TitleMax E-Commerce Credit Application
TitleMax E-Commerce Credit Application
Personal Info
What is your name? STEVEN ERIC
Address
Where do you live? 46515 S VIRGINIA ST
23F
AMARILLO TX 79101
Identification
What is your date of birth? 05/30/1985
Income (Notice: You do not need to include income from alimony, child support, or separate maintenance.)
Are you in active bankruptcy? I am not in active bankruptcy
Bank Info
What is your banking information? XXXXX 1186 XXXXXXXXXXXX 1939
(Routing #, Account #)
Notice: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race,
color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all
or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right
under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the
Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580, www.ftc.gov.
Your Credit Score and the Price You Pay for Credit
Your credit score is a number that reflects the information in your credit report.
What you should
Your credit report is a record of your credit history. It includes information about whether
know about your
you pay your bills on time and how much you owe to creditors.
credit scores
Your credit score can change, depending in how your credit history changes.
How we use your Your credit score can affect (a) whether you can get a credit product and (b) how much
credit score you will qualify for.
40%
% of Consumers wit Scores
in a Particular Range
9 9 9 9 9 0
49 59 69 79 89 00
0- 00
-
00
-
00
-
00
-
0-
1
5 6 7 8 90
Score Range
TitleMax Online – Multi-State Personal Products RBP Disclosure – V.1.0 01.22.2021 Page 1 of 2
Checking Your Credit Report
What if there are You have a right to dispute any inaccurate information in your credit report. If you find
mistakes in your mistakes on your credit report, contact the consumer reporting agency. It is a good
credit report? idea to check your credit report to make sure the information it contains is accurate.
Under Federal law, you have the right to obtain a free copy of your credit report from
each of the nationwide consumer reporting agencies once a year.
TitleMax Online – Multi-State Personal Products RBP Disclosure – V.1.0 01.22.2021 Page 2 of 2
Credit Services Disclosure Statement
TitleMax Online of Texas, Inc.
2312 E. Trinity Mills Road
Carrollton, Texas 75006
1-888-869-4522
CAUTION: THE CREDIT SERVICES THAT CSO PROVIDES AND THE LOAN THAT CSO MAY ARRANGE FROM A
THIRD-PARTY LENDER ARE NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS. SUCH CSO SERVICES
AND LOAN SHOULD ONLY BE USED TO MEET IMMEDIATE SHORT-TERM CASH NEEDS. REPEATED OR
FREQUENT USE CAN CREATE SERIOUS FINANCIAL HARDSHIPS. BEFORE ENTERING INTO A CONTRACT
WITH CSO AND A LOAN AGREEMENT WITH A LENDER, CONSUMER SHOULD EVALUATE THE COSTS AND
BENEFITS OF ALL ALTERNATIVES, INCLUDING A LOAN FROM ANOTHER LENDER (WITHOUT THE
ASSISTANCE OF A CSO), A LOAN FROM FAMILY OR FRIENDS, A CREDIT CARD CASH ADVANCE, AN ADVANCE
UNDER AN ACCOUNT WITH OVERDRAFT PROTECTION, OR A SALARY ADVANCE.
In this Credit Services Disclosure Statement (this “Disclosure Statement”), I, me, my, we, us, our, and Consumer refer to
the individual consumer who signs this Disclosure Statement. You, your, yours, and CSO mean TitleMax Online of
Texas, Inc. The third-party lender from whom Consumer may get a loan is Ivy Funding Company, LLC, 22 West Bryan
Street, Suite 208, Savannah, Georgia 31401 (“Lender”).
About CSO: CSO is a credit services organization registered with the Texas Secretary of State. CSO’s agent in Texas
authorized to receive service of process is Corporation Service Company d/b/a CSC-Lawyers Incorporating Service
Company, 211 E. 7th Street, Suite 620, Austin, TX 78701-3136. Credit services organizations are not lenders and do not
make loans. CSO helps consumers obtain loans from a third-party lender and issues a credit enhancement to the third-
party lender to back up Consumer’s promise to pay the loan.
This Disclosure Statement is being provided before Consumer enters into any credit services transaction or loan or pays
any fee or other consideration to any party. If CSO and Consumer enter into a transaction, this Disclosure Statement will
be incorporated by reference in the separate Credit Services Contract and Security Agreement (the “CSO Contract”) into
which CSO and Consumer will enter.
Description of CSO Services: CSO is not a lender. CSO’s credit services (collectively, the “CSO Services”) include: (a)
arranging for Consumer a loan from Lender with an annual interest rate not to exceed 9.95% (the “Loan”); (b) helping
Consumer complete the paperwork (including the credit application) needed to get the Loan from Lender; and (c)
providing to Lender in respect of the Loan from Lender a letter of credit, guaranty, or other credit enhancement
satisfactory to Lender that backs Consumer’s repayment of the Loan (with any such letter of credit, guaranty, or other
credit enhancement being referred to as the “Letter of Credit”). To get the Loan from Lender, Consumer must enter into a
separate Consumer Installment Loan Agreement and Promissory Note (the “Note”) with Lender. The CSO Services that
CSO provides to Consumer are complete on the date on which Consumer signs a Note with Lender.
Fee for CSO Services: CSO will charge Consumer a fee for providing CSO’s services (the “CSO Fee”). The CSO Fee is
a percentage of the Amount Financed, calculated as shown in the CSO Fee Schedule set forth below. The actual amount
of the CSO Fee that CSO will charge Consumer will be set forth in the CSO Contract and also will be included in the
Itemization of Amount Financed in the Note. The CSO Fee is fully earned by CSO on the date of the Loan that CSO
helps Consumer get from Lender. The CSO Fee is due and payable to CSO as provided in the CSO Contract. Consumer
will not owe the CSO Fee to CSO if (a) the Lender denies Consumer’s credit application, (b) Consumer does not take the
Loan from Lender, or (c) Consumer cancels the CSO Contract as described therein. The CSO Fee I agree to pay to
CSO, though required to be treated as finance charge for purposes of federal law disclosures, is for a separate service
and is not interest under Texas law. My payment and other obligations to CSO are separate and distinct from my
obligations to Lender. The CSO Fee amount I must pay to CSO is not a loan payment owed to Lender. Lender receives
no portion of the CSO Fee.
Fee and Interest Schedules: CSO’s fee schedule and Lender’s interest and fee schedule are as follows:
Lender Interest and Fee Schedule
Loan Terms: Lender makes loans secured by a CSO Letter of Credit, with terms not to exceed 180 days and
an Amount Financed from $100.00 to $2,500.00.
Lender Interest: The interest paid or to be paid to the Lender on the outstanding principal balance of the
Loan is 9.95% per annum, daily simple interest accrual method until paid. Interest will continue to accrue on
past due principal amounts until paid in full.
Late Charge: $7.50 or 5% of the amount of the unpaid scheduled payment, whichever amount is greater, on
any payment not paid in full within 10 days of the scheduled payment date.
