These Terms and Conditions govern the use of the ClearSpend card, which is issued to you by BBVA USA.
1. Definitions. The following terms and definitions apply when used in these Terms and Conditions:
- Authorized User – refers to any individual that you allow to use your Card, and any individual to whom, at your request, we issue an additional Card, as described in Section 3 below.
- Business Day - means Monday through Friday, excluding all holidays recognized by the United States government.
- BBVA ClearSpend Web Site and the Web Site – refers to the web site identified on the back of each Card.
- Card – refers to each BBVA ClearSpend Card and to the limited purpose account at BBVA in which the funds available on your Card are maintained. The term Card includes multiple, replacement, or substitute Cards we may issue to Authorized Users in connection with these Terms and Conditions.
- Foreign Transactions - means any transaction on a Card that is made: (a) in a foreign currency; (b) outside of the United States; or (c) with a foreign merchant, even if that transaction is made in U.S. dollars.
- You, your, and yours – refers to the individual who applies for and receives a Card. This person must be 18 years of age or older depending on applicable law.
- We, us, our, Bank and BBVA – refers to BBVA USA, a member of the BBVA Group or as applicable and as the context may require, any agent, independent contractor, designee, or assignees that we may, in sole discretion, involve in the processing of Card transactions.
2. Funds Available on The Card. The Card is a reloadable prepaid Visa card. The funds that are available on the Card are maintained in a limited purpose account at BBVA, but there is no checking or savings account established for you at BBVA that is associated with the Card. BBVA does not pay interest on the funds available on the Card. You may access the funds available on the Card and deposit or “load” additional funds only as provided in these Terms and Conditions. The funds available on the Card are FDIC-insured.
The Card has no minimum balance requirements, but the balance of funds on the Card cannot exceed the maximum balance provided in Section 4 below. You should keep a record of the withdrawals, fees, and other transactions on your Card so that you always will know the current balance of funds on your Card. Because of operational constraints related to processing or posting transactions on your Card, there may be times when your actual balance is more or less than the funds made available to you or the balance shown on your statement, on any balance inquiry at an ATM, or otherwise. The amount of funds shown on the records of BBVA as available on the Card will be determinative of the balance on the Card, unless you can show us differently to our satisfaction. At any particular time, our records may not yet reflect all of your transactions on the Card.
There is no credit line associated with your Card. This means that you must have a sufficient balance of funds on the Card at the time of a transaction in order to pay for the transaction. If a merchant or an ATM operator submits a transaction on the Card for an amount that is greater than the current balance on your Card, BBVA has no obligation to approve that transaction, even if we previously approved other transactions on the Card for which there were not enough funds. If we hire an attorney who is not our employee to collect the amount of any negative balance, you agree to pay all reasonable expenses we incur, including without limitation attorneys’ fees and court costs, to the extent permitted by applicable law.
3. Authorized Users. You may request us to issue up to one (1) additional Card to another individual that is at least 13 years of age. We will determine, in our sole discretion, whether or not to honor your request for any additional Card. If we honor your request, the Card will be issued in the name of the other individual and will have full access to all of the funds available on your Card. For each additional Card, you and any Authorized User agree to be subject to the Schedule of Fees set forth in these Terms and Conditions.
By requesting us to issue an additional Card to any other individual or by allowing any other individual to use your Card, you appoint that person as an Authorized User and your authorized agent to use your Card, subject to these Terms and Conditions, and to obtain information about the funds available on your Card. Our payment for any transaction on your Card by you or any Authorized User will discharge our obligation to you with respect to the amount of that transaction, regardless of the source of the funds on your Card.
4. Loading Funds on the Card. You or any Authorized User may deposit or “load” funds on your Card as described below:
- Through any participating retail location for Visa ReadyLink. Some retailers may charge you a fee for making a Visa Load to the Card, which is in addition to any fees charged under these Terms and Conditions. You may refer to www.visa.com for more information on using Visa ReadyLink or Visa Money Transfers to make a Visa Load.
- Through direct deposits by someone who makes regular payments to you, such as your employer (each, a “Direct Deposit”).
- You can transfer funds from your BBVA USA debit card to your ClearSpend card through the ClearSpend web site and/or the ClearSpend mobile application. You may use this method as long as you have added your BBVA USA debit card as a funding source.
- With cash at a BBVA USA Branch.
For the initial loading of funds on your Card, you agree to subject to the Schedule of Fees set forth in these Terms and Conditions. BBVA does not charge a fee for reloading funds to your Card.
Please see your Schedule of Fees for limits that apply to all funds loaded on your Card, whether by you or any Authorized User.
We may change these limits as provided in Section 24 below. For the purpose of these limitations, a day begins at 12:00 midnight on one day and ends at 12:00 midnight on the following day.
5. Using Funds Available on the Card.
- Ways to Use the Card. Your Card and any Card issued to an Authorized User may be used to access the funds available on your Card. If sufficient funds are available on your Card, you or any Authorized User may use the Card to perform the following types of transactions, subject to these Terms and Conditions, including the transaction limits described in Section 6 below:
- At an automated teller machine displaying the Visa or PLUS logos or other appropriate network logos or identification (a “Visa ATM”), you or any Authorized User may use the Card: (i) to make withdrawals of cash up to the amount of funds available on your Card (less any fees charged for that withdrawal); or (ii) to obtain Card balance information. Some of these services may not be available at all ATMs. For example, you may not be able to withdraw all of the funds available on the Card at a particular ATM because it permits withdrawals only in multiples of twenty dollars ($20).
