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You have requested to receive certain federal government benefits by a Direct Express® Debit Mastercard® Card ( “ Card ” ) issued by Comerica Bank ( “ us, we ” ), rather than receiving a check or lineal depository to your discipline or savings account. You do not have to accept this benefits calling card. If you do not agree to accept the Card under these Terms, do not activate your Card. alternatively, dispose of it by cutting it in half, advise Customer Service at the act below, and contact the agency paying your benefits to make other arrangements for receiving future profit payments. Keep these Terms of Use ( “ Terms ” ) and the other information you received about the Card in a safe put with your other important documents, but do not keep your PIN with your Card. These Terms describe your rights and our rights regarding your Card, the use of your Card, and your Card Account .
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Definitions:
Agency. The Federal Government Agency that pays your Benefits .
ATM. Automatic Teller Machine displaying the Mastercard® logo or Mastercard® ATM Alliance Logo.Reading: Direct Express®
Benefits. The federal Government payments you receive electronically from the Agency .
Business Day. Monday through Friday, excluding federal holidays .
Card. The Direct Express® Debit Mastercard® Card or its batting order number issued by Comerica Bank that is used to access funds in your Card Account. Access in some cases requires the use of your PIN .
Card Account. The account held at Comerica Bank to which your Benefits are electronically transmitted by the Agency and which you access by using your Card. You are the owner of the funds in the Card Account. The funds are FDIC guarantee to the maximal amount permitted by law .
PIN. The Personal Identification Number that you select .
Transaction. A purchase, cash withdrawal, cash back, cash progress, merchant credit, Benefit down payment or early transaction made with your Card . -
Getting Started
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A. Activating Your Card & Selecting a
PIN- By accepting this Card, you agree to call Customer Service at
the number below to select your PIN and activate your Card. See
the enclosed Direct Express® Debit
Mastercard® Card brochure for more
information. - Keep your PIN in a safe place. Do not write it on your Card or
keep it near your Card.
- By accepting this Card, you agree to call Customer Service at
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B. When Your Funds are Available
- Once you have activated your Card and selected your PIN and we
have received and credited funds from the Agency to the Card
Account, you can begin using your Card. These funds are usually
available the same Business Day we receive them. - If the Card Account is credited with an amount you are not
entitled to receive, the amount may be deducted from the Card
Account without prior notice to you. If the incorrect amount is
from the Agency and you used those funds, the Agency can reclaim
those funds. If we incur a loss as a result of either of these
situations, we may recover those funds from you or your estate.
(See Section XI, “Adjustments to Your Card Account”) - You may not deposit funds to your Card Account. Except for
credits from merchants (for returns or adjustments), only the
Agency may add funds to the Card Account.
- Once you have activated your Card and selected your PIN and we
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Using your Card
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A. General Use of your Card
- You can use your Card to pay for merchandise or services from
any merchant that accepts Mastercard® debit
cards. You can also use your Card at ATMs that display a
Mastercard® logo. There are no Card fees
for
many of these Transactions. (See Section X, “Fees”) - To use your Card at ATMs or to get cash back when using your
Card to make purchases, you must use your PIN. For other
transactions, you should select “credit” and you may be asked to
sign the sales receipt. Selecting “credit” does not mean that we
or the Agency are lending you money. -
The come of each Transaction will be deducted from your available Card Account counterweight along with any applicable fees ( See Section X, “ Fees ” ) You should ensure that you have enough available funds in the Card Account to cover the Transaction and prior Transactions. You may not overdraw your Card Account .
Funds that are discipline to a transaction Hold ( see Paragraph B.1 of this Section III “ Transaction Holds ” ) or security freeze ( see Paragraph 3 of Section V ) are not available for early Transactions . - If you make a purchase through a Point of Sale (“POS”) terminal,
a cash refund or adjustment will not be given to you if you
return the merchandise. Instead, the merchant will process a
credit transaction, and we will apply the credit to your Card
Account balance. - You can instruct us through our automated telephone Funds Transfer service, Mobile App, or Website to transfer funds from your card account to your personal United States bank account. If we cannot authenticate or verify your personal bank account information, we may limit your initial transfer to $200.00 or not allow the transfer to proceed. There is a fee for each transfer (See Section X, “Fees”). Transfers generally take three (3) Business Days.
- Instructions to make a telephone transfer or bill payment that
are received after our cutoff hour or on a non-Business Day will
be considered received as of the next Business Day. Once a
transfer or payment instruction has been confirmed by us, you
cannot cancel the Transaction.