Returned Payment Fee: $25 for any check, money order, payment (whether tangible or electronic), transfer
or other instrument or item that is rejected or returned for any reason.
Prepayment: There is no prepayment penalty.
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Repayment: Bi-weekly, semi-monthly (twice monthly) and monthly payment schedules are available;
Consumer may choose to pay by electronic payment.
Costs of Collection: To the extent permitted by law, Consumer will pay the costs of any attorney's fees
incurred in connection with the referral of the Note to an attorney to collect the Loan after default.
CSO Fee Schedule
CSO Services Terms: CSO provides credit services and issues Letters of Credit for loans with terms not to
exceed 180 days and an Amount Financed from $100.00 to $2,500.00.
Charges After Default; Costs of Collection: At any time after the occurrence of any default that results in
CSO paying Lender under the Letter of Credit, then CSO may recover from Consumer all charges, costs, fees
and expenses, including all collection costs and reasonable attorneys’ fees incurred or paid in exercising any
right, power or remedy provided by the CSO Contract or by law, and charge interest on all or a portion of the
principal paid by CSO to Lender under the Letter of Credit, as provided in Consumer Reimbursement
Obligation below.
Repayment: Bi-weekly, semi-monthly (twice monthly) and monthly payment schedules are available;
Consumer may choose to pay by electronic payment.
Returned Payment Fee: $25 for any check, money order, payment (whether tangible or electronic), transfer
or other instrument or item that is rejected or returned for any reason.
CSO Fee: The amount of the CSO Fee is calculated by multiplying the Amount Financed by the CSO Fee
percentage. CSO’s standard CSO Fee rates are shown in the following table. Lower promotional rates may
be offered from time to time.
CSO Fee as a Percent of the Amount Financed: 175.00%
Loan/CSO Fee Examples – Bi-Weekly Payment Examples: The following examples have an 11 payment, 154-day
term with payments due every 14 days:
Loan Amount $ 250.00 Loan Amount $ 500.00
Finance Charge Finance Charge
CSO Fee $ 437.50 CSO Fee $ 875.00
Lender Interest $ 5.76 Lender Interest $ 11.53
Total of Payments $ 693.26 Total of Payments $ 1,386.53
APR 585.143% APR 585.145%
Payments #1-10 Payments #1-10
10 CSO Fee Payments of $ 39.77 10 CSO Fee Payments of $ 79.54
10 Payments to Lender of $ 23.25 10 Payments to Lender of $ 46.50
$ 63.02 $ 126.04
Payment #11 Payment #11
Final CSO Fee Payment $ 39.80 Final CSO Fee Payment $ 79.60
Final Payment to Lender $ 23.26 Final Payment to Lender $ 46.53
$ 63.06 $ 126.13
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Loan Amount $ 1,750.00 Loan Amount $ 2,250.00
Finance Charge Finance Charge
CSO Fee $ 3,062.50 CSO Fee $ 3,937.50
Lender Interest $ 40.33 Lender Interest $ 51.86
Total of Payments $ 4,852.83 Total of Payments $ 6,239.36
APR 585.181% APR 585.173%
Payments #1-10 Payments #1-10
10 CSO Fee Payments of $ 278.41 10 CSO Fee Payments of $ 357.95
10 Payments to Lender of $ 162.76 10 Payments to Lender of $ 209.26
$ 441.17 $ 567.21
Payment #11 Payment #11
Final CSO Fee Payment $ 278.40 Final CSO Fee Payment $ 358.00
Final Payment to Lender $ 162.73 Final Payment to Lender $ 209.26
$ 441.13 $ 567.26
Loan/CSO Fee Examples – Semi-Monthly (twice monthly) Payment Examples: The following examples have a 10
payment, 150-day term with the first payment due 14 days from the origination date and payments due on the 1st and 15th
of each month:
Loan Amount $ 250.00 Loan Amount $ 500.00
Finance Charge Finance Charge
CSO Fee $ 437.50 CSO Fee $ 875.00
Lender Interest $ 5.63 Lender Interest $ 11.26
Total of Payments $ 693.13 Total of Payments $ 1,386.26
APR 602.955% APR 602.995%
Payments #1-9 Payments #1-9
9 CSO Fee Payments of $ 43.75 9 CSO Fee Payments of $ 87.50
9 Payments to Lender of $ 25.56 9 Payments to Lender of $ 51.13
$ 69.31 $ 138.63
Payment #10 Payment #10
Final CSO Fee Payment $ 43.75 Final CSO Fee Payment $ 87.50
Final Payment to Lender $ 25.59 Final Payment to Lender $ 51.09
$ 69.34 $ 138.59
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Payment #10 Payment #10
Final CSO Fee Payment $ 306.25 Final CSO Fee Payment $ 393.75
Final Payment to Lender $ 178.98 Final Payment to Lender $ 230.08
$ 485.23 $ 623.83
Loan/CSO Fee Examples – Monthly Payment Examples: The following examples have a 5-month term with payments
due on the same date each month:
Loan Amount $ 250.00 Loan Amount $ 500.00
Finance Charge Finance Charge
CSO Fee $ 437.50 CSO Fee $ 875.00
Lender Interest $ 6.33 Lender Interest $ 12.63
Total of Payments $ 693.83 Total of Payments $ 1,387.63
APR 570.935% APR 570.911%
Payments #1-4 Payments #1-4
4 CSO Fee Payments of $ 87.50 4 CSO Fee Payments of $ 175.00
4 Payments to Lender of $ 51.27 4 Payments to Lender of $ 102.53
$ 138.77 $ 277.53
Payment #5 Payment #5
Final CSO Fee Payment $ 87.50 Final CSO Fee Payment $ 175.00
Final Payment to Lender $ 51.25 Final Payment to Lender $ 102.51
$ 138.75 $ 277.51
Consumer Reimbursement Obligation: If CSO pays Lender any amount under the Letter of Credit for any reason,
Consumer must reimburse CSO for all such amounts that CSO pays to Lender. Interest will accrue on the unreimbursed
portion of principal for which CSO pays Lender under the Letter of Credit at the rate of 9.95% per annum (subject to
applicable limits).
Surety Bond Information: CSO has filed a $10,000 surety bond with the Texas Secretary of State under Chapter 393 of
the Texas Finance Code for each store location. The surety bond is in favor of any person damaged by CSO’s violation of
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Texas Finance Code Chapter 393 and in favor of the State of Texas for the benefit of such damaged person. A person
making a claim against the surety bond for a violation of Chapter 393 may file suit against the surety identified below, the
CSO that violated Chapter 393, or both. The surety is liable only for actual damages, reasonable attorney’s fees and
court costs awarded under Texas Finance Code § 393.503(a). The aggregate liability of the surety for a credit services
organization’s violations of Chapter 393 may not exceed the amount of the surety bond. The surety bond name and
address are: The Guarantee Company of North America USA, One Towne Square, Suite 1470, Southfield, MI 48076.
