Preview
Donald Sherrill #266038
Alexander Balzer Carr #33 8024
HUNT & HENRIQUES, LLP
7017 Realm Dr., San José CA 95119
Telephone: (800) 680-2426
Facsimile: (408) 362-2299
Attorneys for Plaintiff
File no. 1553873001
CA Debt Collection License No. 10136—99
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Hayward Hall of Justice
10
Portfolio Recovery Associates, LLC Case N0-
11 Plaintiff,
COMPLAINT FOR:
l2
vs. (1) Account Stated
13 (2) Open Book Account
HUNT & HENRIQUES, LLP
SAN JosE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
I4 PRAYER AMOUNT: $2,860.72
7017 REALM DR.
15 MARIA N S LIMITED CIVIL
CO TRERA Amount demanded does not exceed $10,000
16
Defendant(s).
17
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Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges:
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1. Plaintiff is a limited liability company.
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2. This court is the proper court because Plaintiff is informed and believes that
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Defendant, MARIA CONTRERAS (“Defendant”), is a resident of ALAMEDA County, State of
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California.
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3. At all times herein mentioned, Defendants, and each of them, were the principals,
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agents, employers, employees, masters, or servants of each of their co-defendants and ratified,
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adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things
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alleged, were acting in the course and scope of said authority of such agents, servants, and
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employees.
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COMPLAINT
Page I
A 1 1553873001
4. This suit concerns a credit account that was purchased by Plaintiff after January 1,
2014 and, therefore, is subject to California Civil Code § 1788.50, et seq.
COMPLIANCE WITH CIVIL CODE § 1788.50, et seq.
Pursuant to California Civil Code § 1788.58(a)(1)-(9):
5. Plaintiff is a debt buyer.
6. CITIBANK, N.A. issued a credit account to Defendant. Defendant used, or
authorized the use of, the credit account to make purchases and/or transactions. Defendant
received periodic billing statements for the credit account. Defendant defaulted in making the
required payments. Subsequently, Plaintiff was assigned and transferred all right, title and
10 interest in the credit account.
ll 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert
12 the rights of all owners of the debt.
l3 8. The balance at charge-off was $2,860.72. Plaintiff is not seeking to recover any
HUNT 8: HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
14 post charge-off fees or interest.
7017 REALM DR.
15 9. The date of last payment on the credit account was on June 15, 2022.
16 10. The name of the charge-off creditor is CITIBANK, NA. and the account number
l7 of the charge-off creditor ended in 1064. An address CITIBANK, N.A. maintained at the time of
18 charge-off was:
19 5800 SOUTH CORPORATE PLACE
2O SIOUX FALLS SD 57108.
21 11. The name and last known address that the charge—off creditor had for Defendant
22 is:
MARIA CONTRERAS
23
29125 DIXON ST APT 5
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HAYWARD CA 94544-5530.
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12. The subject credit account has been purchased by the following entity after
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charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate
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COMPLAINT
Page 2
A 1 1553873001
Blvd., Norfolk, VA 23502.
13. Plaintiff has complied with the requirements of Civil Code section 1788.52.
Notably, section 1788.52(a)(7) requires that Plaintiff possess the California debt buyer license
number when making any written statements to a debtor in an attempt to collect a consumer debt.
The legislation that created this requirement also stated that the licensing provisions shall
become operative January 1, 2022, and that a debt collector that submits an application prior to
January 1, 2022 may operate pending the approval or denial of the application.
14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly
statement recording a purchase, payment or balance transfer prior to charge off.
10 FIRST CAUSE OF ACTION:
ACCOUNT STATED
ll
12 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
13 16. Within the last four years, an account was stated in writing between Defendant
HUNT 8: HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680—2426
FACSIMILE: (408) 362-2299
I4 and CITIBANK, N.A., and on the account a balance of $2,860.72 was stated to be due to
7017 REALM DR.
15 CITIBANK, N.A. from Defendant. Defendant expressly or impliedly agreed to pay CITIBANK,
16 N.A. that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement
17 showing the balance due and owing of $2,860.72.
