Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in this Agreement.
About The Consumers Platinum Account: The Consumers Platinum Account is a line of credit that can be used by an Accountholder to shop exclusively at our online shopping website https://www.consumersoutlet.com. This product is not a Visa, Mastercard, or debit card. After obtaining a Consumers Platinum Account, you can make purchases of select items available at or through our website. There are no down payment requirements for purchases at our website. You may not use the Consumers Platinum Account to pay shipping fees. Instead, you must use a valid and active U.S. credit card or debit card to pay for shipping for your Consumers Outlet purchases and to pay your Consumers Platinum Account fees.
About This Offer: You must be at least 18 and possess a valid and active U.S. credit card or debit card. There are no credit bureau checks, employment requirements, or restrictions applicable to those with past bankruptcy history. If we cannot verify your identity or you do not meet our ability to pay requirements, we may be unable to open an account for you. We reserve the right, in our sole discretion, to reject any application for any reason or for no reason.
Mobile Telephone - Permission to Contact: By giving us your mobile telephone number, we have your permission to contact you at that number regarding all accounts you have with us. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls. It may include calls from companies working on our behalf to service your account. Message and data rates may apply. You can change these preferences at any time by contacting us.
About us: Consumers Card Services is not a credit services organization, banking institution or insurance company, nor is it affiliated with any credit services organization, banking or insurance institution. Consumers Card Services does not facilitate or provide assistance in obtaining credit from any other credit-issuing entities. Consumers Card Services does not charge an advanced fee to establish credit and does not attempt or claim to attempt to repair a customer's credit history.
This Consumers Platinum Agreement ("Agreement") includes the Pricing Summary and governs the Consumers Platinum Account. We, us, and our refer to Choice Member Benefits, LLC., DBA Consumers Card Services the provider of the Consumers Platinum Account credit line access, benefit access, and the Consumers Outlet. ("Account") refers to your Consumers Platinum Account. You, your, and yours refer to the person who has applied for the Consumers Platinum Account. By submitting a request for a Consumers Platinum Account and/or using our Consumers Card Services™ service (the "Service"), you agree to this Agreement. You must possess a valid and active U.S. credit card or debit card account ("Bank Account"). You must use this Bank Account to pay your Consumers Platinum Account fees and to pay for shipping for your Consumers Outlet purchases. ("Accountholder") refers to the person whose name is on the Consumers Platinum Account.
One Time Benefit Activation Fee: See Pricing Summary for amount.
Monthly Membership Fee: See Pricing Summary for amount. The Monthly Membership Fee will be charged to your Bank Account each month and will show on your bank statement as Consumers Card Services. Upon payment of this fee, you are entitled to membership benefits. Benefits include access to an unsecured credit line, Identity IQ, My Universal RX, My Roadside Protection and My Legal Assistance benefits. Benefits can be accessed through this website: www.consumersbenefitaccess.com.
Shipping Fees and Important Policies: You must pay shipping fees in full, using your Bank Account, prior to items being shipped. Shipping fees are non-refundable. Items purchased from the Consumers Outlet are subject to www.consumersoutlet.com/returnpolicy. Please review these policies and make sure you fully understand and agree to these policies, which include important information on shipping, refunds, returns and final sale/non-returnable items.
Membership Cancellation: You may cancel your membership at any time. If you cancel your membership, you will lose your benefits, including your access to new purchases, effective immediately after cancellation. To cancel your membership call Member Services at 1-888-905-0424, Monday through Friday from 8:30 AM to 8:00 PM ET (excluding holidays) or online at www.consumersbenefitaccess.com.
Minimum Monthly Payment: The minimum monthly payment for any given month is the greater of: a) 10% of the Consumers Outlet Account balance at the end of the month or b) $25.00 (or the entire Consumers Outlet Account balance if it is less than $25).
Purchases and Monthly Billing: You will be electronically/paper billed monthly for the minimum payment due on your Consumers Outlet Account. Only Accountholders that are in good standing may make purchases at The Consumers Outlet and receive additional Accountholder’s benefits. On occasion, a product or products that you order may be out of stock from our suppliers. In that event, all pre-paid funds, for your convenience, will be automatically applied as a credit to your Consumers Outlet Account.