- At any merchant that accepts Visa® Debit Cards (a “Visa Merchant”), you or any Authorized User may use the Card to purchase goods and services and, for a transaction using a PIN, to obtain cash (subject to any limitations imposed by the merchant), up to the amount of funds available on the Card (less any fees charged for that transaction).
- At the teller of any bank or bank branch displaying the Visa logo (a “Visa Bank”), you or any Authorized User may use the Card to obtain cash up to the amount of funds available on the Card (less any fees charged for that transaction).
- Authorize others to originate automatic debits to your Card (for example - to pay recurring bills) or authorize others to originate recurring deposits, such as payroll and social security payments, to your Card.
We have no obligation to provide you with a check for any funds available on your Card except as provided in Section 22 below.
- Illegal, Gambling and High-Risk Transactions. The Card may not be used for any transaction that is illegal in the jurisdiction where you or any Authorized User live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You and any Authorized User agree that it is your responsibility to determine the legality of each transaction in all applicable jurisdictions before entering into such transaction. Display of the Visa logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, review or evaluate your Card transactions for legality and that we may presume that all of your Card transactions are legal in all applicable jurisdictions. You also agree that you will not use your Card in connection with any Internet or on-line gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an illegal transaction, an Internet or on-line gambling transaction or a high-risk transaction. To the fullest extent permitted by law, you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal.
6. Transaction Limits. Please see your Schedule of Fees for limits that apply to all transactions using the funds on your Card, whether those funds are used by you or any Authorized User.
We may change these limits as provided in Section 24 below. For the purpose of these limitations, a day begins at 12:00 midnight on one day and ends at 12:00 midnight on the following day.7. Your Personal Identification Number/Signature on the Card.
7. Your Personal Identification Number/Signature on the Card. A personal identification number (a “PIN”) is required in order to use a Card at an ATM or with some merchants. You and each Authorized User to whom a Card is issued must (i) select a PIN according to the instructions provided with the Card; (ii) not disclose the PIN to anyone; (iii) not write the PIN on the Card or anything else likely to fall into the wrong hands; and (iv) keep the Card and PIN in a safe, secure place. If the security or confidentiality of any PIN is compromised, you or the Authorized User should notify BBVA at 1-866-236-7967. There is a panel on the back of each Card for a signature. You and each Authorized User should sign this panel upon receiving the Card to help protect against unauthorized use. However, your responsibility for transactions with the Card, as described in these Terms and Conditions, does not depend on whether or not you sign your Card.
8. Authorization Holds.
- Placement of Authorization Holds. We may place a hold on the funds available on your Card for any authorized Card transaction: When a Card is used for certain kinds of transactions, the merchant accepting the Card may request advance authorization of that transaction, and may estimate the amount of the transaction. If we authorize a transaction on a Card, we may place a temporary hold on the funds available on your Card for the amount of that authorized transaction, which we refer to as an “Authorization Hold.” An Authorization Hold is not payment for an authorized transaction, but it will reduce the funds available on your Card by the amount of the hold. We will make payment for a transaction only after the actual transaction is presented to us physically or electronically.
- An Authorization Hold generally will be released within three (3) business days after the date we authorized that transaction. However, certain merchants, especially rental car companies, hotels and others that authorize high dollar amounts may cause an Authorization Hold to remain in effect for an extended period of time. You can see each authorization Hold on the funds available on your Card at any time by calling 1-866-236-7967 or logging in to the ClearSpend website or ClearSpend mobile app.
- Authorization Requests By Merchants. Under the Visa rules governing card transactions, merchants generally are permitted to request authorization only for the actual amount of a transaction. However, certain kinds of merchants in specified situations are permitted to request authorization for a card transaction in an amount different from the amount of the actual transaction. For example, certain merchants may request authorization for the estimated amount of a transaction, and others may request authorization for an amount up to 20% over the amount of the actual bill in order to cover an anticipated tip. When we receive an authorization request from a merchant, we do not receive information from which to determine whether the request covers the actual amount of a transaction, an estimated amount, or whether the merchant’s request exceeds the amount permitted by the Visa rules. For example: If you elect to swipe your Card at a fuel pump, we will be asked to authorize a fixed amount established through Visa, which may be more than the cost of the fuel you plan to pump. To avoid an Authorization Hold that exceeds the amount of the actual purchase, do not swipe your Card at the fuel pump. If you use your Card to pay for a $50 dinner, the restaurant may request authorization for a $60 transaction, as permitted by the Visa rules. If you use your Card at a bar to order drinks totaling $10, the bar might request authorization for a $50 transaction in anticipation that you will place additional orders. Even though this practice is not permitted by the Visa rules, we cannot make this determination at the time we receive the authorization request.
If we authorize a Card transaction, the Authorization Hold will be for the amount requested by the merchant, which may be in excess of the amount of the actual transaction or the amount permitted by the Visa rules. We will have no liability to you in the event any merchant delays or fails to complete final processing of any Card transaction that corresponds to an Authorization hold, and/or in the event any merchant requests an Authorization Hold in error. In general, we will not be responsible for any transactions generated in error by merchants, processing agencies, or any other third parties not under our control, except as may be required under applicable law.