18 17. Before the commencement of this action, Plaintiff was assigned the credit account
19 and indebtedness. Plaintiff is now the owner and holder of the credit account.
20 18. Plaintiff has made demand on Defendant for repayment of the credit account, but
21 Defendant has failed to pay the balance due.
22 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been
23 posted to the credit account.
24 20. The current balance presently due and owing is $2,860.72.
25 SECOND CAUSE OF ACTION:
OPEN BOOK ACCOUNT
26
27 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs.
28
COMPLAINT
Page 3
A 1 1553873001
22. Within the last four years, Defendant became indebted to CITIBANK, N.A. on an
open book account for money due in the sum of $2,860.72 for money lent, paid, laid out, and/or
extended to or for Defendant at Defendant’s special instance and request and for which
Defendant agreed to pay the above sum.
23. Before the commencement of this action, Plaintiff was assigned the credit account
and indebtedness. Plaintiff is now the owner and holder of the credit account.
24. Plaintiff has made demand on Defendant for repayment of the credit account, but
Defendant has failed to pay the balance due.
25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been
10 posted to the credit account.
11 26. The current balance presently due and owing is $2,860.72.
12
'13 WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
HUNT &; HENRIQUES, LLP
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
14 1. For the current balance presently due and owing of $2,860.72;
7017 REALM DR.
15 2. Costs of suit; and
16 3. Any such other relief as the Court may deem just and proper.
17 Dated: April 23, 2024
By: W
18 Alexander Balzer Carr #338024
HUNT & HENRIQUES, LLP
19 Attorneys for Plaintiff
20
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COMPLAINT
Page 4
A 1 1553873001
EHIBIT A
Account Statement
Send Notice of Billing Errors and Customer Service inquiries to:
‘ . BEST BUY CREDIT SERVICES
CUStomer SEWIce. PO Box 790441, St. Louis, MO 63179
bestbuyaooountonfineoom
Account Inquiries:
1-888-574-1301 (WY: 711)
F W
of Account Ac Payment Information
PreVIous Balance ' New Balance $2,261.90
Minimum Payment Due $901 .90
Payment Due Date July 16, 2022
.00 Late Payment Warning: If we do not receive your minimum payment by the
date listed above, you may have to pay alate tee up to $40.
Minimum Payment Warning: It you make only the minimum payment each
New Balance $2. 261 _90 period, you will pay more in interest and it will take you longer to pay off your
balance For example'
Past Due Amount $128.00 . .. .“a u a.»
Only the minimum payment 11 years $5,308
$3,280
$91 3 years
(Savings=$2,028)
It you would like information about credit counseling services, call 1-877-337-818
(I Y: 711).
'[EIh‘IEI'E
in Billin le 30 g J
Your account is past due
Please make at least your minimum payment within this billing period to avoid any additional tees that may apply.
You can avoid missing payments with automatic payments and stay on top of your account activity with Alerts.
Visit us online or call us at 1—888~620-5879 ('lTY: 1-800—995-9305 for hearing and speech impaired services only).
Hours of Operation:
Monday - Friday: 8:00 am. to 11:00 pm. ET
Saturday: 8:00 am. to 8:00 pm. ET
~ Sunday: 9:00 am. to 8:00 pm. ET
We’re available to assist you with your account.
Please update your phone number, including cell phone number on the back of the payment coupon.
HM 14
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account is Issued by Citibank, NA.
~b Please detach and return lower portion with your payment to ensure proper credit. Retain upper portion tor your records. 9
Payment Due Date July 16, 2022
PO BOX 6204 New Balance $2,261.90
sroux FALLS, so 57117-6204
Past Due AmountI $128.00
Minimum Payment Due $901.90
Statement Enclosed
A we . .t- a a .a. .591.
1Past Due Amount is Included in the Minimum Payment Due.
Please print address changes on the reverse side.