Your Promise to Pay: You agree to pay all charges on your Consumers Outlet Account regardless of your membership status in accordance with this Agreement and agree to pay at least the minimum payment due shown on each monthly electronic bill/paper statement. You can pay the full Consumers Outlet Account balance at any time. All payments must be received on the date indicated on the electronic bill/paper statement. Payments received are always applied to any unpaid balance. Payments are applied toward purchases in the same order that they were made, older purchases first. You must continue to make your minimum monthly payment until you have paid in full. You can pay in full at any time.
Credit Bureau Reporting: At this time, your Consumers Card Services account does not report to any credit bureau.
How it Works: Upon activation of your membership, you will receive various benefits including access to a line of credit to use exclusively on purchases available through the Consumers Outlet Website. Your Consumers Platinum Account will not work at any other website. Purchases are subject to standard shipping fees, which must be paid using your Bank Account.
Customer Advocacy: If you feel at any time you are not receiving the customer care and attention you deserve, we encourage you to contact our 'Customer Advocacy' department. Customer Advocacy is dedicated to helping you 5 days a week from 8:30 AM until 8:00 PM. Please call 1-888-905-0424 for Customer Advocacy.
Consumers Platinum Membership: As a Member, you will receive privileges in IDENTITY IQ, MY UNIVERSAL RX Prescription Discount Plan, MY LEGAL ASSISTANCE and MY ROADSIDE PROTECTION Plan. Use of Identity IQ requires activation. Upon activation with Account, you are bound by the User Agreement provided at the enrollment site.
Plan Limitations and Restrictions: Access to member benefits is restricted to only the member on file of an active Account. Should you wish to add additional family members to your plan, please contact customer service at 1-888-905-0424 for pricing. Fraudulent use and access of benefits constitutes theft and will be prosecuted to the fullest extent of the law. Consumers Card Services has the right to temporarily suspend or cancel member plans that have the appearance of fraudulent use. It is your responsibility to know your plan limitations. Upon reaching all or any single plan inclusion program limit within a 12-month period, access will be denied.
Identity IQ: To activate your Identity IQ benefits and view your credit report, visit www.consumersbenefitaccess.com and log into your account using the credentials issued to you upon approval of your membership.
My Universal Rx: Members receive up to 50% off at over 55,000 pharmacies nationwide. Check www.consumersbenefitaccess.com or call Member Services for selected medications and changes.
My Roadside Protection: Roadside coverage begins 5 days from the date of enrollment or membership reinstatement. Members are eligible to receive up to 1 service call or towing request every 30 days and no more than 3 within a twelve-month period. Towing costs covered in the plan are capped at 15 miles. Any towing costs from a service that exceed 15 miles are the member's responsibility. Members are also responsible to cover Towing or Service Call costs that exceed $50.00. Additional mileage and associated towing costs must be paid by the member at the time of service. Service calls include fluid delivery (up to 2 gallons of fuel which you must re-pay at the current pump price for your area), Lock out service and flat tire change service with the spare tire you provide. This service is not eligible for accident vehicle recovery.
My Legal Assistance: Members will receive toll free and internet access to Legal resources. Criminal defense cases are not covered under this plan. Your plan entitles you to one free 30-minute consultation with a legal professional in your area specializing in your area of law interest.
Good Standing Requirement: You understand that you must maintain your Account in good standing by making at least the minimum monthly payments on time and accurate account and personal information is up to date. If your Account is in default status, you understand that your Account privileges and benefits may be suspended and/or terminated until you have re-established a consistent pattern of on-time monthly minimum payments.
Incomplete Applications: By clicking 'submit' on the application page, you grant us permission to contact you, when necessary, via e-mail or telephone to complete your application. If we approve your application; you will receive an e-mail confirming your application approval and your associated username and password information ('Login') information. Once you receive this Login information, you may make immediate use of your Account.
Updating Your Phone Number and Other Information: When you apply for an Account, you agree to provide accurate, current and complete information about yourself ("Application Data"). You agree to maintain and update your Application Data to keep it as accurate, current and complete as possible. We reserve the right, in our sole discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Application Data. Notify us immediately if you change mobile or cell phone numbers or plan to give your phone to someone else. It is your responsibility to provide us with a true, accurate and complete mobile number and to maintain and update promptly any changes in this information. You can update your mobile number by calling us at 1-888-905-0424.