9. Fees and Charges for Use of the Card. You acknowledge that you have been provided the current Schedule of Fees for the BBVA ClearSpend Card. The Schedule of Fees is incorporated into and a part of these Terms and Conditions. We may change the amount and kinds of fees as provided in Section 24 below. You agree to pay any and all applicable fees in effect from time to time, until all use of the funds available on your Card is terminated, as provided in Section 22 below. You authorize us to debit these fees from the funds available on your Card without any further notice or demand, even if your Card is inactive, abandoned, or unclaimed. We shall not be liable for refusing to complete any transactions on a Card because of insufficient funds resulting from debiting these fees and other charges.
If a Card is used at an ATM not owned by us, you may be charged a fee by that ATM’s owner, operator or network, and you may be charged a fee for a balance inquiry even if no funds are withdrawn at that ATM. In addition, you may be charged fees by third parties for use of a Card, such as (i) stores and merchants for POS transactions, and (ii) other banks and financial institutions for cash withdrawals at their branches.
10. Foreign Transactions. All debits to your Card will be posted in U. S. dollars. Card transactions made in a foreign currency are converted to U. S. dollar amounts by Visa, using the then current currency conversion procedure and rate. Currently, the currency conversion rate is either a wholesale market rate or a government-mandated rate in effect the day before the transaction processing date. For each Foreign Transaction you will be charged a Foreign Transaction fee equal to 3% of the transaction amount. This Foreign Transaction fee will be posted as a separate item on your card transaction history. This fee will be charged whether or not there is a currency conversion in connection with the Foreign Transaction.
11. Information About Card Transactions.
- Documentation of Card Transactions. You will receive the following documentation of Card transactions:
- Transaction receipts – At the time you or any Authorized User use a Card at a Visa Merchant, to make a withdrawal at a Visa ATM, or to obtain cash at any Visa Bank, you or the Authorized User may obtain a receipt for the transaction.
- Periodic statements – We will provide to you monthly statements showing all credits and debits (including fees) to the funds available on your Card. If there are no credits or debits to the funds available on your Card during any monthly period, you may not receive a statement for that period, but you will receive a statement at least quarterly. When you requested your Card, you agreed to receive these statements electronically as paper statements are not available for this product.
- Additional Information about Card Transactions. You or any Authorized User also may receive information about Card transactions and the balance of funds available on your Card as described below:
- To learn the current balance of funds available on your Card, go to any Visa ATM or call us at 1-866-236-7967 or via website and app.
- To learn the current balance of funds and also view the most recent credits and debits (including fees) to the funds available on your Card, go to the ClearSpend Web Site or mobile app.
- To learn whether a Direct Deposit or other credit has been posted to your Card, call us at 1-866-236-7967.
- Because not all transactions and fees are posted to your Card at the time they occur, the balance information you obtain from any of these sources may not reflect all transactions you or any Authorized Users have conducted or all fees to be charged to your Card.
- Alerts. You and each Authorized User may request us to send notices alerting you to specific events, balances or transactions on your Card (each, an “Alert”). We will send each Alert, at your instructions, through an email or a SMS/text message delivered to a wireless phone or other handheld device (a “Mobile Device”). Some Alerts are delivered every day on a regular schedule, while others are sent only upon the occurrence of a specific event.
- To receive Alerts, you must enroll either by logging in to the ClearSpend Web Site, or by calling 1-866-236-7967. As part of the enrollment process, you or any Authorized User will be required to provide certain information, including the email address or the telephone number for the Mobile Device to which the Alert will be sent, the telecommunications carrier that provides service to any Mobile Device, and other telephone numbers. It is your responsibility to assure we are provided with accurate, complete and current information for the Alerts, and to notify us immediately if any of the information changes, if service to any Mobile Device is terminated, or if you believe that your Mobile Device has been lost or destroyed, or that your Mobile Device has been accessed without authorization. We reserve the right to refuse or cancel enrollment for Alerts if we cannot verify information about the Mobile Device.
- Your receipt of any Alert may be delayed or prevented by your telecommunications carrier or other third parties. Because the balance of funds available on your Card is subject to change at any time, the information provided in any Alert may become quickly outdated. BBVA does not guarantee: (a) either the delivery or the accuracy of any information requested or provided through Alerts service; or (b) that you will have continuous or uninterrupted access to Alerts. We are not responsible for any delay, failure or error in your enrollment for Alerts or in the transmission or content of information provided through Alerts. BBVA will not be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through Alerts, from any inaccurate information provided through Alerts, from your use of or reliance on any information provided through Alerts, or from your inability to access Alerts. Alerts are not encrypted. You acknowledge that, although we may not show your Card number for any Alert, the Alert may include information about you and/or the funds available on your Card. Depending on where you instruct us to send your Alerts, anyone with access to the email address or Mobile Device to which Alerts are sent may be able to view the contents of the Alerts.
- By providing us with your cellular phone number, you consent to receiving SMS/text messages related to Alerts. BBVA does not charge you any fee to enroll in or receive Alerts. However, your internet service provider or your telecommunications carrier may charge you or any Authorized User to receive an Alert or to send or receive information in connection with Alerts, and SMS/text message and data rates may apply to Alerts sent to a Mobile Device. Check with your telecommunications carrier for information about any text message or data plan that may apply to any Mobile Device used to receive Alerts.