- You can use your Card to pay for merchandise or services from
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B. Transaction Holds, Preauthorized Payments, and Preauthorized Credits
- Transaction Holds. For some Card purchases,
such as car rentals and hotel accommodations, the merchant may
request authorization in advance for an estimated amount. If the
authorization is approved, we place a temporary hold
(“Transaction Hold”) on your funds for the estimated amount of
the purchase so that we can ensure that sufficient funds are
available when the purchase is completed. Until the Transaction
finally settles, or we determine that it is unlikely to be
processed, the held funds will not be available for other
Transactions. Once the preauthorized Transaction finally
settles, we will charge your Card for the correct amount of the
final transaction and will release any excess amount. If we
determine that it is not likely the preauthorized Transaction
will be processed, we will release the hold and those funds will
be available for your use. - Preauthorized Payments. You may use your Card
to make regular, pre-authorized payments to merchants by giving
your Card Account information to the merchant. If these payments
may vary in amount, the person you are going to pay will tell
you 10 days before each payment, when it will be made and how
much it will be. You may choose instead to get this notice only
when the payment would differ by more than a certain amount from
the previous payment, or when the amount would fall outside
certain limits that you set.You have the right to stop a pre-authorized
payment from your Card Account if you call us at the Customer Service
number below, or write to us at Direct Express®,
Payment Processing Services, PO Box 540190, Omaha, NE 68154-0190.
We must receive your request at least three (3) Business Days before the payment is
scheduled to be made. (Note: If we do not receive your request at least three (3)
Business Days before the scheduled payment, we may attempt,
at our sole discretion, to stop the payment. However, we
assume no responsibility for our failure or refusal to do
so, even if we accept your stop payment request). If you
call, we may require you to put your request in writing to
us and to provide us with a copy of your notice to the
payee, revoking the payee’s authority to originate debits to
your Card Account, within 14 days after you call. If we do
not receive the written confirmation within 14 days, we may
honor subsequent debits to your Card Account. For individual
payments, your request should specify the exact amount
(dollars and cents) of the transfer you want to stop, the
date of the transfer, and the identity of the payee. Unless
you tell us that all future transfers to a specific
recipient are to be stopped, we may treat your stop payment
order as a request concerning the one transfer only. If you
order us to stop one of these payments at least three (3)
Business Days before the transfer is scheduled and we do not
do so, we will be liable for your losses or damages. - Preauthorized Credits. If you have arranged to have direct
deposits made to your account at least once every 60 days from the same person
or company, you can call us at 866-606-3311 to find out whether or not the
deposit has been made. Only federal benefit payments can be applied
to your Card Account.
- Transaction Holds. For some Card purchases,
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Transactions We May Refuse to Process
A transaction may not be processed if : ( a ) the amount of the Transaction exceeds your available balance, ( bel ) the Card has been reported lost or stolen, ( hundred ) we are changeable whether you have authorized the Transaction, or ( five hundred ) there is a challenge involving your available libra. If you believe you were entitled to receive Benefits in an total different than what was credited to your Card Account, you should contact the Agency .
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Problems Using Your Card
- If you experience a problem using your Card at the self-service pump of
a gas station, you may have to go inside to pay. - If you have problems using your Card and you believe you have sufficient
available funds for the Transaction, call us at the Customer Service
number below. - If we notice Transactions that are unusual or suspicious, we may place a
temporary security “freeze” on your Card while we attempt to contact
you.
- If you experience a problem using your Card at the self-service pump of
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Record of Your Transactions, Card Account Balance & Know Your
BalanceYou should check your Card Account balance and Transaction history on a regular basis. The information is available to you detached of mission through our Customer Service act and at our network web site, www.usdirectexpress.com. For a tip, you can besides receive written statements each month .
- Keep track of your Transactions, including Transaction Holds, so you
know your Card Account balance. - When you withdraw cash or make a purchase, you can get a receipt for the
Transaction. In some cases, the receipt will indicate your Card Account
balance. You also can get information about your Card Account balance
and a record of your Transactions by calling the Customer Service number
below or by visiting www.usdirectexpress.com.
