any goods or services you purchase with your Card.
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.
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.
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.
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.
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 legally valid relating to you or your Card. You agree that we will honor valid legal process that is served personally by mail or by facsimile transmission upon us. You agree that we will have no liability to you for honoring any such legal process. You also agree that you be obligated to assert any claims of exemption you may have under state or federal law and that we will have no obligation to assert the same on your behalf except to the extent required under federal law. We will enforce our right of setoff and security interest against any of your Card accounts in order to reimburse us for any sums owed to us. 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. 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.
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 (without regard to the laws regarding conflicts of laws) except to the extent governed by federal law. With the exception of disputes subject to the Arbitration Clause below any disputes relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal and state courts located in the state of South Dakota. You acknowledge and agree that we shall have a right of setoff to apply the funds in your Card Account to any debt that you owe to us. You further grant us a security interest in all of your funds in our possession as collateral for any sums that you owe us under this Agreement. 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.
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.
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: Pathward N.A. Attn: Customer Service 5501 S Broadband Ln Sioux Falls SD 57108.
| Question | Short Answer | Further Detail |
|---|---|---|
| What is arbitration? | An alternative to court | In arbitration a neutral third-party arbitrator (“Arbitrator”) solves Disputes in an informal hearing on an individual basis. |
| 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/establish account etc. You must send the notice in writing (and not electronically) to our Notice Address. Provide your name address and Card/account number. State that you “opt out” of the Arbitration Clause. Opting out will not affect the other provisions of this Agreement. |
| 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 individually or require individual 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 affiliates and their successors and permitted assigns; (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 account application etc. or this Agreement or the relationships between you and us and/or “Related Parties” resulting therefrom including but not limited to initial claims counterclaims cross-claims third-party claims and claims based on any constitution statute regulation ordinance common law rule (including rules relating to contracts torts negligence fraud or other intentional wrongs) and equity. It includes claims that seek relief of any type including damages and/or injunctive declaratory or other equitable relief. 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. The arbitration administrator will be either: The American Arbitration Association ("AAA") 120 Broadway 21st Floor New York NY 10271 www.adr.org. JAMS 620 Eighth Avenue 34th Floor New York NY 10018 www.jamsadr.com Any other company picked by agreement of the parties. If all the above options are unavailable a court with jurisdiction will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Arbitration Clause. The Arbitrator will be selected under the administrator's rules. However the Arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree. |
| Can Disputes be litigated? | Sometimes | Either party may bring a lawsuit if the other party does not demand arbitration. Also any individual claim(s) by you or us in which the amount in controversy (exclusive of attorneys' fees and costs if applicable law so provides) is properly within the jurisdiction of a small-claims court may be removed to small-claims court at the election of the opposing party by providing notice within 21 days of receiving the arbitration demand from the other party; however if that action is transferred removed or appealed to a different court a party may elect arbitration. Even if all parties have opted to litigate a Dispute in court you or we may elect arbitration with respect to any Dispute made by a new party or any Dispute later asserted by a party in that lawsuit or in any related or unrelated lawsuit (including a Dispute initially asserted on an individual basis but modified to be asserted on a class representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Clause. |
| Are you and we giving up any rights? | Yes | For Disputes that are arbitrated under this Arbitration Clause you and we give up our rights to: Have juries decide Disputes. Have courts other than small-claims courts decide Disputes. Serve as a private attorney general or in a representative capacity in court or in arbitration. Join a Dispute that you we or Related Parties have with a dispute that others have. Bring or be a class member in a class action in court or in a class arbitration. The Arbitrator shall have no authority to conduct any arbitration inconsistent with this section or to issue any relief that applies to any person or entity except you or us or Related Parties individually. |
| 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. You may not pursue any type of collective action or class action against us in arbitration. |
| What law applies? | The Federal Arbitration Act (“FAA”) | This Agreement and the Card account authorization etc. 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. The Arbitrator is authorized to award all remedies permitted by applicable substantive law including without limitation compensatory statutory and punitive damages (subject to constitutional limits that would apply in court) declaratory injunctive and other equitable relief and attorneys’ fees and costs. In the event of any conflict or inconsistency between this Arbitration Clause and the administrator’s rules or the Agreement this Arbitration Clause will govern. |
| 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; (2) we transfer or assign our rights under this Agreement or (3) a party files for bankruptcy (if bankruptcy law permits). |
| 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 your Card number identification etc. 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 such as a motion to compel arbitration. Once an arbitration demand is made no lawsuit can be brought and any existing lawsuit must stop unless a court rules otherwise. |
| 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. |
| 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. We will always pay amounts required under applicable law or the administrator's rules. |
| 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. The Arbitrator will determine whether to grant such request. |
| What happens if a part of this Arbitration Clause cannot be enforced? | It depends | If any portion of this Arbitration Clause cannot be enforced the rest of the Arbitration Clause will continue to apply except in two instances. First if a court rules that the Arbitrator can decide a Dispute on a class basis and that ruling is not reversed on appeal then this entire Arbitration Clause (except for this sentence) will be void. Second if a claim is brought seeking public injunctive relief and a court determines that the restrictions in this Arbitration Clause prohibiting the Arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted) then the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. |
Financiera para el Bienestar® Visa® Prepaid Card is issued by Pathward® National Association Member FDIC pursuant to a license from Visa U.S.A. Inc.
© 2024 Pathward National Association