12. Security Procedures for Using ClearSpend Web Site.
- Security Codes. You will be provided with and/or required to select or create one or more alphanumeric codes, images, phrases, questions with a matching answer, or other types of security techniques, all of which are referred to together and separately as your “Security Codes”. We require you to use the Security Codes to gain access to the ClearSpend Web Site, and you will not be allowed to access this Web Site without your Security Codes. From time to time, we may require you to select or create different Security Codes and may change the types of security techniques used to access this Web Site. You agree that use of your Security Codes and any other required security techniques will authenticate your identity and verify the instructions you provide to us through the Web Site. You also agree that we may send notices and other communications about security techniques and your Security Codes, including designations and confirmations of specific Security Codes, to the most recent email address you provided to us through the Web Site.
- Your Obligations. You are responsible for protecting the confidentiality and security of your Security Codes. You should memorize your Security Codes rather than writing them down and, where possible, change your Security Codes regularly. In selecting any Security Codes, you should select items that are different from any other security code that you may have for other products with us or for other secure accounts you have with others. You agree not to reveal the Security Codes to any other person. You understand that anyone who obtains your Security Codes can view information about you and transactions on your Card and, if you used the number for the check card on your BBVA Deposit Account when requesting your Card, to transfer funds from your BBVA Deposit Account to your Card. If you permit any other person to use your Security Codes to access the Web Site, you are responsible for any and all transfers of funds from your BBVA Deposit Account to your Card that the other person may perform on the ClearSpend Web Site.
13. Disputes with Merchants. If you or any Authorized User uses a Card at a Visa Merchant, and a dispute arises about that Card transaction, you agree to make a good faith effort to settle the dispute with the Visa Merchant. You may request us to assist in settling any unresolved dispute by contacting us as provided in Section 30 below. Except as expressly provided in Section 14 below, you cannot stop payment to Visa Merchants for transactions made through the use of any Card.
14. Preauthorized Recurring Payments. If you have authorized any person to debit recurring payments from the funds available on your Card at substantially regular intervals and these payments may vary in amount, the person you are going to pay will tell you, at least ten (10) days before each payment, when it will be debited and how much it will be. If you want to stop the debit of any preauthorized recurring payments from the funds available on your Card, contact us as provided in Section 30 below. In order to stop a particular payment, we must receive your request at least three (3) business days before the payment is scheduled to be made.
To honor your stop payment request, we must replace your Card and each Card issued to any Authorized User. After we receive and act on a stop payment request, neither you nor any Authorized User will be permitted to access funds on your Card until you receive your new Card from us, which may take up to ten (10) calendar days. Unless you instruct us otherwise, we will send a new Card to you and to any Authorized User to whom we had issued a Card, and we will transfer any balance of funds available on your old Card to your new Card. You must contact us at least three (3) business days before the date of a preauthorized payment for us to place a stop payment.
15. Confidentiality of Information about Card Use.
Your prepaid card information is reported to the Visa Prepaid Clearinghouse Service (“PCS”) to assist in fraud prevention measures only. The information obtained from PCS can only be used for fraud investigation purposes. Please contact the Visa Prepaid Clearinghouse Service Customer Service Department for details regarding the information reported and on file with Visa DPS. You will have the opportunity to dispute, if necessary, certain information and Visa will handle the dispute process for you.
Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH
Phone: (844) 263-2111
Fax: (844) 432-3609
Visa PCS Customer Service Department’s business hours are Monday – Friday, 9:00 a.m.– 5:00 p.m. Eastern.
16. Your Liability For Card Use. Tell us AT ONCE if you believe your Card or any Authorized User’s Card has been lost or stolen or is subject to unauthorized use. Telephoning is the best way of keeping your possible losses down. You could lose all the funds available on your BBVA ClearSpend Card.
You will have no liability for unauthorized use of your Card or any Authorized User’s Card if (i) the Card was used for a transaction other than at an ATM, and that transaction was processed through the Visa Network; (ii) you reported the loss, theft or suspected unauthorized use of the Card to BBVA, and (iii) neither you nor any Authorized User acted in a grossly negligent or fraudulent manner in handling the Card. Otherwise, the provisions below will govern your liability for the unauthorized use of your or an Authorized User’s Card.
For all other transactions with your Card or an Authorized User’s Card, if you tell us within two (2) business days after you learn of the loss or theft of the Card or any unauthorized use, you can lose no more than $50 if someone used the Card without permission from you or any Authorized User. If you do NOT tell us within two (2) business days after you learn of the loss or theft of the Card or any unauthorized use, and we can prove we could have stopped someone from using the Card without permission if you had told us, you could lose as much as $500.
Also, if your statement shows Card transactions that neither you nor any Authorized User made, tell us at once. If you do not tell us within one hundred twenty (120) calendar days after the statement was mailed to you, you may not get back any money you lost after the one hundred twenty (120) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Card or an Authorized User’s Card has been lost or stolen or that someone has used or may use a Card without permission, you should:
- Call us at 866-236-7967,
- Write us at Visa Inc., Cardholder Support Services, P.O. Box 636001, 8910 S. Ridgeline Blvd., Highlands Ranch, CO 80163-6001, or
- Log in to the ClearSpend Web Site, or
- Log in to the mobile app
17. Our Liability. If BBVA does not complete a transfer of funds to or from a Card on time or in the correct amount according to these Terms and Conditions, we will be liable for your losses or damages. However, there are some exceptions. BBVA will not be liable, for instance:
If, through no fault of ours, you do not have enough funds available on your Card to make the transfer.