Make Checks Payable to v
BEST BUY CREDIT SERVICES
MARIA CONTRERAS PO BOX 78009
29125 DIXON ST APT 5 PHOENIX, AZ 85062-8009
HAYWARD, CA 94544-5530
Information About Your Account. time period disclosed to you on the phone. There is no fee for making a payment using our
How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the automated voice response system.
close of each billing cycle. We will not charge you any interest on purchases if you pay your New - Agent-Assisted Phone Payments. if you call us to make a payment with the assistance of a
Balance by the payment due date each month. This is called a grace period on purchases. To get a live agent. the payment will be applied the same day and you will be charged a $5.00 agent
grace period on purchases. you must pay the New Balance by the payment due date every billing expedited payment fee.
cycle. If you do not. you will not get a grace period until you pay the New Balance for two billing - Express Mail. Send payment by express mail to: Consumer Payment Dept, 6716 Grade Lane.
cycles in a row. We will begin charging interest on cash advances and balance transfers on the Building 9. Suite 910. Louisville. KY 40213.
transaction date. . Crediting Payments other than by Mail. The payment cutoff time for Online bill payments.
If you have a balance subject to a deferred interest promotion and that promotion does not expire Phone payments, and Express Mail payments is midnight Eastern time. This means that we
before the payment due date, that balance (an "excluded balance") is excluded from the amount will credit your account as of the calendar day. based on Eastern time. that we receive your
you must pay in full to get a grace period on a purchase balance other than an excluded balance. payment request.
In addition. if you have a reduced rate credit plan, that balance (an “excluded balance") is excluded If you send an eligible check with this payment coupon. you authorize us to complete your
from the amount you must pay in full to get a grace period on a purchase balance other than an payment by electronic debit. If we do, the checking account will be debited in the amount on
excluded balance. However. you must still pay any separately required payment on the excluded the check. We may do this as soon as the day we receive the check. Also, the check will be
balance. In billing cycles in which payments are allocated to deferred interest balances first. the destroyed.
deferred interest balance will be reduced before any other balance on the account. However. you
Credit Reporting Disputes. We may report information about your account to credit bureaus.
will continue to get a grace period on purchases. other than an excluded balance. so long as you
If you thinkwe reported inaccurate information, please write us at: Credit Bureau Dispute
pay the New Balance (less any excluded balance. plus any separately required payment on an
Verification. P.0. Box 6497. Sioux Falls. SD 57117.
excluded balance) in full by the payment due date each billing cycle. Deferred interest offers may
also be called Same As Cash or No interest. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1.
In addition. certain promotional offers not described above may also allow you to have a grace What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error
period on purchases without having to pay all or a portion of the promotional balance by the on your statement. write to us at the address for billing errors and customer service inquiries
payment clue date. If that is the case. the promotional offer will describe what happens. shown on Paget of your statement.
How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method In your letter. give us the following information:
(including current transactions) to calculate interest charges. To find out more information about 1. Account information: Your name and account number.
the balance computation method and how the resulting interest charges were determined, contact 2. Dollar amount: The dollar amount of the suspected error.
us at the Account Inquiries number on the front.
3. Description of Problem: If you think there is an error on your bill. describe what you believe is
Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the wrong and why you believe it is a mistake.
Summary of Account Activity.
You must contact us within 60 days after the error appeared on your statement.
Membership Fee. Some accounts are charged a membership fee. To avoid paying this fee. notify
You must notify us of any potential errors in writing, You may call us. but if you do we are not
us that you are closing your account within 30 days of the mailing or delivery date of the statement
required to investigate any potential errors and you may have to pay the amount in question.
on which the fee is billed.
While we investigate whether or not there has been an error. the following are true:
Mlnlmum Interest Charge. If we charge interest. the charge will be no less than $1.
'[IJh‘IL'I'E
' We cannot try to collect the amount in question. or report you as delinquent on that amount.
Other Account and Payment Information. - - The charge in question may remain on your statement. and we may continue to charge you
Payment Amount. You may pay all or part of your account balance at any time. However. you interest on that amount. But. if we determine that we made a mistake. you will not have to pay
must pay. by the payment due date, at leastthe minimum payment due. the amount in question or any interest or other fees related to that amount.