Privacy Policies and Disclosures: I acknowledge receipt of (a) CSO’s Schedule of All Fees, describing CSO’s fees and
all available loan amounts, interest and related fees, (b) CSO’s Privacy Policy and Notice, and (c) Lender’s Privacy Policy.
I also acknowledge that:
There is no penalty for prepaying the CSO Fee or any amount owing under the Loan;
CSO complies with Texas Finance Code Chapter 392 and the federal Fair Debt Collection Practices Act (15
U.S.C. Section 1692 et seq.) with respect to an extension of consumer credit described by Texas Finance Code
Section 393.602(a);
CSO will not threaten or pursue criminal charges against a consumer related to a check or other debit
authorization provided by the consumer as security for a transaction in the absence of forgery, fraud, theft, or
other criminal conduct; and
CSO complies, to the extent applicable, with 10 U.S.C. Section 987 and any regulations adopted under that law
with respect to an extension of consumer credit described by Texas Finance Code Section 393.602(a).
Relationship Between CSO and Lender: CSO and Lender are unaffiliated third-party companies that have a
contractual relationship with one another. CSO may act as a special limited agent for Lender in connection with Loan
servicing. Also, as a convenience to Lender and Consumer, CSO will accept payments on the Loan at CSO’s store
location shown above or at such other place as CSO or Lender may specify in writing, by cash, certified check, money
order or other method acceptable to CSO and Lender. CSO also may help Lender to process electronic payments.
Communications with and about Consumer: Consumer authorizes CSO to: (1) call Consumer during reasonable
hours to remind Consumer when Consumer’s Loan payment is due; (2) exchange non-public personal information about
Consumer with Lender in order to facilitate Lender’s review of Consumer’s credit application and until any Loan Consumer
obtains from Lender is paid in full; and (3) communicate with Consumer in the event of default on the Loan as allowed by
law, including calling Consumer, communicating with Consumer in writing or via email, or communicating with any of
Consumer’s personal references whom Consumer identified in Consumer’s credit application to acquire Consumer’s
location.
Notice and Cure: Before suing or starting arbitration about (a) Consumer’s credit application, (b) this Disclosure
Statement, (c) CSO’s Privacy Policy, (d) Lender’s Privacy Policy, (e) the CSO Contract, (f) the Note, or (g) any credit
services or loan, the party asserting the claim shall give the other party or parties detailed written notice of the claim and
relief requested and a reasonable opportunity of not less than 30 days to cure the claim. Any claim notice to Consumer
shall be sent in writing by mail or by email to the address Consumer has provided in Consumer’s credit application (or any
updated address Consumer subsequently provides to CSO or Lender). Any claim notice to CSO and/or Lender shall be
sent by mail to TitleMax of Texas, Inc., c/o Legal Department, 15 Bull Street, Suite 200, Savannah, GA 31401. Provided,
however, this notice requirement does not apply to any actions to preserve or protect any collateral (e.g., seeking a writ of
a sequestration).
Availability of Credit Counseling: Consumer should consider other ways and sources to obtain credit services.
Nonprofit credit counseling services may be available in Consumer’s community. Refer to a local telephone directory
under “Credit and Debt Counseling” for listings and sources of nonprofit credit counseling services.
Credit Information and Credit Reporting: Consumer authorizes CSO and Lender to verify the information given in
connection with Consumer’s credit application and to obtain information about Consumer from a consumer reporting
agency and other sources. CSO and Lender may report Consumer’s account information to consumer reporting
agencies. Late payments, missed payments, or other defaults by Consumer may be reflected in Consumer’s credit report.
If Consumer believes that CSO or Lender has reported inaccurate information about Consumer to a consumer reporting
agency, please write to CSO or Lender in care of the CSO at TitleMax Online of Texas, Inc., E-Commerce Customer
Service, 2312 E. Trinity Mills Rd., Carrollton, Texas 75006, and include the date of Consumer’s transaction, the
information Consumer questions and why Consumer believes it is inaccurate.
A Summary of My Rights Under the Fair Credit Reporting Act and State Law
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer
reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as
agencies that sell information about check writing histories, medical records, and rental history records). Following is a summary of my
major rights under the FCRA. For more information, including information about additional rights, go to
www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington,
DC 20552. Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial
Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
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I must be told if information in my file has been used against me. Anyone who uses a credit report or another type of
consumer report to deny my application for credit, insurance, or employment – or to take another adverse action against me –
must tell me, and must give me the name, address, and phone number of the agency that provided the information.
I have the right to know what is in my file. I may request and obtain all the information about me in the files of a consumer
reporting agency (my “file disclosure”). I will be required to provide proper identification, which may include my Social Security
number. In many cases, the disclosure will be free. I am entitled to a free file disclosure if:
o a person has taken adverse action against me because of information in my credit report;
o I am the victim of identity theft and place a fraud alert in my file;
o my file contains inaccurate information as a result of fraud;
o I am on public assistance;
o I am unemployed but expect to apply for employment within 60 days.
I am entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide
specialty consumer reporting agencies. I also am entitled to a copy of my file without charge on request made to the
consumer reporting agency not later than the 30th day after the date on which the agency receives notice that I have been
denied credit. I can request a copy of my file at any other time for a minimal charge. See www.consumerfinance.gov/learnmore
for additional information.
I have the right to ask for a credit score. Credit scores are numerical summaries of my creditworthiness based on
information from credit bureaus. I may request a credit score from consumer reporting agencies that create scores or
distribute scores used in residential real property loans, but I will have to pay for it. In some mortgage transactions, I will
receive credit score information for free from the mortgage lender.
I have the right to dispute incomplete or inaccurate information. If I identify information in my file that is incomplete or
inaccurate, and report it to the consumer reporting agency, the agency must investigate unless my dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate,
incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting
agency may continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting
agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years
old.
Access to my file is limited. A consumer reporting agency may provide information about me only to people with a valid
need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies
those with a valid need for access.
I must give my consent for reports to be provided to employers. A consumer reporting agency may not give out
information about me to my employer, or a potential employer, without my written consent given to the employer. Written
consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
I may limit “prescreened” offers of credit and insurance I get based on information in my credit report. Unsolicited
“prescreened” offers for credit and insurance must include a toll-free phone number I can call if I choose to remove my name
and address from the lists these offers are based on. I may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-
888-567-8688).