If the ATM where you are or any Authorized User is attempting to make a withdrawal does not have enough cash.
If any terminal or system was not working properly and you or the Authorized User knew about the breakdown when you or the Authorized User started the transfer.
If we are prohibited by law from completing the transfer.
If circumstances beyond our control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that we have taken. If withdrawals from your Card have been prohibited by a court order such as a garnishment or other legal process.
If you have exceeded the limitations on frequency of transfers or dollar amount of transfers.
If a merchant, financial institution, or other party refuses to accept your Card.
If BBVA has reason to believe that the transfer has not been properly authorized or is fraudulent.
If BBVA’s failure was not intentional and resulted from a bona fide error, notwithstanding its procedures to avoid such error, except for actual damages, which do not include indirect, incidental, special, consequential, punitive or exemplary damages.
There may be other exceptions to liability stated in these Terms and Conditions or otherwise provided by applicable law.
18. Disclaimer of Liability. In providing the Card and related services to you, BBVA disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions.
19. Our Right of Set-Off. You acknowledge that, except as otherwise prohibited by law, we have the right to set off against your Card any indebtedness or other obligations which you owe us, at any time, without any further notice to or demand on you, whether the indebtedness or other obligations exist at the time your Card is issued or arise later. The indebtedness includes, without limitation, all charges and any negative balance incurred on any account you hold with us. You agree that, subject to applicable state laws, we may set off against your Card any claim which we have against you without regard to the source or ownership of the funds on your Card.
20. Disputes. Without prior written notice to you, we may hold funds on your Card subject to a claim or we may pay the source of the claim when we receive any notice, claim, or court order which we believe may affect your Card (such as liens, garnishments, attachments, levies, injunctions, or other orders of a court or other governmental agency), regardless of the form or manner in which we receive the notice, claim, or court order and regardless of whether we are a named party to the notice, claim, or court order. We will not be responsible for refusing to let you withdraw funds from the Card or refusing to pay transactions on the Card during the time we are holding the funds because of the claim or after we have paid funds to the source of the claim.
In the event of any controversy with respect to your Card, such as a claim against funds on your Card, we may refuse to pay any funds to anyone until we are satisfied that the controversy is resolved, or we may continue to honor your authority as reflected on our records. We will not be responsible for any damages you may suffer as a result of our refusal to allow you or anyone else to withdraw funds or make charges due to the controversy, or our allowing you to continue to conduct transactions on your Card during the controversy. We also may interplead the funds on your Card in a court of appropriate jurisdiction, naming all of the claimants to the Card as defendants in the interpleader action. You agree to reimburse us for all expenses we incur in an interpleader action, including attorney’s fees and costs, and we may obtain reimbursement of those expenses from your Card without notice to you.
21. Inactive or Abandoned Cards. You acknowledge and agree that BBVA may be required to turn over to a state government authority any funds available on your Card if there are no credits to or transactions on your Card or the Cards of any Authorized Users for the period specified by applicable law (usually not less than 45 calendar days). Once a Card has been placed on inactive, certain Card transactions may be declined, you may not be able to access Card transaction history and information as provided in these Terms and Conditions, and/or you may need to contact us at the customer service number in order to reactivate the Card. Your Card and/or the funds stored on your Card also may be presumed abandoned after a period of time specified by applicable law. Card funds that are presumed to be abandoned will be escheated to the appropriate state in accordance with applicable law.
22. Termination. Each Card shall at all times remain the property of BBVA. You agree upon our request to return your Card to BBVA. Your right to have funds loaded onto your Card (referred to as “Loading Rights”) and the right of you and any Authorized User to use the Card (referred to as “Use Rights”) may be terminated as provided below:
- You may terminate your Loading Rights and/or all Use Rights at any time by notifying us at 1-866- 236-7967.
- We may terminate your Loading Rights and/or all Use Rights at any time, for any reason or for no reason, and without any prior notice to you.
Once your Loading Rights have been terminated:
- We may, without any liability to you or any Authorized User:
- Refuse to load funds or accept any credits to your Card, whether from Direct Deposits or otherwise; and
- Continue to assess any fees otherwise applicable against any funds remaining on your Card.
- Unless we have terminated your Use Rights, you and any Authorized User may continue using the Card to withdraw any funds remaining on your Card.
- If we have terminated your Use Rights, we will send you a check for any funds remaining on your Card.
All Loading Rights automatically terminate when your Use Rights are terminated. All Use Rights automatically terminate when:
- Your Loading Rights have been terminated as provided above; and
- No funds remain on your Card.
Once your Use Rights have been terminated:
- We may, without any liability to you or any Authorized User:
- Refuse to honor any Card transactions presented to us for payment;
- Refuse to load funds or accept any credits to your Card, whether from Direct Deposits or otherwise; and
Continue to assess any fees otherwise applicable against any funds remaining on your Card.
We will send you a check for any funds remaining on your Card to the last address shown on our records for you. Subject to applicable law, you agree that, if the funds remaining on your Card are $1 or less, we do not have to return those funds to you. If we terminated your Use rights, we will send this check at no additional charge to you. If you terminated your Use rights, you agree to pay the fee specified in the Schedule of Fees in effect at the time of your termination. We have no obligation to provide you with a check for any funds available on your Card until all Use Rights have been terminated.