When Your Payment Will Be Credited. If we receive your payment in proper form at our - While you do not have to pay the amount in question. you are responsible for the remainder of
processing facility by 5 pm. local time there. it will be credited as of that day. A payment received your balance.
there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for - We can apply any unpaid amount against your credit limit.
payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment Your Rights It You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied
we receive that is not in proper form or is not sent to the correct address. The correct address for with the goods or services that you have purchased with your credit card. and you have tried
regular mail is the address on the front of the payment coupon. The correct address for express in good faith to correct the problem with the merchant. you may have the right not to pay the
mail is shown in the Express Mail section. remaining amount due on the purchase.
Proper Form. For a payment sent by mail or courier to be in proper form. you must: To use this right. all of the following must be true:
- Enclose a valid check or money order. No cash. gift cards. or foreign currency please.
I. The purchase must have been made in your home state or within 100 miles of your current
- Include your name and the last four digits of your account number. mailing address. and the purchase price must have been more than 550. (Note: Neither of these
Payment Other Than By Mail. are necessary if your purchase was based on an advertisement we mailed to you. or if we own
- In-Store (Where Available). Any payment in proper form accepted in-store will be credited as the company that sold you the goods or services.)
of that day. However, credit availability may be subject to verification of funds. Not all stores 2. You must have used your credit card for the purchase. Purchases made with cash advances
accept payments. Contact your local store to see if in—store payments are accepted at that from an ATM or with a check that accesses your credit card account do not quality.
location, 3. You must not yet have fully paid for the purchase.
- Online/AutoPav. Go to the URL on Page I of your statement to make a payment online. You If all of the criteria above are met and you are still dissatisfied with the purchase. contact us ig
can also enroll in AutoPay and have your payment amount automatically deducted each month writing at the address for billing errors and customer service inquiries shown on Paget of your
from the payment account you choose. statement.
- Phone. Call the number on Paqel of your statement to make a payment by phone, For phone While we investigate, the same rules apply to the disputed amount as discussed above. After we
payments. you authorize us to electronically debit your specified bank account by an ACH finish our investigation. we will tell you our decision. At that point. if we think you owe an amount
transaction in the amount and on the date that you indicate on the phone. You may cancel a and you do not pay. we may report you as delinquent.
phone payment by calling us at the Customer Service number at the top of Page 1 within the BBY MC NA FEBZO
/A/- HM . 3356-7203—0001 - N2 -/E/- 4434802025 - E -/C/- E - 0 - X - 42 -/D/- R - E - Y - 0 - Y -lE/- 1 - - -N- -0-0~/F/-01/21/21—12/01/17-54- May 22,2022
lGl-N- - - -/H/-O- -YZAQ-V -l|/-N-OF-0-0- - -/J/- - - -20038- -0520
Page 2 of 4
Please provide change of address and update/add your
phone numbers'here: (Use blue or black ink.)
‘Cell: 'Home:
'Phone: By giving us a cell number or a number later converted to a
cell number. you agree that we or our service providers can contact
you at that number by autodialer, recorded or artificial voice. or a text.
Your phone plan charges may apply.
Account: **** **** **** 1064
TRANSACTIONS
Trans Date Description Reference if Amount
06/15 ONLINE PAYMENT DEERFIELD IL 7426937HNEYBSXMJG $ 100.00-
FEES
06/16 LATE FEE $ 40.00
TOTAL FEES FOR THIS PERIOD 3 40.00
INTEREST CHARGED
06/21 INTEREST CHARGE ON PURCHASES $ 48.56
TOTAL INTEREST FOR THIS PERIOD 5 48.56
Total Fees Charged in 2022 $200.00
Total Interest Charged in 2022 $961.68
ACTIVITY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Promo Payments Cash Adv, Promotion Deferred Promotion
Trans Trans Previous 8: Other Fees & Interest New Minimum Interest Expiration
Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date
PURCHASES
REGULAR
Eflh‘lCl’E
$2,273.34 $1 00.00 $40.00 $48.56 $2,261.90 - -
CASH ADVANCES
REGULAR
TOTAL $2,273.34 $100.00- $40.00 $48.56 $2,261.90 $0.00 $0.00
INTEREST CHARGE CALCULATION Your Annual Rate is the annual interest rate on account.