[ note : Balance information may not include Transactions or fees that are still in action and have not so far settled. The counterweight besides may include payments national to a deem ( See Section III, Paragraph B “ Transaction Holds ” ) or a security freeze ( See Section V, Paragraph 3 ) ] - From the website, you can select and print transaction history for up to
12 months for tracking the transactions posted to your Card account. The
amount of your available funds is also available on the receipt you get
when you make a withdrawal or balance inquiry at certain ATMs. You also
have the right to obtain at least 24 months of written history of Card
Account transactions by calling us at the number on the back of your
card or writing us at Direct Express®, Payment Processing Services, PO Box 540190, Omaha, NE
68154-0190. You will not be charged a fee for this information unless
you request it more than once a month.
- Keep track of your Transactions, including Transaction Holds, so you
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Card and PIN Security–REPORT LOST OR STOLEN CARD
You agree not to give or otherwise make your Card or PIN available to others. If you do, you will be creditworthy for any Transactions they conduct, even if they exceed your authority. For security reasons you agree not to write your PIN on your Card or keep it in the same stead as your Card .
If you believe your Card or PIN has been lost or stolen or that person has or may transfer or take money from your Card Account without your license, report it by calling the Customer Service number below ampere soon as possible. You can besides write to us at Direct Express®, Payment Processing Services, PO Box 540190, Omaha, NE 68154-0190 or visit our web site at www.usdirectexpress.com. Calling us is the fastest way to report this loss. once your card or PIN is reported to us as lost, stolen or destroyed, your Card will be cancelled, and you will have no indebtedness for foster Transactions involving the use of the canceled Card. -
Your Liability for Unauthorized Transactions
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Tell us AT once if you believe your Card or PIN has been lost or stolen. Telephoning us at the Customer Service number is the best means of keeping your potential losses down. You could lose all the money in your Card Account. If you tell us within two ( 2 ) Business Days, you can lose no more than $ 50 if person used your Card or PIN without your permission. If you do not tell us within two ( 2 ) Business Days after you learn of the loss or larceny of your Card or PIN, and we can prove that we could have stopped person from using your calling card or PIN without your license if you had told us, you could lose vitamin a a lot as $ 500 .
If you can ’ t telephone us, you can write to us at Direct Express®, Payment Processing Services, PO Box 540190, Omaha, NE 68154-0190. If you are a California house physician, you will not be liable for the $ 500 amount described above in any event. If you are a New York house physician, your liability for the unauthorized practice of the Card will not exceed $ 50 .
besides, if the written Transaction history or other Card Transaction data provided to you shows transfers that you did not make, tell us at once. If you do not tell us within 120 days after the transmit allegedly in error was credited or debited to your Card Account, you may not get back any money you lost after the 120 days if we can prove that we could have stopped person from taking the money if you had told us in time. If a good rationality ( such as a retentive slip, a hospital stay, or the illness of a family member ) kept you from notifying us, we will extend the time periods . - Once your Card or PIN is reported lost, stolen or destroyed, the Card will be canceled, and you will have no liability for further Transactions conducted with the Card.
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Tell us AT once if you believe your Card or PIN has been lost or stolen. Telephoning us at the Customer Service number is the best means of keeping your potential losses down. You could lose all the money in your Card Account. If you tell us within two ( 2 ) Business Days, you can lose no more than $ 50 if person used your Card or PIN without your permission. If you do not tell us within two ( 2 ) Business Days after you learn of the loss or larceny of your Card or PIN, and we can prove that we could have stopped person from using your calling card or PIN without your license if you had told us, you could lose vitamin a a lot as $ 500 .
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In Case of Errors or Questions about Your Card Transactions
- Call the Customer Service number below or write to us at the address
below as soon as you can if you think an error has occurred in your Card
Account. We must hear from you within 120 days after the transfer allegedly in
error was credited or debited to your Card Account. You will need to tell us:- Your name and Card number.
- Why you believe there is an error, and the dollar amount
involved. - The approximate date when the error took place.
Please provide us
with your street address, email address and telephone number,
as well, so that we can communicate with you.
- If the error cannot be resolved over the phone, you must provide us
written notice of the error within 10 Business Days at Direct
Express®, Payment Processing Services, PO Box 540190,
Omaha,
NE 68154-0190. - We will determine whether an error occurred within 10 Business Days
(20 Business Days for new Card Accounts opened less than 30 days) after we hear
from you, and we will correct any error promptly. If we need more time,
however, we may take up to 45 days to investigate your complaint or question. If
we decide to do this, we will credit your Card Account within 10 Business Days
(20 Business Days for new Card Accounts opened less than 30 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 10 Business
Days, we may not credit your Card Account. For errors involving new accounts,
point-of-sale, or foreign-initiated transactions, we may take up to 90 days to
investigate your complaint or question. - We will tell you the results of our investigation 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 we used in our investigation to make our determination. - If you need more information about the error resolution procedures, call
us at the Customer Service number below.