If, after termination of your Loading Rights and/or all Use Rights, anyone attempts to load funds to the Card, we may accept the funds and set off your indebtedness to us (including any applicable fees and charges) against these funds. Termination of your Loading Rights and/or all Use Rights, however the termination may occur, shall not affect prior transactions or obligations relating to your Card existing at the time of the termination. We will have no liability to you or any Authorized User for any damages you or any Authorized User may suffer as a result of termination of your Loading Rights or Use Rights.
23. Survival. The provisions of these Terms and Conditions that relate to any obligation or liability arising prior to termination, or the resolution of any dispute regarding such obligation or liability, shall survive the termination of these Terms and Conditions by either party. By way of example and without restricting the foregoing, the arbitration provisions contained in Section 32 shall survive termination.
24. Changes to Terms and Conditions. We may add, delete or otherwise change the provisions of these Terms and Conditions from time to time. If we make any change, we will give notice of the change to you before it becomes effective. Except as otherwise provided by applicable law, we will provide notice of any change to you at least twenty-one (21) calendar days before the effective date of the change. By retaining or using your Card after any change becomes effective, you agree to that change.
25. Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us in connection with your Card is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. You may make changes to your contact information by contacting us as provided in Section 30 below. We shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.
26. Notice to You. In order to receive notices, you accept responsibility to assure that the contact information you have provided to us is always current and accurate, as required by Section 25 above.
- Mailed Notices. We will not mail any information to an address that the U.S. Postal Service has informed us is “undeliverable” or otherwise invalid. We use reasonable efforts to maintain the first document(s) returned as undeliverable for sixty (60) calendar days, or such longer period of time as may be required by applicable law, after which time we may dispose of the document. We may, but are not required to, change the address for you in our records if the U.S. Postal Service notifies us of a new address for you, and you waive any and all claims against us that arise in connection with any mail forwarded to you or sent to an address for you supplied to us by the U.S. Postal Service. We may make documents, notices or other communications available to you by holding all or any of these items for you, or delivering all or any of these items to you, according to your request or instructions.
- Electronic Notices. We may send an electronic notice either (i) to one or more of the e-mail addresses we have in our records for you for the BBVA ClearSpend Card, or (ii) through the ClearSpend Web Site so that you receive the notice if you log in to the Web Site.
27. Assignment. You may not transfer or assign your rights or obligations under these Terms and Conditions to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you. Subject to the foregoing, these Terms and Conditions shall be binding on the parties hereto and their respective successors and assigns.
28. Reductions in Fees/No Waiver/Severability. Subject to applicable law, we reserve the right, at any time and in our sole discretion, to delay imposing or not to impose part or all of any fee or other amount permitted by these Terms and Conditions or to delay exercising or not to exercise any of our other rights under these Terms and Conditions and, should we do so, we will not waive our right to impose such fee or other amount or to exercise the right as set forth in these Terms and Conditions in the future. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
29. Governing Law. These Terms and Conditions, your use of the Card, and any claim, dispute, or controversy relating to them are governed by the laws of Alabama (without regard to its conflicts of law provisions) and the laws of the United States. We make decisions about issuing BBVA ClearSpend Cards in Alabama. These Terms and Conditions are an agreement entered into between you and us in Alabama.
30. Errors and Questions About Card Transactions. In case of errors or questions about any Card transactions:
- Call us at 1-866-236-7967,
- Write us at Visa Inc., Cardholder Support Services, P.O. Box 636001, 8910 S. Ridgeline Blvd., Highlands Ranch, CO 80163-6001, or
- Log in to the ClearSpend Web Site, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Card transaction listed on the statement or receipt. We must hear from you no later than one hundred and twenty (120) calendar days after the date the erroneous transaction posted to your account.
- Tell us your name and Card number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing or by e-mail within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card.
For errors involving new Cards (i.e., cards that have been open less than thirty (30) calendar days), point- of-sale, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For new Cards, we may take up to twenty (20) business days to credit your Card for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
31. Communications Consent and Monitoring. You authorize us (and our affiliates, agents and contractors) to contact you via any means you have provided us. This includes phone (including cell phone) calls and texting, as well as email, even if you are charged for it by your provider. If we need to contact you for informational purposes, to service your Account or collect amounts you owe, we may contact you using an automated dialer or using prerecorded messages. You agree that we (and our affiliates, agents and contractors) may monitor or record any communications between you and us.
32. Dispute Resolution.
Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to say. The arbitrator will decide who is right. The arbitrator’s decision is called an award. The party who wins the award can take it to any court that could have heard the dispute and get an official judgment. Please read the rest of this section carefully. It explains how arbitration works.
Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a dispute, neither you nor we can ask a court to hear that dispute.
There will be no jury trial of that dispute. You cannot be part of any class action relating to that dispute. The right to get information from each other and other procedures may be more limited in arbitration than in court. With a few limited exceptions, the arbitrator’s award will be final and unchangeable. Other rights that you or we would have in a court also may not be available in arbitration.
What Disputes Are Covered: Any dispute that arises from or relates to this agreement, your prepaid card and any transaction involving the prepaid card or any service or product related to your prepaid card will be settled by arbitration unless it is described below in “What Disputes Are Not Covered.”