.3 test -
PU
.57
Pay your bill with just a text.
Page 3 of 4
E EH1 HUT
BageA 'o'fi4=
Account Statement
Send Notice of Billing Errors and Customer Service Inquiries to:
Customer service: BEST BUY CREDIT SERVICES
V. cm My Best Buy® A I momma-mm PO Box 790441,St. Louis,MO 63179
. ccount nquiries: ‘ -
Visa‘” Card 1-888-620-5879 (TTY: 711)
fi . W
Sum of Account Ac Payment Information
Prevnous Balance New Balance $2,860.72
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Donald Sherrill #266038 Alexander Balzer Carr #33 8024 HUNT & HENRIQUES, LLP 7017 Realm Dr., San José CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff File no. 1553873001 CA Debt Collection License No. 10136—99 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Hayward Hall of Justice 10 Portfolio Recovery Associates, LLC Case N0- 11 Plaintiff, COMPLAINT FOR: l2 vs. (1) Account Stated 13 (2) Open Book Account HUNT & HENRIQUES, LLP SAN JosE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 I4 PRAYER AMOUNT: $2,860.72 7017 REALM DR. 15 MARIA N S LIMITED CIVIL CO TRERA Amount demanded does not exceed $10,000 16 Defendant(s). 17 18 Plaintiff, Portfolio Recovery Associates, LLC, (“Plaintiff”), alleges: 19 1. Plaintiff is a limited liability company. 20 2. This court is the proper court because Plaintiff is informed and believes that 21 Defendant, MARIA CONTRERAS (“Defendant”), is a resident of ALAMEDA County, State of 22 California. 23 3. At all times herein mentioned, Defendants, and each of them, were the principals, 24 agents, employers, employees, masters, or servants of each of their co-defendants and ratified, 25 adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things 26 alleged, were acting in the course and scope of said authority of such agents, servants, and 27 employees. 28 COMPLAINT Page I A 1 1553873001 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2014 and, therefore, is subject to California Civil Code § 1788.50, et seq. COMPLIANCE WITH CIVIL CODE § 1788.50, et seq. Pursuant to California Civil Code § 1788.58(a)(1)-(9): 5. Plaintiff is a debt buyer. 6. CITIBANK, N.A. issued a credit account to Defendant. Defendant used, or authorized the use of, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all right, title and 10 interest in the credit account. ll 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert 12 the rights of all owners of the debt. l3 8. The balance at charge-off was $2,860.72. Plaintiff is not seeking to recover any HUNT 8: HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 14 post charge-off fees or interest. 7017 REALM DR. 15 9. The date of last payment on the credit account was on June 15, 2022. 16 10. The name of the charge-off creditor is CITIBANK, NA. and the account number l7 of the charge-off creditor ended in 1064. An address CITIBANK, N.A. maintained at the time of 18 charge-off was: 19 5800 SOUTH CORPORATE PLACE 2O SIOUX FALLS SD 57108. 21 11. The name and last known address that the charge—off creditor had for Defendant 22 is: MARIA CONTRERAS 23 29125 DIXON ST APT 5 24 HAYWARD CA 94544-5530. 25 12. The subject credit account has been purchased by the following entity after 26 charge-off: Portfolio Recovery Associates, LLC who maintains an address at 120 Corporate 27 28 COMPLAINT Page 2 A 1 1553873001 Blvd., Norfolk, VA 23502. 13. Plaintiff has complied with the requirements of Civil Code section 1788.52. Notably, section 1788.52(a)(7) requires that Plaintiff possess the California debt buyer license number when making any written statements to a debtor in an attempt to collect a consumer debt. The legislation that created this requirement also stated that the licensing provisions shall become operative January 1, 2022, and that a debt collector that submits an application prior to January 1, 2022 may operate pending the approval or denial of the application. 14. Attached hereto as Exhibit A is a true and correct copy of the most recent monthly statement recording a purchase, payment or balance transfer prior to charge off. 10 FIRST CAUSE OF ACTION: ACCOUNT STATED ll 12 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 13 16. Within the last four years, an account was stated in writing between Defendant HUNT 8: HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680—2426 FACSIMILE: (408) 362-2299 I4 and CITIBANK, N.A., and on the account a balance of $2,860.72 was stated to be due to 7017 REALM DR. 15 CITIBANK, N.A. from Defendant. Defendant expressly or impliedly agreed to pay CITIBANK, 16 N.A. that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement 17 showing the balance due and owing of $2,860.72. 18 17. Before the commencement of this action, Plaintiff was assigned the credit account 19 and indebtedness. Plaintiff is now the owner and holder of the credit account. 