I may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a
furnisher of information to a consumer reporting agency violates the FCRA, I may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For more information, visit
www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, I may have more
rights under state law. For more information, I may contact my state or local consumer protection agency or my state
Attorney General. For information about my federal rights, I may contact:
TYPE OF BUSINESS: CONTACT:
Banks, savings associations, and credit unions with total assets of Consumer Financial Protection Bureau
over $10 billion and their affiliates 1700 G Street, N.W. Washington, DC 20552
Affiliates of the foregoing companies that are not banks, savings Federal Trade Commission: Equal Credit Opportunity, Washington, DC
associations, or credit unions 20580 1-877-382-4357
National banks, federal savings associations, and federal branches Office of the Comptroller of the Currency, Customer Assistance Group
and federal agencies of foreign banks (other than those identified 1301 McKinney Street, Suite 3450, Houston, TX 77010-9050
above)
State member banks, branches and agencies of foreign banks (other Federal Reserve Consumer Help Center
than federal branches, federal agencies, and Insured State Branches P.O. Box 1200, Minneapolis, MN 55480
of Foreign Banks), commercial lending companies owned or
controlled by foreign banks, and organizations operating under
section 25 or 25A of the Federal Reserve Act
Nonmember Insured Banks, Insured State Branches of Foreign Federal Deposit Insurance Corporation, Consumer Response Center,
Banks, and insured state savings associations 1100 Walnut Street, Box #11, Kansas City, MO 64106
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Federal credit unions National Credit Union Administration, Office of Consumer Protection (OCP),
1775 Duke Street, Alexandria, VA 22314
Air carriers Asst. General Counsel for Aviation Enforcement & Proceedings, Dep’t of
Transportation, 1200 New Jersey Avenue, S.E., Washington, DC 20590
Creditors Subject to the Surface Transportation Board Office of Proceedings, Surface Transportation Board, Dep’t of
Transportation, 1925 K Street NW, Washington, DC 20423
Creditors Subject to the Packers and Stockyards Act, 1921 Nearest Packers and Stockyards Administration area supervisor or
Department of Agriculture, Office of Deputy Administrator – GIPSA
Washington, DC 20250
Small Business Investment Companies Assoc. Deputy Administrator for Capital Access, U.S. Small Business
Administration, 409 Third Street, S.W., 8th Floor, Washington, DC 20416
Brokers and Dealers Securities and Exchange Commission, Washington, DC 20549
Federal Land Banks, Federal Land Bank Associations, Federal Farm Credit Administration
Intermediate Credit Banks, and Production Credit Associations 1501 Farm Credit Drive, McLean, VA 22102-5090
Retailers, Finance Companies, and All Other Creditors Not Listed FTC Regional Office for region in which the creditor operates or Federal
Above Trade Commission: Equal Credit Opportunity, Washington, DC 20580
I AGREE TO AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS CREDIT SERVICES DISCLOSURE STATEMENT
WITHOUT OBLIGATION TO ACCEPT CSO SERVICES OR A THIRD-PARTY LOAN, AND BEFORE ENTERING INTO
A CREDIT SERVICES CONTRACT OR THIRD-PARTY LOAN OR PAYING ANY FEE OR OTHER CONSIDERATION
TO ANY PARTY.
07/24/2021
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CREDIT SERVICES CONTRACT
THIS AGREEMENT CONTAINS A WAIVER OF JURY TRIAL AND ARBITRATION CLAUSE (THE “CLAUSE”).
UNLESS I OPT OUT OF THE CLAUSE, IT WILL SUBSTANTIALLY IMPACT MY RIGHTS IF I HAVE A DISPUTE WITH
CSO, INCLUDING MY RIGHT TO TAKE PART IN A CLASS ACTION.
CSO: Consumer:
TitleMax Online of Texas, Inc. d/b/a TitleMax STEVEN ERIC
2312 E. TRINITY MILLS ROAD 46515 S VIRGINIA ST 23F,
CARROLLTON, TX 75006 AMARILLO, TX 79101
1-888-869-4522 550-991-2128
Lender: Contract Date: 07/24/2021
IVY FUNDING COMPANY, LLC
22 WEST BRYAN STREET
Contract Number: 189790000184480
SAVANNAH GA 31401
AN ADVANCE OF MONEY OBTAINED THROUGH A HIGH COST LOAN IS NOT INTENDED TO MEET LONG-TERM
FINANCIAL NEEDS. A HIGH COST LOAN SHOULD ONLY BE USED TO MEET IMMEDIATE SHORT-TERM CASH
NEEDS. REFINANCING THE LOAN RATHER THAN PAYING THE DEBT IN FULL WHEN DUE WILL REQUIRE THE
PAYMENT OF ADDITIONAL CHARGES.
“Contract” means this Credit Services Contract. “Consumer”, “I”, “me” and “my” mean the Consumer who signs this
Contract. “CSO” means the CSO identified above, with a principal place of business of 15 Bull Street, Suite 200,
Savannah, Georgia 31401. “Lender” means the Lender identified above.
1. About CSO: CSO is a credit services organization registered with the Texas Secretary of State. CSO’s agent
in Texas authorized to receive service of process is CT Corporation, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
2. CSO Services: CSO is not a lender. For the fee specified below, CSO agrees to provide the following
services to Consumer (the “CSO Services”): (a) arranging for me a loan from Lender with an annual interest rate not to
exceed 9.95% (the “Loan”); (b) helping me complete the paperwork (including the credit application) needed to get the
Loan from Lender; and (c) providing to Lender in respect of the Loan from Lender a letter of credit, guaranty, or other
credit enhancement satisfactory to Lender that backs my repayment of the Loan (with any such letter of credit, guaranty,
or other credit enhancement being referred to as the “Letter of Credit”). To get the Loan from Lender, I must enter into a
separate Loan Agreement and Promissory Note (the “Note”) with Lender. The CSO Services that CSO provides to me
are complete on the date on which I sign the Note with Lender.
3. Fee for CSO Services:
a. I agree to pay to CSO for its CSO services a fee in the amount of $ 349.91 (the “CSO Fee”). The CSO
Fee is calculated based on an Amount Financed of $ 200.00, and a CSO Fee percentage of 175.00 %. The CSO Fee is
fully earned by CSO on the date of the Loan that CSO helps me get from Lender. The CSO Fee is payable as follows:
Number of When Payments Are Due
Amount of Payments
Payments (each a “Payment Due Date”)*
08/09/2021, 08/23/2021, 09/06/2021, 09/20/2021,
10 $ 31.81 10/04/2021, 10/18/2021, 11/01/2021, 11/15/2021,
11/29/2021, 12/13/2021,
1 $ 31.81 12/27/2021
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e. The CSO Fee I agree to pay to CSO, though required to be treated as finance charge for purposes of
federal law disclosures, is for a separate service and is not interest under Texas law. My payment and other obligations
to CSO are separate and distinct from my obligations to Lender. The CSO Fee payments I must make to CSO are not
loan payments owed to Lender. Lender receives no portion of the CSO Fee.
4. The Loan: The principal amount of the loan will be $ 200.00. Interest will accrue on the principal amount of
the Loan as provided in the Note. For a loan of $ 200.00 with payments to Lender due on the same Payment Due Dates
shown above, with an annual interest rate of 9.95% per annum, if I pay the Loan in full on the due date, the total of
payments for the Loan will be $ 554.56, including $ 4.65 of interest payable to Lender, and the CSO Fee payable to CSO,
which is required to be disclosed as a finance charge by federal law.