This means that disputes about the following are covered:
- This agreement, your prepaid card or any transaction involving the prepaid card or any service or product related to your prepaid card;
- Any advertisement, promotion or oral or written statement related to this agreement or your prepaid card;
- Any relationships that result from this agreement or any relationship you have with us that is not also subject to a different agreement to arbitrate (including, as far as applicable law will allow, relationships with third parties who are not parties to this agreement or this arbitration provision);
- The validity, interpretation, scope or enforceability of this agreement (except for any challenge to the enforceability of this Dispute Resolution section or any dispute about the parts of this section about class disputes); and
- Whether it is too late to settle a dispute because of any statute of limitations, estoppel, waiver, laches or similar legal rule.
It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity or otherwise. It also doesn’t matter when the dispute began (whether before this agreement, now or in the future). This arbitration provision will continue to apply after this agreement ends and/or after you or we close the prepaid card.
What Disputes Are Not Covered: This arbitration provision does not cover any dispute:
- That you or we could take to a small claims court, which usually limits its cases based on the amount of the claim; or
- About the parts of this arbitration provision that prohibit class disputes.
No Class Disputes: You cannot join together in a dispute with anyone other than people who use your prepaid card. Even if other people have disputes similar to a dispute that you or we ask to arbitrate, those people and their disputes cannot be part of any arbitration between you and us. You cannot arbitrate any dispute on a class action, private attorney general or other representative basis. Only a court, and not an arbitrator, may decide whether this provision prohibiting class disputes can be enforced. Who Will Arbitrate: The American Arbitration Association (“AAA”) or JAMS ADR (“JAMS”) may arbitrate any dispute, or you and we may agree upon a different arbitrator. For more information about arbitration, contact the AAA (www.adr.org or 1-800-778-7879) or JAMS (www.jamsadr.com or 1-800352-5267). If for any reason the AAA or JAMS is unable or unwilling to arbitrate, or you and we cannot agree on an arbitrator, we will use another national or regional arbitration group.
The number of arbitrators will depend on the total dollar amount of all disputes by both you and us. If the total is $250,000 or less, one arbitrator will hear the dispute(s). If the total is over $250,000, three arbitrators will hear the dispute(s).
Each arbitrator must be an active member in good standing of the bar for any state in the continental United States, and either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.
What Rules Apply: The arbitration of any dispute will be conducted according to the rules of the arbitrator (“Rules”). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. If the total of all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this agreement and the Rules say something different, we will follow this agreement and not the Rules.
How To Start Arbitration: Either you or we may start an arbitration by giving written notice to the other party. At a minimum, this notice must describe the subject of the dispute and the result requested in arbitration by the party giving the notice. If you ask us to arbitrate, you can choose the AAA or JAMS, or suggest another national or regional arbitration group to arbitrate the dispute. If we ask you to arbitrate, we will give you 10 days to choose the AAA or JAMS, or to suggest another national or regional arbitration group. In either case, if you suggest an alternative to the AAA and JAMS, we will work with you to determine if you and we can agree on a different group or arbitrator. If you and we are unable to agree, the arbitration will be conducted by the AAA or, if the AAA is not available, by a similar arbitration group. The party asking for arbitration must file a notice with the arbitration group following the Rules in effect at that time.
When a Party May Ask for Arbitration: You or we may ask for arbitration before or after a lawsuit has been filed. You or we must ask for arbitration within the statute of limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in court, it is also too late to resolve it in arbitration.
What the Arbitrator(s) Must and May Not Do: Each arbitrator must:
- Limit discovery to information that is directly relevant to the dispute and is not considered confidential or otherwise protected from being made public. Discovery is the process by which you and we ask each other for information about the dispute;
- Make decisions and awards based on the evidence and applicable substantive law and the rules of evidence used in federal courts;
- Make decisions and awards only with respect to claims made by or against you individually;
- Give a brief written explanation of the basis for the award upon request of either party; and
- Make specific findings of fact and conclusions of law to support any award greater than $25,000.
- Not make any award that would require you and us to continue any relationship we may have under this Agreement or otherwise.
Who Pays for Arbitration: There will be costs for arbitration. Contact the AAA or other arbitration group to find out what the arbitration charges will be. You may have to pay some of the arbitration charges unless this agreement, an applicable law or the Rules say we must pay. If the total dollar amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is more than the cost of filing a lawsuit in the federal court where you live. You can ask us to pay some or all of the other arbitration charges you have to pay, but we don’t promise to do as you ask. At the end of the arbitration, the arbitrator(s) will decide who has to pay for any arbitration charges that are greater than those we agreed to pay. The arbitrator(s) also may order us to pay some or all of your attorneys, expert and witness fees. Unless ordered otherwise by the arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who wins.
Where Will Arbitration Take Place: Any arbitration will take place in the federal judicial district near your home. Or, you and we could agree that arbitration will take place somewhere else.
What Law Applies: This arbitration provision is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act will apply to the construction, interpretation and enforceability of this arbitration provision despite any other choice of law provision in this Agreement.
Other Rights and Remedies: Nothing in this arbitration provision will limit certain other rights you or we may have. This means that you or we could, for example:
- Get an injunction, which is a court order to stop someone from doing something; or
- File an interpleader action, which is a type of lawsuit used to decide who owns property that more than one person claims to own.
If you or we do any of these things or take part in any other court case, it does not affect your or our rights under this arbitration provision.
What Happens If Part or All of This Arbitration Provision Cannot Be Enforced: Only a court and not an arbitrator can determine if any part of this arbitration provision cannot be enforced. If a court with proper jurisdiction says that any part of the “No Class Disputes” subsection above (which prohibits arbitration of class disputes) cannot be enforced, then none of the arbitration section in this Agreement will apply, and this section will be considered deleted from the Agreement. If a court with proper jurisdiction says that any other part of this arbitration provision cannot be enforced, then the rest of this arbitration subsection still will apply, including the “No Class Disputes” subsection above.