20 18. Plaintiff has made demand on Defendant for repayment of the credit account, but 21 Defendant has failed to pay the balance due. 22 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 23 posted to the credit account. 24 20. The current balance presently due and owing is $2,860.72. 25 SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 26 27 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 28 COMPLAINT Page 3 A 1 1553873001 22. Within the last four years, Defendant became indebted to CITIBANK, N.A. on an open book account for money due in the sum of $2,860.72 for money lent, paid, laid out, and/or extended to or for Defendant at Defendant’s special instance and request and for which Defendant agreed to pay the above sum. 23. Before the commencement of this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of the credit account. 24. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due. 25. Payments, set-offs, credits or allowances, if any, at or after charge off, have been 10 posted to the credit account. 11 26. The current balance presently due and owing is $2,860.72. 12 '13 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: HUNT &; HENRIQUES, LLP SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 14 1. For the current balance presently due and owing of $2,860.72; 7017 REALM DR. 15 2. Costs of suit; and 16 3. Any such other relief as the Court may deem just and proper. 17 Dated: April 23, 2024 By: W 18 Alexander Balzer Carr #338024 HUNT & HENRIQUES, LLP 19 Attorneys for Plaintiff 20 21 22 23 24 25 26 27 28 COMPLAINT Page 4 A 1 1553873001 EHIBIT A Account Statement Send Notice of Billing Errors and Customer Service inquiries to: ‘ . BEST BUY CREDIT SERVICES CUStomer SEWIce. PO Box 790441, St. Louis, MO 63179 bestbuyaooountonfineoom Account Inquiries: 1-888-574-1301 (WY: 711) F W of Account Ac Payment Information PreVIous Balance ' New Balance $2,261.90 Minimum Payment Due $901 .90 Payment Due Date July 16, 2022 .00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay alate tee up to $40. Minimum Payment Warning: It you make only the minimum payment each New Balance $2. 261 _90 period, you will pay more in interest and it will take you longer to pay off your balance For example' Past Due Amount $128.00 . .. .“a u a.» Only the minimum payment 11 years $5,308 $3,280 $91 3 years (Savings=$2,028) It you would like information about credit counseling services, call 1-877-337-818 (I Y: 711). '[EIh‘IEI'E in Billin le 30 g J Your account is past due Please make at least your minimum payment within this billing period to avoid any additional tees that may apply. You can avoid missing payments with automatic payments and stay on top of your account activity with Alerts. Visit us online or call us at 1—888~620-5879 ('lTY: 1-800—995-9305 for hearing and speech impaired services only). Hours of Operation: Monday - Friday: 8:00 am. to 11:00 pm. ET Saturday: 8:00 am. to 8:00 pm. ET ~ Sunday: 9:00 am. to 8:00 pm. ET We’re available to assist you with your account. Please update your phone number, including cell phone number on the back of the payment coupon. HM 14 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account is Issued by Citibank, NA. ~b Please detach and return lower portion with your payment to ensure proper credit. Retain upper portion tor your records. 9 Payment Due Date July 16, 2022 PO BOX 6204 New Balance $2,261.90 sroux FALLS, so 57117-6204 Past Due AmountI $128.00 Minimum Payment Due $901.90 Statement Enclosed A we . .t- a a .a. .591. 1Past Due Amount is Included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable to v BEST BUY CREDIT SERVICES MARIA CONTRERAS PO BOX 78009 29125 DIXON ST APT 5 PHOENIX, AZ 85062-8009 HAYWARD, CA 94544-5530 Information About Your Account. time period disclosed to you on the phone. There is no fee for making a payment using our How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the automated voice response system. close of each billing cycle. We will not charge you any interest on purchases if you pay your New - Agent-Assisted Phone Payments. if you call us to make a payment with the assistance of a Balance by the payment due date each month. This is called a grace period on purchases. To get a live agent. the payment will be applied the same day and you will be charged a $5.00 agent grace period on purchases. you must pay the New Balance by the payment due date every billing expedited payment fee. cycle. If you do not. you will not get a grace period until you pay the New Balance for two billing - Express Mail. Send payment by express mail to: Consumer Payment Dept, 6716 Grade Lane. cycles