5. My Reimbursement Obligation to CSO: I have asked CSO to issue the Letter of Credit to Lender that backs
my repaying the Loan, and CSO is issuing the Letter of Credit as part of the CSO Services it provides to me. In the event
that CSO is obligated to pay Lender any amount under the Letter of Credit for any reason, I promise to reimburse CSO for
all amounts that CSO pays to Lender thereunder. I agree that interest will accrue on the unreimbursed portion of principal
for which CSO pays Lender under the Letter of Credit at the rate of 9.95% per annum (subject to applicable limits).
6. Loan Funding and Repayment; Recurring Payment Authorization: CSO will assist Lender in disbursing
the Loan proceeds to me. Lender will fund the proceeds of the Loan by check. Lender may offer other funding methods
in its discretion. As a convenience to the Lender and me, CSO will accept payments on the Loan at CSO’s store location
shown above or at such other place as CSO or Lender may specify in writing. Payments to CSO and to Lender may be
made by cash, certified check, money order or other method acceptable to CSO and Lender, including recurring
payments from my designated bank account. I understand that a personal check is not an acceptable form of payment.
Any payments I make to Lender in care of CSO are binding upon Lender.
No, I do not agree to pay amounts I owe to CSO under this Contract by recurring payments from
my designated bank account and/or my debit card. If I later choose to pay amounts I owe to CSO
under this Contract by recurring payments from my designated bank account and/or debit card, I must
enter into a separate written authorization therefor.
Yes, I agree to repay amounts I owe to CSO under this Contract by recurring payments from my
X
designated bank account and/or my debit card. CSO did not condition providing credit services to
me on my providing a recurring payment authorization. By checking this box and signing this
Contract, I agree to the following:
Consent to Recurring Payments
In this Consent to Recurring Payments (this “Consent”),
“My Bank Account” means the following bank “My Debit Card” means the following debit
account: card:
Bank Name: BBVA COMPASS Debit Card Number:
Routing Number: Ending in 1186 Ending in
Account Number: Ending in 1939
(Any bank account and/or debit card info not included above was intentionally omitted.)
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behalf, using my name or otherwise designating that CSO is authorized to sign the RCC on my behalf. I
understand each RCC is a tangible payment instruments drawn from My Bank Account and that this
authorization allows CSO to create and sign such RCCs. RCCs are not electronic payments, and my
consent to CSO to create RCCs is not a recurring electronic payment authorization.
B. Payment Processing Errors; Re-Initiation of Returned Payments: CSO may re-submit for
processing any payment for which a processing error occurs, whether such payment was processed via
an ACH debit entry to My Bank Account, by RCC or by My Debit Card.
(i) Whenever the first ACH debit entry to My Bank Account for a scheduled payment is
returned for any reason, CSO may reinitiate (but is not required to reinitiate) such ACH debit entry to My
Bank Account up to the maximum number of times permitted by applicable law or payment channel rules.
Such represented ACH debit entry may occur on a later Payment Due Date.
(ii) Whenever the first payment submitted via My Debit Card for a scheduled payment is
declined or returned for any reason, CSO may re-submit (but is not required to re-submit) such payment
via My Debit Card up to the maximum number of times permitted by applicable law or payment channel
rules. Such re-submitted debit card payment may occur on a later Payment Due Date.
(iii) In respect of an RCC payment that is returned for any reason, CSO may re-present (but is
not required to re-present) such RCC up to the maximum number of times permitted by applicable law or
payment channel rules. The re-presentment of a returned RCC may occur on a later Payment Due Date.
C. Processing of Payments Due on Non-Business Days: If a scheduled payment is due on a
non-business day, if the payment will be processed by ACH debit entry from My Bank Account or by RCC,
the payment will be processed on the next business day. Payments processed via My Debit Card may be
processed on business and non-business days.
D. Debiting the Entire Balance Following Default: If my Contract is in default, following the
expiration of any cure periods offered under Texas law, I authorize CSO to initiate a debit to My Bank
Account, process a payment using My Debit Card or submit a payment via RCC for the entire remaining
balance of the Contract, as described in any default or other notice I receive from CSO.
E. Right to Revoke; How to Revoke this Consent: This Consent shall remain in full force and
effect until I notify CSO that I revoke this Consent, which revocation notice must be received in a time that
affords CSO a reasonable opportunity to act thereon. I may revoke this Consent by calling CSO at 1-888-
869-4522 or by writing to CSO at TitleMax E-Commerce Customer Service, Attn: Payment Processing,
2312 E. Trinity Mills, Carrollton, Texas 75006. My revocation must be received by CSO at least two (2)
business days before the proposed effective date of my revocation. If I revoke this Consent, I am still
obligated to make all payments due under the Contract. In no event shall any revocation of this Consent
be effective with respect to any payment processed or submitted for processing by CSO before CSO
receives my revocation notice.
F. How to Cancel or Change a Scheduled Payment: I may cancel a scheduled payment or
request that a payment be processed on a different day by calling CSO at 1-888-869-4522. To be timely,
all payment cancellations and change requests must be received and processed by CSO by 5:00 p.m.
Central time (Monday through Friday), on the business day before the applicable Payment Due Date for
such payment.
G. Returned Payment Fee; Debit for Returned Payment Fee: As set forth in Section 7 below,
CSO may impose a returned payment fee of $25.00 for each payment (whether made electronically or by
check, money order or other payment instrument, including a remotely created check) that is not honored
or cannot be processed for any reason, including insufficient funds. If I incur a returned payment fee on
an amount I owe to CSO hereunder, I authorize CSO to initiate a payment via My Bank Account or My
Debit Card in the amount of $25.00 to collect such returned payment fee.
H. Impact of Canceling or Revoking Consent; Repayment: If I cancel or change a scheduled
payment or revoke this Consent, I am still obligated to repay amounts I owe to CSO under this Contract.
CSO accepts payments by cashier’s check, money order, debit card or other method specified by CSO
from time to time. CSO does not accept personal checks or credit cards.
I. Bank Fees: I acknowledge that my bank may impose a fee if My Bank Account becomes
overdrawn or if a payment is attempted against My Bank Account (whether by ACH, RCC or debit card)
that would cause it to become overdrawn. My bank also may assess a fee related to rejected or returned
payments processed using My Debit Card. I will not hold CSO or its agents, representatives, successors
or assigns responsible for any fees I must pay as a result of any payment being presented at my bank by
any payment method in connection with this Consent.
J. Verification of Bank Account and Debit Card Information: I authorize CSO to verify and
correct all information I have provided to CSO about My Bank Account, including, without limitation, past
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and/or current information about my bank, my bank routing and transit number, My Bank Account number,
and balance and transaction information. I also authorize CSO to verify and correct all information I have
given to CSO about My Debit Card, including My Debit Card number. If My Debit Card is replaced due to
an updated expiration date, CSO may treat the replacement debit card as My Debit Card for purposes of
this Consent.
K. Other Rights in My Bank Account and My Debit Card: I may have other rights to cancel
payments as set forth in applicable account agreements with my bank(s) related to My Bank Account and
My Debit Card. I can contact my bank(s) or review my account agreements for more details.