- Call the Customer Service number below or write to us at the address
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Fees
We will charge you and you agree to pay the fees and charges described on the list of All Fees included with your Card. See the booklet accompanying your card for ways to avoid fees. If you believe a fee was charged when it should not have been, call Customer Service at the count below .
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Adjustments to Your Card Account
There are occasions when adjustments will be made to your Card Account proportion to : reflect a merchant allowance ; resolve a dispute regarding a transaction posted to your Card ; chastise deposits or Transactions posted in error ; or because the Agency required the render of the Benefits received after you died or were declared incompetent ( “ Reclamation ” ). These adjustments could cause your Card Account to have a minus libra .
If you do not have sufficient funds in your account to cover a transaction or fee, the amount owed may be deducted from future credits to your Card Account and/or we may seek reimbursement from you, your estate of the realm or beneficiaries .
Remember, you always have the right to dispute adjustments posted to your Card Account . -
Our Liability to You
If we do not complete an electronic fund remove ( Transaction ) to or from your Card Account on fourth dimension or in the compensate sum according to these Terms, we will be apt for your losses or damages. There are some exceptions, however. We will not be liable, for case, if :
- Through no fault of ours, you do not have enough available funds in your
Card Account to complete the Transaction; - We believe you may not have authorized the Transaction;
- Circumstances beyond our control (such as fire, flood, water damage,
power failure, strike, labor dispute, computer breakdown, telephone line
disruption, or natural disaster) prevents or delays the transfer,
despite reasonable precautions taken by us; - The debit card system being used, including but not limited to the ATM
or POS terminal was not working properly and you knew about the problem
when you started the Transaction; - The Agency did not transmit Benefits for us to credit to your Card
Account; - Funds in your Card Account were held as a result of legal process, a
Transaction hold or security freeze described in these Terms; or - The Transaction could not be completed because your Card was damaged.
- Through no fault of ours, you do not have enough available funds in your
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Suspending or Canceling your Card.
- We may temporarily suspend or permanently terminate your use of the
Card, including electronic access to your Card Account:- immediately if: you breach any of the provisions of these Terms; we are
notified to do so by the Agency; we believe that there has been or may be
unauthorized use of your funds, Card or PIN; there are conflicting claims
to your funds; you have made more than one claim of unauthorized Transactions; we believe your Card is being used for any unlawful purpose;
or we believe you are named as a specially designated national by the Office
of Foreign Asset Control or presidential order; or - within 30 days after giving you notice of our intent to suspend
or terminate your Card.
- immediately if: you breach any of the provisions of these Terms; we are
- You may cancel your Card by giving us prior written notice or
telephoning us at the Customer Service number below. - Termination of your Card does not relieve you of your responsibility to
reimburse us for any amounts owed to us under these Terms even if you
cancel the Card. - You should notify the Agency when your Card is permanently canceled to
make other arrangements for receiving your Benefits.
- We may temporarily suspend or permanently terminate your use of the
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LEGAL & GENERAL TERMS
- Governing Law. The funds in your Card Account are
deemed held in the State of Michigan. Unless a federal law or regulation
applies to a specific section of these Terms or use of the Card, these
Terms will be governed by and interpreted in accordance with the laws of
the State of Michigan. Depending on where you live, you may have
additional rights under certain state laws that apply to us and your
Card. We will comply with applicable federal and state law. - Limitation on Time to Sue. Unless prohibited by law, an action or proceeding by
you to enforce an obligation, duty or right arising under these Terms or
applicable law with respect to your Card or Card Account must be
commenced within 12 months after the cause of action accrues. -
Dispute Resolution, Venue, and Waiver of Right to Jury
Trial/Judicial Reference. If you have a problem with or related to your Card or Card Account, please call Customer Service at the act below immediately. In most cases, a telephone bid will cursorily resolve the problem in a friendly, informal manner. If, however, a dispute can not be resolved colloquially, you or we may file a motor hotel action in the state where you have told us you reside with a woo having submit topic legal power .