in a row. We will begin charging interest on cash advances and balance transfers on the Building 9. Suite 910. Louisville. KY 40213. transaction date. . Crediting Payments other than by Mail. The payment cutoff time for Online bill payments. If you have a balance subject to a deferred interest promotion and that promotion does not expire Phone payments, and Express Mail payments is midnight Eastern time. This means that we before the payment due date, that balance (an "excluded balance") is excluded from the amount will credit your account as of the calendar day. based on Eastern time. that we receive your you must pay in full to get a grace period on a purchase balance other than an excluded balance. payment request. In addition. if you have a reduced rate credit plan, that balance (an “excluded balance") is excluded If you send an eligible check with this payment coupon. you authorize us to complete your from the amount you must pay in full to get a grace period on a purchase balance other than an payment by electronic debit. If we do, the checking account will be debited in the amount on excluded balance. However. you must still pay any separately required payment on the excluded the check. We may do this as soon as the day we receive the check. Also, the check will be balance. In billing cycles in which payments are allocated to deferred interest balances first. the destroyed. deferred interest balance will be reduced before any other balance on the account. However. you Credit Reporting Disputes. We may report information about your account to credit bureaus. will continue to get a grace period on purchases. other than an excluded balance. so long as you If you thinkwe reported inaccurate information, please write us at: Credit Bureau Dispute pay the New Balance (less any excluded balance. plus any separately required payment on an Verification. P.0. Box 6497. Sioux Falls. SD 57117. excluded balance) in full by the payment due date each billing cycle. Deferred interest offers may also be called Same As Cash or No interest. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on Page 1. In addition. certain promotional offers not described above may also allow you to have a grace What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error period on purchases without having to pay all or a portion of the promotional balance by the on your statement. write to us at the address for billing errors and customer service inquiries payment clue date. If that is the case. the promotional offer will describe what happens. shown on Paget of your statement. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method In your letter. give us the following information: (including current transactions) to calculate interest charges. To find out more information about 1. Account information: Your name and account number. the balance computation method and how the resulting interest charges were determined, contact 2. Dollar amount: The dollar amount of the suspected error. us at the Account Inquiries number on the front. 3. Description of Problem: If you think there is an error on your bill. describe what you believe is Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the wrong and why you believe it is a mistake. Summary of Account Activity. You must contact us within 60 days after the error appeared on your statement. Membership Fee. Some accounts are charged a membership fee. To avoid paying this fee. notify You must notify us of any potential errors in writing, You may call us. but if you do we are not us that you are closing your account within 30 days of the mailing or delivery date of the statement required to investigate any potential errors and you may have to pay the amount in question. on which the fee is billed. While we investigate whether or not there has been an error. the following are true: Mlnlmum Interest Charge. If we charge interest. the charge will be no less than $1. '[IJh‘IL'I'E ' We cannot try to collect the amount in question. or report you as delinquent on that amount. Other Account and Payment Information. - - The charge in question may remain on your statement. and we may continue to charge you Payment Amount. You may pay all or part of your account balance at any time. However. you interest on that amount. But. if we determine that we made a mistake. you will not have to pay must pay. by the payment due date, at leastthe minimum payment due. the amount in question or any interest or other fees related to that amount. When Your Payment Will Be Credited. If we receive your payment in proper form at our - While you do not have to pay the amount in question. you are responsible for the remainder of processing facility by 5 