L. Notice of Varying Amounts: I have the right under federal law to receive notice of any
payment amount that will vary from an amount set forth in the Payment Schedule above. In lieu of
requiring CSO to notify me of all such variances, I agree and authorize CSO to provide me advance notice
of a payment variance only when the payment amount will fall outside the range of $1.00 to the maximum
scheduled installment amount in the Payment Schedule, provided that the amount of the final payment
due may vary up to 1.5 times the scheduled amount of such final payment. CSO will give me notice at
least 10 days before a payment is debited from My Bank Account or processed via My Debit Card or by
RCC in an amount that varies from the foregoing range.
M. This Consent is a payment mechanism only. I do not grant to CSO a security interest in My
Bank Account or My Debit Card, and this Consent is not intended to constitute a security interest under
Texas law. This Consent does not give CSO collection rights greater than those otherwise contained in
this Contract.
7. Returned Payment Fee: CSO may charge a $25 fee for any rejected or returned payment, check, money
order, instrument or item (whether tangible or electronic).
8. Covered Borrower Representation: I represent that the information in my most recent credit application is
up-to-date, true, correct, and complete, including, without limitation, my representation that I AM NOT a regular or reserve
member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that
does not specify a period of 30 days or fewer (or a dependent of such a member). I understand that CSO and Lender are
relying upon that information.
9. Privacy Policies and Disclosures: I acknowledge receipt of (a) CSO’s Schedule of All Fees, describing
CSO’s fees and all available loan amounts, Lender’s interest and related fees, (b) CSO’s Privacy Policy, (c) Lender’s
Privacy Policy, and (d) a separate Credit Services Disclosure Statement (which is incorporated herein by reference). I
also acknowledge that:
There is no penalty for prepaying the CSO Fee or any amount owing under the Loan;
CSO complies with Texas Finance Code Chapter 392 and the federal Fair Debt Collection Practices Act (15
U.S.C. Section 1692 et seq.) with respect to this Contract and the Loan for which the CSO provides CSO
Services;
CSO will not threaten or pursue criminal charges against a consumer related to a check or other debit
authorization provided by the consumer as security for a transaction in the absence of forgery, fraud, theft, or
other criminal conduct; and
CSO complies, to the extent applicable, with 10 U.S.C. Section 987 and any regulations adopted under that law
with respect to this Contract and the Loan for which the CSO provides CSO Services.
10. Cancellation of Loan: If I exercise my right to cancel this Contract, then I may also choose to cancel the
Loan. To cancel the Loan, I must return all of the Loan proceeds to CSO within three (3) days after the date of the Note,
and CSO will remit such amounts to Lender on my behalf. If I timely cancel this Contract and the Loan and return all of
the Loan Proceeds, I will not owe any amounts to CSO or Lender. If my Loan had any lien filing fee(s), then Lender will
return to me any lien filing fees paid to the state or county government to secure the lien on the Collateral.
11. Renewal of Loan: I may request that CSO assist me in obtaining a renewal of my Loan from Lender. In
order to request assistance with renewing my Loan, I must first contact CSO by calling 1-888-869-4522 and request a
renewal before the close of business on the final Payment Due Date shown above. I understand that if CSO agrees to
assist me in obtaining a renewal of my Loan from Lender, I must enter into a new Contract with CSO, pay an additional
fee to CSO for its services provided to me in connection with renewing my Loan, pay a specified amount to Lender as a
condition to renewal and, subject to Lender’s approval, enter into a new Note with Lender. Any renewal is at the Lender’s
discretion. If I do not meet all of the conditions for obtaining a renewal on or before the Payment Due Date, then this
Contract and the Loan from Lender will remain in full force and effect in accordance with their respective terms.
12. Events of Default: I will be in default under this Contract if:
a. I fail to make any payment owed to CSO when due.
b. I fail to satisfy any other promise or agreement with CSO.
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c. I make any untrue statement to CSO or any statement I made becomes untrue.
d. I start any federal or state bankruptcy proceeding, or someone starts a proceeding against me.
13. CSO’s Rights After Default: CSO’s rights after default are cumulative. If I default, CSO may make me
immediately pay the full outstanding amount of this Contract, including accrued charges and, if applicable, interest. I
agree to pay CSO reasonable court costs and attorneys’ fees.
14. Waivers: If CSO delays or does not enforce it rights every time, CSO can still do so later. I waive
presentment, demand for payment, notice of intent to accelerate, notice of acceleration, protest, and notice of
dishonor. CSO need not sue, arbitrate or show diligence in collecting against me or others. CSO may sue or
arbitrate with a person without joining or suing others. CSO may release or modify a person’s liability without
changing other persons’ liability.
15. Communications: Send all communications to CSO to TitleMax Online of Texas, Inc., Legal
Department, P.O. Box 8323, Savannah, Georgia 31412 (the “Notice Address”). Send all notices to me to my
address above or any other address I give to CSO in writing (the “Consumer Address”).
16. Notice and Cure: Before suing or starting arbitration about (i) Consumer’s credit application or (ii) this
Contract, each party agrees to do all of the following:
a. The party filing the dispute (the “Claimant”) must tell all other parties (the “Defending Party”) of the dispute
(the “Dispute Notice”). Each Dispute Notice must describe the nature of the claim and relief requested. Each Dispute
Notice must be written and, except for CSO collections letters, must give at least 30 days to solve the dispute.
b. Claimant must mail Dispute Notices to the Notice Address for CSO and the Consumer Address for
Consumer. Dispute Notices to CSO must include the Contract Number and Consumer’s mailing address and phone
number.
c. If Defending Party asks for more information about the dispute, Claimant must give it.
17. Reporting to Credit Bureaus: CSO may report information about my account to credit bureaus. My credit
report may reflect late payments, missed payments or other defaults on my account.
18. Important Information About Opening Accounts: To help fight terrorism and money laundering, CSO must
identify each person who opens an account. I must give CSO my name, address, date of birth and other requested
information and documents, such as my driver’s license.
19. Telephone Recording: CSO may monitor and record any phone conversation CSO and I have.
20. Severability: Invalid terms hereof will be changed to comply with law. Such change will not affect any other
term hereof. If a class action suit or class-wide arbitration is allowed, either party may require that a judge (with no jury)
hear the dispute. Such judge will apply relevant court rules and procedures.
21. Successors and Assigns: This Contract binds my heirs, successors and assigns and CSO’s successors and
assigns. CSO may assign all of its rights hereunder; after any such assignment, this Contract will remain in full force and
effect in accordance with its terms. I may not assign my rights hereunder without CSO’s written consent.
22. Governing Law: This Contract and the CSO Services involve interstate commerce. Texas law governs this
Contract, but the Federal Arbitration Act governs the Waiver of Jury Trial and Arbitration Clause in Section 24.