Contact Authorization: When you provide us with an email address, you authorize us to contact you by email. When you provide us with a telephone number, you expressly authorize us to contact you by voice or text using automatic dialing equipment and artificial or prerecorded voice messages. These communications may be monitored or recorded. You authorize these contacts even if the number is a mobile phone number or converts to a mobile phone number, and even if you are charged by your service provider. These contacts may concern debt collection, notification of potential fraud, or for other account-servicing purposes. This authorization covers successors, assigns, affiliates, agents and contractors. You agree to maintain an active email account and telephone number at which we can contact you. You agree to provide us with that email address and telephone number and to notify us immediately of any changes to that contact information. You may change your preferences or update your contact information by calling Customer Service at 1-888-905-0424.
Telephone Monitoring: You agree that we (and our affiliates, agents and contractors) may monitor and record any calls between you and us.
Default: Your Consumers Platinum Account will be considered in default status if: a) you fail to pay the minimum monthly payment when due; or b) you breach any of the terms and conditions of this Agreement. If your Account is in default, in compliance with applicable law, we may: a) demand that you immediately pay the entire unpaid balance on your Account; b) apply monies received on subsequent purchases to any delinquent Account balance owed; and/or c) proceed with legal action to collect any unpaid amounts. Furthermore, you understand and agree that if we are unable to obtain payment from your bank, we reserve the right to immediately terminate your Consumers Platinum Account or reduce your available credit until a consistent payment history has been established.
Changes to Your Agreement: The fees and terms of this Agreement may change and we may add or delete any term to this Agreement, consistent with applicable law. We will give you advance written notice of these changes and a right to reject the change, if required by law.
Choice of Law/No Waiver/Severability: This Agreement shall be treated as though it were executed and performed in Indiana, Pennsylvania, and shall be governed by and construed in accordance with the laws of the State of Pennsylvania (without regard to conflict of law principles). To the extent that anything in or associated with the websites, the Service and/or your Account is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
This Arbitration Provision ("Provision" or "Arbitration Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and Choice Member Benefits, LLC., a Limited Liability Company d/b/a Consumers Card Services and/or d/b/a Consumers Platinum Card and/or operating under any other trade name or d/b/a of Choice Member Benefits, LLC. (hereinafter "us", "our", "Consumers" or "we" as appropriate). Arbitration is a form of private dispute-resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (an arbitrator) for a binding decision. You have the right to opt out of this Arbitration Provision if you follow the instructions set out in the paragraph titled "Right to Opt Out" below.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT, EXCEPT WHERE PROHIBITED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO (i) YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS; (ii) THE TERMS & CONDITIONS/TERMS OF USE OF OUR WEBSITES; (iii) THE PRIVACY POLICY; (iv) ANY APPLICATIONS OR SUBMISSIONS FROM YOU TO US; (v) ANY TELEMARKETING OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT LIMITED TO SMS/TEXT MESSAGES) YOU HAVE OR CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS;(vi) ANY E-MAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (vii) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US; (viii) THE CREDIT CARD CONTRACT AND/OR (ix) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US ( HEREINAFTER COLLECTIVELY KNOWN AS "CLAIM") SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY RIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED IN ARBITRATION OR MAY NOT EXIST.
RIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a written notice to us so that it is postmarked no later than 45 days after the earliest in time of the following triggering events: (a) after your application, submission or purchase is initiated; (b) you consent to the Privacy Policy or Terms and Conditions; (c) your use or attempted use of any of our or our partners websites; (d) your submission of an application (whether partial, incomplete, complete or otherwise) to us; (e) your submission or providing express written consent to us to receive e-mail(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive any other information from us or our partners; or (f) signing up for or inquiring about an offer, deal or promotion from us; or (g) activation of your membership. If we approve your application; you will receive an e-mail confirming your application approval. The application approval is your activation of membership date. If you opt out of this Arbitration Provision, you will retain your right to litigate your dispute in a court, either before a judge or jury. The opt out notice must include your name, address, and Account number, must be signed by you (or all of you if there is more than one Account holder) and must be mailed to us at: Consumers Card Services, Attn: Compliance Department PO Box 1275, Indiana, PA 15701. If your written notice is not postmarked within 45 days of the earliest triggering event listed above in this paragraph, your right to opt out will terminate, and you agree that the terms of this Provision will apply. Your decision to opt out of this Provision will not affect your other rights or responsibilities under this Credit Card Contract. If we later amend this Provision, we will let you know if you can opt out of that amendment and, if so, how you can do so.