pm. local time there. it will be credited as of that day. A payment received your balance. there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for - We can apply any unpaid amount against your credit limit. payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment Your Rights It You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied we receive that is not in proper form or is not sent to the correct address. The correct address for with the goods or services that you have purchased with your credit card. and you have tried regular mail is the address on the front of the payment coupon. The correct address for express in good faith to correct the problem with the merchant. you may have the right not to pay the mail is shown in the Express Mail section. remaining amount due on the purchase. Proper Form. For a payment sent by mail or courier to be in proper form. you must: To use this right. all of the following must be true: - Enclose a valid check or money order. No cash. gift cards. or foreign currency please. I. The purchase must have been made in your home state or within 100 miles of your current - Include your name and the last four digits of your account number. mailing address. and the purchase price must have been more than 550. (Note: Neither of these Payment Other Than By Mail. are necessary if your purchase was based on an advertisement we mailed to you. or if we own - In-Store (Where Available). Any payment in proper form accepted in-store will be credited as the company that sold you the goods or services.) of that day. However, credit availability may be subject to verification of funds. Not all stores 2. You must have used your credit card for the purchase. Purchases made with cash advances accept payments. Contact your local store to see if in—store payments are accepted at that from an ATM or with a check that accesses your credit card account do not quality. location, 3. You must not yet have fully paid for the purchase. - Online/AutoPav. Go to the URL on Page I of your statement to make a payment online. You If all of the criteria above are met and you are still dissatisfied with the purchase. contact us ig can also enroll in AutoPay and have your payment amount automatically deducted each month writing at the address for billing errors and customer service inquiries shown on Paget of your from the payment account you choose. statement. - Phone. Call the number on Paqel of your statement to make a payment by phone, For phone While we investigate, the same rules apply to the disputed amount as discussed above. After we payments. you authorize us to electronically debit your specified bank account by an ACH finish our investigation. we will tell you our decision. At that point. if we think you owe an amount transaction in the amount and on the date that you indicate on the phone. You may cancel a and you do not pay. we may report you as delinquent. phone payment by calling us at the Customer Service number at the top of Page 1 within the BBY MC NA FEBZO /A/- HM . 3356-7203—0001 - N2 -/E/- 4434802025 - E -/C/- E - 0 - X - 42 -/D/- R - E - Y - 0 - Y -lE/- 1 - - -N- -0-0~/F/-01/21/21—12/01/17-54- May 22,2022 lGl-N- - - -/H/-O- -YZAQ-V -l|/-N-OF-0-0- - -/J/- - - -20038- -0520 Page 2 of 4 Please provide change of address and update/add your phone numbers'here: (Use blue or black ink.) ‘Cell: 'Home: 'Phone: By giving us a cell number or a number later converted to a cell number. you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice. or a text. Your phone plan charges may apply. Account: **** **** **** 1064 TRANSACTIONS Trans Date Description Reference if Amount 06/15 ONLINE PAYMENT DEERFIELD IL 7426937HNEYBSXMJG $ 100.00- FEES 06/16 LATE FEE $ 40.00 TOTAL FEES FOR THIS PERIOD 3 40.00 INTEREST CHARGED 06/21 INTEREST CHARGE ON PURCHASES $ 48.56 TOTAL INTEREST FOR THIS PERIOD 5 48.56 Total Fees Charged in 2022 $200.00 Total Interest Charged in 2022 $961.68 ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous 8: Other Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance Payment Due Charges Date PURCHASES REGULAR Eflh‘lCl’E $2,273.34 $1 00.00 $40.00 $48.56 $2,261.90 - - CASH ADVANCES REGULAR TOTAL $2,273.34 $100.00- $40.00 $48.56 $2,261.90 $0.00 $0.00 INTEREST CHARGE CALCULATION Your Annual Rate is the annual interest rate on account. .3 test - PU .57 Pay your bill with just a text. Page 3 of 4 E EH1 HUT BageA 'o'fi4= Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer service: BEST BUY CREDIT SERVICES V. cm My Best Buy® A I momma-mm PO Box 790441,St. Louis,MO 63179 . ccount nquiries: ‘ - Visa‘” Card 1-888-620-5879 (TTY: 711) fi . W Sum of Account Ac Payment Information Prevnous Balance New Balance $2,860.72