Unless the jurisprudence provides differently or the title is brought before a court in the State of California, you and we both agree to give up the good to a test by jury to resolve each challenge, claim, demand, court carry through, and controversy ( “ claim ” ) between you and us arising out of or relating to your Card and/or Card Account. This includes, without limitation, claims brought by you as a class representative on behalf of others and claims by a class example on your behalf as a class extremity .
For claims brought in a court in the State of California, you and we agree that such claims shall be resolved by a character proceed in accordance with the provisions of Sections 638 et. seq. of the California Code of Civil Procedure ( “ CCP ” ), or their successor sections, which both of us agree constitutes the exclusive remedy for the resoluteness of any challenge, including whether the quarrel is subject to the reference proceed. The referee in the reference proceeding ( one ) shall hear and determine all issues, including but not limited to discovery disputes, ( two ) is empowered to enter equitable and legal relief, convention on any movement otherwise permissible under the CCP, and ( three ) may issue a decision dispose of all claims which shall be entered by the court as a final, binding and conclusive judgment, topic to appeal. A discriminative reference continue is a test decided by a court-appointed referee and not by a jury .
You understand that without this jury trial release or agreement to submit claims for resolution by a reference continue, you may have a right to a jury test on such matters, but you however agree voluntarily to waive that correct. You acknowledge that you have had the opportunity to discuss this provision with your legal advocate . - Privacy. We and our agents, acting on our behalf,
collect nonpublic personal information about you (e.g., your name,
address, telephone number, social security number, and date of birth)
from the following sources: information we receive from you on
applications/enrollments forms for the Card; and information about your
Transactions with us or with others, including but not limited to the
Agency. We do not release personal nonpublic financial information
obtained in connection with this Card program about current or former
Cardholders to anyone, except to process and/or enforce Transactions
with us and with others; to facilitate your Card enrollment and Agency
payments/adjustments; to provide educational materials and other Card
program features; as permitted or required by law, regulation, legal
process or court order; to report to local, state and federal
authorities if we believe a crime may have been committed involving a
Card; or as otherwise requested by you. We restrict access to nonpublic
personal information about you to our agents and employees who have a
need to know that information in order to process your Card and
Transactions. We maintain physical electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal
information. - Assignment. You may not assign your rights or
obligations in connection with these Terms or your Card to others. -
Legal process. We may comply with any subpoena, recruit or other legal action which we believe in full faith is valid. Unless the law prohibits us, we may notify you of such process by telephone, electronically or in write. If we are not amply reimbursed for our read search, photocopying and handling costs by the party that served the serve, we may charge those costs to your Card Account. We may honor legal process that is served in any manner at any of our offices, including locations early than where the funds or records sought are held, even if the law requires personal delivery at a different location.
note : Certain benefit payments are protected from garnishment by union and/or state law, which may impose requirements and limitations on legal process. A fee of up to $ 50.00 may be assessed for the review and march of estate claims including the distribution of any remaining funds to a die cardholder ‘s estate .
- Change in terms. We may add to, delete or change these
Terms at any time by providing you with prior notice as required by law. - Severability/Waiver. If any provision of these Terms is
deemed unlawful, void or unenforceable, it will be deemed severed from
these Terms and shall not affect the validity and enforceability of the
remaining provisions. We may delay enforcing our rights under this
Agreement without losing them. Any waiver by you or us will not be
deemed a waiver of other rights or the same rights at another time. - Unclaimed Property. Under certain circumstances, we are
required by state law to relinquish the balance in accounts in which
there has been no activity for a specified amount of time, such as
deposits, withdrawals, balance inquiry or any other Customer-initiated
contact. The time period for relinquishment, also called escheatment,
varies by state. You agree that we are not liable for any loss you may
incur due to our good faith compliance with these laws. - Direct Express® Cash Access: This feature will
allow you to obtain cash from your Direct Express® card at Walmart Money
Services or Walmart Customer Service with no purchase necessary. All you
need is your Direct Express® card, a valid photo ID, and PIN. There
are restrictions on cash limits that can be received through this option.
This optional service is available in the U.S. and Puerto Rico. No
additional Walmart fees apply. Additional authorized retailers may be
offered in the future.
The Direct Express® Debit Mastercard® card
is issued
by Comerica Bank, pursuant to a license by Mastercard International
Incorporated. Mastercard® is a registered trademark of
Mastercard
International Incorporated.
Customer Service: 1-866-606-3311 - Governing Law. The funds in your Card Account are