23. WAIVER OF RIGHT TO TRIAL BY JURY: TRIAL BY JURY IS A CONSTITUTIONAL RIGHT. UNDER
CERTAIN CONDITIONS THE LAW ALLOWS PARTIES TO WAIVE THIS RIGHT. CSO AND I KNOWINGLY AND
FREELY WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY SUIT RELATED DIRECTLY OR INDIRECTLY TO ANY OF
(A) THIS CONTRACT, AND (B) THE CSO SERVICES. THIS JURY TRIAL WAIVER WILL NOT CHANGE ANY
ARBITRATION CLAUSE TO WHICH CSO AND I AGREE. SUCH CLAUSE HAS ITS OWN SEPARATE JURY TRIAL
WAIVER.
24. WAIVER OF JURY TRIAL AND ARBITRATION CLAUSE: By signing below, CSO and I agree to this
Waiver of Jury Trial and Arbitration Clause, including a waiver of class actions (the “Clause”). This Clause is in
Q & A form so it is easier to understand. This Clause is a legally binding part of this Contract.
BACKGROUND AND SCOPE
Question Short Answer Further Detail
What is a Dispute? A disagreement In this Clause, “Dispute” has a broad meaning. “Dispute” includes all claims
and disagreements related to my application, this Contract, the CSO
Services, or my dealings with CSO. It includes claims and disagreements
about any prior applications and agreements. It includes extensions,
renewals, refinancings, and payment plans. It includes claims related to
servicing, payment processing and payment authorizations, collections,
privacy, and customer information. It includes claims and disagreements
that usually would be resolved in court. “Dispute” also includes claims and
disagreements I have with Related Parties.
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Who is a “Related Usually a person “Related Parties” are CSO’s affiliates. They also are employees, directors,
Party” or company related officers, shareholders, members, and representatives of CSO and its
to CSO affiliates. “Related Parties” also means any person or company involved in a
Dispute I pursue while I pursue a Dispute with CSO.
What is An alternative to In arbitration, a third party arbitrator (“TPA”) solves Disputes in a hearing
arbitration? court (“hearing”). It is less formal than a court case.
Is it different from Yes The hearing is private. There is no jury. It is usually less formal, faster, and
court and jury less costly than a lawsuit. Pre-hearing fact finding is limited. Appeals are
trials? limited. Courts rarely overturn arbitration awards.
Is it confidential? Yes, it can be CSO or I can ask that arbitration be confidential. That means things people
say, and documents and information disclosed as part of the arbitration will
be used only for the arbitration and will not be shared with anyone who is
not part of the arbitration. That also means that people involved in the
arbitration may be asked to sign a separate confidentiality agreement.
Confidential information may be used to appeal or enforce an arbitration
award.
Can I opt-out of Yes, within 60 days If I do not want this Clause to apply, I have 60 days from the Contract Date
this Clause? to opt out. To opt out, I must tell CSO in a writing I send to the Notice
Address. I must give my name, address, Contract Number, and Contract
Date and state that I “opt out” of this Clause. I may not send my notice
electronically.
What is this Clause The parties’ CSO and I agree that any party may arbitrate or demand arbitration of any
about? agreement to Dispute unless I opt out or the law does not allow it.
arbitrate Disputes
Who does the CSO and me This Clause covers CSO and me. This Clause also applies if I have a
Clause cover? Dispute with a Related Party related in some way to my application, this
Contract, the CSO Services, or my dealings with CSO. Related Parties are
not bound by this Clause. I may not compel a Related Party to arbitration.
A Related Party may compel me to arbitrate Disputes that are covered by
this Clause.
What Disputes Most Disputes that This Clause covers Disputes involving CSO (or a Related Party) and me.
does the Clause normally would go But, “Disputes” does not include disputes about the validity,
cover? to court (except coverage, or scope of this Clause or any part of this Clause. These are
certain Disputes for a court to decide, not the TPA.
about this Clause)
Who handles the A Third Party Arbitrations must be conducted under this Clause. The TPA will be one of
arbitration? Arbitrator the following:
• An individual, independent TPA the parties choose together;
• JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,
www.jamsadr.org; or
• Any other arbitration company the parties choose together.
No arbitration may be held without CSO’s consent by an arbitration
company or TPA that would allow class arbitration under this Clause.
Unless CSO and I agree otherwise, the TPA must be a lawyer with 10+
years of experience or a retired judge.
What rules apply to Usually, the If the parties use an arbitration company such as JAMS, that company’s
the arbitration? arbitration consumer arbitration rules will apply. If the parties chose an individual TPA,
company rules then such TPA will follow the JAMS consumer arbitration rules, unless the
parties mutually agree to an alternative. In any case, the TPA will not apply
any state or federal rules of civil procedure or evidence. Arbitration rules
that conflict with this Clause do not apply.
Can Disputes be Sometimes Either party may sue if the other party does not demand arbitration. CSO
brought in court? will not demand arbitration of any lawsuit I bring for myself in small claims
court. But, CSO may demand arbitration of any appealed small claims
decision or any small claims action brought as a class.
Am I giving up any Yes For Disputes subject to this Clause, I give up my right to:
rights? 1. Have a jury decide Disputes.
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2. Have a court, other than a small claims court, decide Disputes.
3. Serve as a private attorney general or in a representative
capacity.
4. Join a Dispute I have with a dispute by other consumers.
5. Bring or be a class member in a class action or class
arbitration.
CSO also waives its jury trial right and its right to have a court decide
Disputes CSO starts.
Can I or anyone No TPAs may not handle a class or representative Dispute. All Disputes under
else start class this Clause must be arbitrated or decided by individual small claims case.
arbitration? This Clause will be void if a court allows a TPA to decide a Dispute on a
class basis and such ruling is not reversed on appeal.
What law applies? The Federal The FAA governs this Clause. The TPA must apply law consistent with the
Arbitration Act FAA. The TPA must honor statutes of limitation and privilege rights.
(“FAA”) Constitutional standards that apply in court proceedings govern punitive
damage awards.
Will anything I do No, though I can This Clause stays in force if I: (1) cancel this Contract; (2) default, renew,
negate this opt out refinance, prepay or pay the Contract in full; or (3) go into bankruptcy. I can
Clause? opt out as described above.
PROCESS
Question Short Answer Further Detail
What must be done Send a written Before starting a lawsuit or arbitration, Claimant must give a Dispute Notice
before starting a Dispute Notice and as Section 16 above requires. If I am the Claimant, I or my attorney must
lawsuit or work to resolve the sign the Dispute Notice. I must give the Contract Number and a contact
arbitration? Dispute number for me or my attorney. Collections letters from CSO are Dispute
Notices. Each Dispute Notice (other than collections letters) must give at
least 30 days to settle the dispute.
How does By following the If the parties do not settle the Dispute within the 30-day period, Claimant
arbitration start? rules of the may file a small claims case or start arbitration. To start arbitration, the
arbitration Claimant picks the arbitration company. If one party sues or threatens to
company sue, the other party can demand arbitration. This demand can be made in
court papers. It can be made if a party sues on an individual basis and then
tries to pursue a class action. Once an arbitration demand is made, no suit
can be brought and any current suit must stop.