Waiver Of Jury Trial: This provision limits your rights to a jury trial. You should review this section carefully. If you and we have any dispute related to this agreement, your prepaid card, or any transactions involving your prepaid card or any service or product relating to your prepaid card and (i) neither you nor we seek to compel arbitration of the dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be resolved in court, then you and we agree voluntarily and knowingly to waive any right each may have to a jury trial to the fullest extent permitted by law.
Attorneys’ Fees. In any action between you and us in court, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or defending the court action. Your Ability to Withdraw Funds Our policy is to make funds loaded on your Card available to you on the day we actually receive the funds. Once the funds are available, you can withdraw funds in cash and we will use the funds to pay your transactions on your Card.
|TABLE OF CHARGES FOR BBVA CLEARSPEND CARD|
|CLEARSPEND PREPAID CARD LIMITS|
|Maximum Balance of Funds on Card||$6,500|
|Maximum Amount of Any Direct Deposit Load||$6,500|
|Cash Load Limits||
$2,500 per load
|BBVA Debit Card Load Limits||
$2,500 per load
|Visa ReadyLink Load Limits||
$600 per load
|Minimum Load Amount||$25|
|Limit for ATM Transactions
$600 per transaction
|Limit for all Other Transactions||
$2,500 per transaction
|Combined Limit for both ATM and Other Transactions||$3,500 per day|
|Minimum Deposit||$25.00||Minimum Load Amount is $25|
|Secondary Card||$0.00||Maximum 1 additional cardholder per Account|
|Monthly Service Charge||$4.00||Waived with $400 or more in loads during each monthly period. The Monthly Service Charge will be assessed on the 15th of the following month if load requirement has not been met for the preceding month.|
|Cash Reload||$0.00||Load Cash at any BBVA USA Branch Location|
|Transfer Funds||$0.00||BBVA USA Debit Card, Direct Deposit, Paypal®, PopMoney®, Venmo®|
|Visa ReadyLink® Cash Load
||$4.50||This is a 3rd party fee and may vary by location. BBVA USA will not charge you a fee to reload your card using a ReadyLink® location. Fee accurate as of 12/5/2017
|ATM cash withdrawal - In Network||$0.00||When using BBVA USA ATMs.|
|ATM cash withdrawal - Out of Network||$2.00||BBVA USA will not charge a fee for the 1st out-of-network ATM withdrawal each month. BBVA USA fee will be assessed on additional out-of-network withdrawals within that month. You may also be charged a fee by the ATM operator for all withdrawals.
|Teller cash withdrawal
||$0.00||Financial Institutions other than BBVA USA may assess a fee|
|Purchase with Cash Back||$0.00||Using your PIN at Point of Sale|
|Signature Purchase||$0.00||Signing for Purchase at Point of Sale|
||$0.00||Bill pay is not available through the ClearSpend website. We will not charge a fee for bill payments set up through a biller's Website.
|ATM balance inquiry (In Network and Out of Network)||$0.00||BBVA USA will not charge a fee for checking your balance using an in or out-of-network ATM. You may be charged a fee by the ATM operator.
|Customer Service Call (Automated or live agent)||$0.00||Unlimited automated and live Customer Service Assistance|
|Paper Statement||N/A||Paper Statements Are Not Available for this Product. All account information, including statements can be found online.|
|Using your card outside the U.S.|
|International transaction||3.00%||Percent of the U.S. dollar amount of each transaction assessed by BBVA USA. Foreign Financial Institutions and retailers may assess an additional fee.|
|International ATM withdrawal||$3.00||BBVA USA will not charge a fee for the first international ATM withdrawal each month. BBVA USA fee will be assessed on additional international withdrawals within that month. You may also be charged a fee by the ATM operator for all withdrawals.
|International Teller cash withdrawal||3.00%||% of the U.S. dollar amount of each transaction assessed by BBVA USA. Foreign Financial Institution may assess an additional fee.|
|International ATM Balance Inquiry||$1.00||BBVA USA fee will be assessed for every international ATM balance inquiry. You may also be charged a fee by the ATM operator for all balance inquiries.|
|Replacement card||$0.00||Maximum of 3 replacement cards allowed|
|Express delivery||$20.00||Per Card|
|Paper check||$15.00||A paper check may be requested when an account is closed. Checks are not otherwise available for this product.|
|Inactivity||$0.00||Your card will be closed if there is no activity on your account for 12 months.|
Your funds will be held at or transferred to BBVA, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event BBVA fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
We reserve the right to waive, reduce or reserve charges or fees in individual situations. Other financial institutions and/or ATM operators may charge for using their ATMs. Additional fees from other parties may be incurred such as mobile phone carriers or Internet providers. Please check with your wireless carrier and Internet provider about such fees.
Visa and Visa Readylink® are registered trademarks of Visa International Service Association and used under license. Paypal® and Venmo® are registered trademarks of Paypal, Inc. Popmoney® is a registered trademark of Fiserv, Inc.
© 2019 BBVA USA Bancshares, Inc. BBVA USA is a Member FDIC. BBVA and BBVA Compass are trade names of BBVA USA, a member of the BBVA Group. Rev. 10/2018 #2809-B