Parties and Matters Subject to Arbitration: For purposes of this Provision, "we" and "us" include our employees, parent companies, subsidiaries, affiliates, beneficiaries, agents and assigns and other persons and entities you assert a Claim against in connection with a Claim you assert against us. "Claim" shall refer to claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross- claims and third-party claims. All Claims are subject to arbitration, regardless of legal theory and remedy sought, including, but not limited to, claims based in contract, tort (including negligence, intentional tort, fraud and fraud in the inducement), agency, statutory law (federal and state), administrative regulations or any other source of law (including equity). Notwithstanding the foregoing, the word "Claim" does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof; all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Credit Card Contract as a whole is for the arbitrator, not a court, to decide.
Agreement to Arbitrate: Any Claim shall be resolved and settled exclusively and finally by binding arbitration, in accordance with this Provision. Binding arbitration shall not be required, however, for collection actions we bring in court if you default on your Credit Account as set forth in the Credit Card Contract. Furthermore, both you and we retain the right to pursue in a small claims court (or your state's equivalent court) any Claim that is within that court's jurisdiction, so long as the matter remains in such small claims court and advances only on an individual (non-class, non-representative) basis. For any Claims covered by this Provision, a party who asserted a Claim in a lawsuit in small claims court may elect arbitration with respect to any Claim subsequently asserted in that or any related or unrelated lawsuit by any other party.
Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Class Action Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator. Thus, you agree that UNDER THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT OR ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Voluntary Waiver of the Right to a Jury Trial: As a result of this Provision, neither you nor we have the right to litigate any Claim in court or the right to a jury trial on any Claim, except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL.
Governing Law: This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any reason the Federal Arbitration Act does not apply, the substantive law of the State of Pennsylvania shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes the physical address where you reside at the time the Claim is filed. The party bringing the Claim may file its Claim at the American Arbitration Association ("AAA"), or an arbitration organization mutually agreed upon by the parties. The arbitration organization that is selected will administer the arbitration pursuant to its procedures in effect at the time of filing, subject to this Provision. If you do not agree to file your claim with AAA, and the parties cannot agree on an alternative arbitration organization, an arbitrator will be appointed by a court pursuant to the Federal Arbitration Act. In the event of a conflict or inconsistency between the respective organization's rules and this Provision or the Credit Card Contract, this Provision shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Any decision rendered in such arbitration proceeding will be final and binding on the parties, except for any appeal rights under the FAA, and judgment may be entered in a court of competent jurisdiction. The rules and forms of AAA may be obtained as follows: American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, website at www.adr.org.
Arbitrator's Authority: The arbitrator shall apply the applicable substantive law, consistent with the Federal Arbitration Act; shall apply statutes of limitation; and shall honor claims of privilege recognized at law. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. THE RULES AND PROCEDURES OF THE AAA OR OTHER ARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY. Either party may, however, request to expand the scope of discovery. If a request is made, within 15 days of the requesting party's notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party's request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within 20 days of the objecting party's submission.
The Arbitrator's Award: The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts), attorneys' fees and costs and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim). At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No arbitration award between you and us will have any impact on any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award between us and any other person have any impact to an arbitration between you and us.
Expenses: We will pay all expenses of arbitration, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"), to the extent that the Arbitration Fees exceed the amounts you would be required to pay for filing a lawsuit in state or federal court, whichever is less. If you have already paid a court filing fee, you will not be required to pay it again. Throughout the arbitration, each party shall bear his or her own attorney fees and expenses, such as witness and expert witness fees. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator's rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced.
Survival of this Provision:
This arbitration provision shall survive:
Dated: May 26, 2023
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at Consumers Card Services, P.O. Box 1275, Indiana, PA 15701
In your letter, give us the following information:
You must contact us:
You must notify us of any potential errors in writing. You may call us, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the Billing Inquiries address shown on your statement.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you of our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.