Will any hearing be Yes Any in-person hearing must be at a place convenient to me. The TPA may
held nearby? decide that an in-person hearing is not needed. A Dispute may be resolved
in writing and by conference call.
What if I need an CSO shall work If I require assistance in a language other than English, or special services
accommodation with me on to accommodate a disability, CSO and I shall agree to proceed in a way that
for a disability or accommodations accommodates my needs.
due to language?
What about Very limited The FAA limits appeal rights. For Disputes over $50,000, any party may
appeals? appeal the award to a panel of three TPAs. The arbitration company or the
parties choose the panel. This panel will review anything appealed in the
initial award. The panel's decision will be final, except for any FAA appeal
right. Any suitable court may enter judgment upon the TPA panel's award.
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Will I ever owe If I act in bad faith The TPA can make me pay CSO’s arbitration, attorney, expert and witness
CSO for fees? fees and costs if it finds that I have acted in bad faith (per the Fed. Rules of
Civ. Proc. § 11(b) standard). This power does not void this Clause.
Can a failure to Yes If Consumer wins the arbitration, Consumer may be entitled to a minimum
resolve a Dispute award of $7,500. To get the minimum award, I first must comply with this
informally mean a Clause. Secondly, the TPA must award money damages to me in an
larger recovery for amount that is greater than the last amount I asked for in settlement, if I
me? asked for such amount at least ten days before arbitration began. The base
award is separate from attorneys' fees and expenses, and expert witness
costs which I may get. The minimum award applies to all Disputes I raise or
could raise. This Clause does not allow multiple awards of $7,500.
Settlement demands and offers are confidential. They may not be used in
any way by either party except to support a minimum award.
Can an award be Yes Within 14 days of the ruling, a party may ask the TPA to explain its ruling.
explained? Upon such request, the TPA will explain the ruling in writing.
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NOTICE OF CANCELLATION RIGHT: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE
MIDNIGHT OF THE THIRD DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
CONSUMER: STEVEN ERIC By signing this Contract, CSO agrees to be bound by
this Contract, including the Waiver of Jury Trial and
Arbitration Clause.
CSO:
07/24/2021 TitleMax Online of Texas, Inc. d/b/a TitleMax
By:
Duly Authorized
THIS DOCUMENT IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, AND PLEDGED AS COLLATERAL TO, CORTLAND
CAPITAL MARKET SERVICES LLC AND WELLS FARGO BANK, NATIONAL ASSOCIATION, EACH AS COLLATERAL AGENT.
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For purposes of the Notice of Cancellation disclosures, which can be detached and mailed to CSO, you, I and
Purchaser refer to the consumer who entered into the Credit Services Contract with CSO, and Seller means the
CSO.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the
Seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to:
Dated:
Purchaser’s Signature:
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the
Seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to:
Dated:
Purchaser’s Signature:
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CONSUMER INSTALLMENT LOAN AGREEMENT AND PROMISSORY NOTE
THIS AGREEMENT CONTAINS A WAIVER OF JURY TRIAL AND ARBITRATION CLAUSE (THE “CLAUSE”).
UNLESS I OPT OUT OF THE CLAUSE, IT WILL SUBSTANTIALLY IMPACT MY RIGHTS IF I HAVE A DISPUTE WITH
LENDER, INCLUDING MY RIGHT TO TAKE PART IN A CLASS ACTION. READ THE CLAUSE CAREFULLY.
Lender: Borrower:
Ivy Funding Company, LLC STEVEN ERIC
c/o TitleMax Online of Texas, Inc. 46515 S VIRGINIA ST 23F,
2312 E. Trinity Mills Road AMARILLO, TX 79101
Carrollton, Texas 75006
1-888-869-4522
Loan Date: 07/24/2021 Effective Date: 07/26/2021 Loan Number: 189790000184480
In this Consumer Installment Loan Agreement and Promissory Note (the “Note”), “I”, “me” and “my” mean the Borrower
who signs this Note. “Lender”, “you” and “your” refer to Ivy Funding Company, LLC. “Loan” means the loan Lender
makes to me. Lender makes this Loan under Texas Finance Code Chapter 302 (“Chapter 302”). “CSO” means TitleMax
Online of Texas, Inc., a credit services organization registered under Texas law. “CSO Contract” means the Credit
Services Contract Borrower entered into with CSO.
FEDERAL TRUTH-IN-LENDING DISCLOSURES
* If a monthly or semi-monthly payment is due on the 29th or 30th day of the month, payments in subsequent months will be
due on the same day (or the last day of February, as applicable). If a monthly or semi-monthly payment is due on the 31st
day of the month, payments in subsequent months will be due on the last day of the month.
Prepayment: Lender will not charge a prepayment penalty/charge if I pay all or part of the principal balance
before the date on which the principal is due.
Late Fee: $7.50 or 5% of the scheduled payment amount (whichever amount is greater), for any payment to
Lender not paid after the 10th day after the date on which the payment is due.
See the remainder of this Note for additional information about non-payment, default, any required repayment in
full before the scheduled date, and prepayment penalties.
1. Promise to Pay: I promise to pay Lender, or to Lender’s order, the principal sum of $ 200.00 plus interest. I
also promise to pay all other fees and charges in this Note. I must pay the amounts on or before the Payment Due Dates
in the Payment Schedule above. Time is of the essence.
6. Late Fee; Returned Payment Charge: Lender may charge a late fee of (a) $7.50 or (b) 5% of the scheduled
payment amount (whichever amount is greater). Lender may charge the late fee if any part of a scheduled payment to
Lender is unpaid after the 10th date after the Payment Due Date. Lender may impose a returned payment charge of
$25.00 for each payment (whether made electronically or by check, money order or other payment instrument, including a
remotely created check) that is not honored or cannot be processed for any reason, including insufficient funds.
7. Right to Cancel: I may cancel this Note, without cost by complying with this Section 7. To timely cancel, I
must contact Lender in care of TitleMax E-Commerce customer service at 1-888-869-4522 to request a cancellation
before 6 p.m. Central time (2 p.m. Central time on Saturday) on the third calendar day after the Loan Date (the
“Cancellation Deadline”). If I request a cancellation before the Cancellation Deadline but before Lender has funded any
Loan proceeds, electronically or otherwise, Lender will not fund the Loan. If I request a cancellation before the
Cancellation Deadline but after Lender has funded the Loan proceeds, electronically or otherwise, I must return the Loan
proceeds by authorizing Lender to debit my bank account for the outstanding principal amount of the Loan. If I timely
cancel and return any funded Loan proceeds to Lender, then Lender will credit my account for any accrued interest and
cancel the Loan. If I do not cancel this Note in compliance with this Section 7, the Loan and this Note remain in full force
and effect.
8. Events of Default: I will be in default under this Note if:
a. I fail to make any payment when due.
b. I fail to satisfy any other promise or agreement.
c. I make any untrue statement to Lender or any statement I made becomes untrue.
d. I start any federal or state bankruptcy proceeding, or someone starts a proceeding against me.
By:
Its Authorized Representative