Add a Joint Owner to a Discover Checking, Money Market, Savings or CD Account in two steps:
Step 1. Complete the Add a Joint Owner Authorization Form on the following page.
Individual forms must be submitted for each Joint Owner added.
all of Sections A, B, C and D to complete the form.
The current Accountholder must sign the Accountholder Authorization in section C and the Joint Owner must sign the Joint
Owner Authorization in Section D. We cannot process your request without both signatures.
Note: Joint Owners are not allowed on IRA Accounts.
Step 2. Submit the completed form to Discover in one of the following ways:
By Secure Document Upload: Log in to your Account on discoverbank.com and press the “Manage” tab then “Secure Doc
Upload” to upload the form.
By Mail: Discover Bank, PO Box 30416, Salt Lake City, UT 84130
By Fax: 1-224-813-5220

changes by logging into your Account at discoverbank.com.
Reminder:
All Joint Accounts are established as joint tenancy with right of survivorship only. Joint tenancy right of survivorship means that if
an owner of a Joint Account dies, the balance in the Joint Account passes to the remaining owner(s) of the Joint Account. Any funds
deposited to a Joint Account by any of its owner(s) shall be owned by all Joint owners.
Please continue and complete form on next page >
Important Information:
To open an account with us, each Accountholder must be a U.S. citizen, U.S. Resident Alien, or other U.S. person at least 18 years old
and have a valid taxpayer ID and physical U.S. address.


What this means for you: When opening an account, we may ask you to provide your name, address, Social Security Number or other

driver’s license, state ID card or other identifying documents.
Adding a Joint Owner — Instructions & Authorization Form
Page 1 of 2
©2020 Discover Bank, Member FDIC.
1. Accountholder Last Name Accountholder First Name MI
2. Account Number
3. Accountholder Street Address (No P.O. Box) City State Zip Code
4. Accountholder Primary Phone (Include Area Code)
5. Joint Owner Last Name Joint Owner First Name MI
6. Joint Owner Date of Birth (Month/Day/Year) 7. Joint Owner Social Security Number
8. Joint Owner Mother’s Maiden Name 9. Joint Owner Email Address
10. Joint Owner Street Address (No P.O. Box) City State Zip Code
11. Citizenship (Check only one)   (Must be a U.S. Citizen or U.S. Resident Alien to be added as a Joint Owner)
12. Country of Citizenship (if Resident Alien)
 

agree that we may contact you using an automatic dialer, including pre-recorded messages and/or text messages, even if your cell phone provider may
charge you for calls according to your current plan.
15. Joint Owner Occupation 16. Joint Owner Employer
17. Joint Owner Employment Status (Check only one)

Section A. Accountholder Required Information (for the current owner on the account)

Section B: Joint Owner Required Information (for the person that you would like to add to the account)
Sections A, B, C and D are required to add a joint owner. Illegible forms (dark background, unclear writing, etc.) will not be accepted.
Please see Page 1 for Instructions.
Add a Joint Owner Authorization Form
By Signing below, I acknowledge receipt of the Deposit Account Agreement and the Discover Deposit Consumer Privacy Statement and agree to abide by the terms
of the Deposit Account Agreement, as may be amended from time to time, and to provide such information as Discover Bank may require to maintain this Account.
Except where noted, my Account and this Agreement are governed by Delaware and Federal law. If Delaware and Federal law are inconsistent, or if Delaware law is



21. Joint Owner Name (Please Print) 22. Joint Owner Signature 23. Date of Signature (Month/Day/Year)
Section D: Joint Owner Authorization (Signature Required)

survivorship, owns the funds in the dedicated Account and has all the rights to the funds, including removing the funds and closing the Account.
18. Accountholder Name (Please Print) 19. Accountholder Signature 20. Date of Signature (Month/Day/Year)
Section C: Accountholder Authorization (Signature Required)
Page 2 of 2See Page 1 for return instructions.
AddAJoint.0820
X
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©2020 Discover Bank, Member FDIC.
Deposit
Account Agreement
Effective June 20, 2021
BK.DBATAGT.L.0621
©2021 Discover Bank, Member FDIC
Questions about your Account?
1-800-347-7000
DiscoverBank.com
Deposit Account Agreement
Effective June 20, 2021
Table o
f Contents
1 DEFINITIONS/INTRODUCTION 1
2 CUSTOMER INFORMATION AND ELIGIBILITY 2
3 AGREEMENT ACCEPTANCE/W-9 CERTIFICATION 3
4 FDIC INSURANCE 5
5 INTEREST 5
6 ACCOUNT OWNERSHIP 8
7 DISCOVER STUDENT DEPOSITS PROGRAM 11
8 INCOME TAX REPORTING AND WITHHOLDING 12
9 CHECKS 13
10 DEPOSITS 14
11 WITHDRAWALS 17
12 CHECKING REWARDS AND INCENTIVES 20
13 DEBIT CARDS 22
14 FUND TRANSFERS 24
15 FUNDS AVAILABILITY (HOLDS) 26
16 STOP PAYMENT ON CHECKS 30
17 ACCOUNT TRANSFER OR ASSIGNMENT 31
18 STATEMENTS AND ERROR RESOLUTION 31
19 CD RENEWAL OPTIONS 32
20 RIGHT OF SET-OFF 33
21 OVERDRAFT PROTECTION SERVICE 33
22 POWER OF ATTORNEY 34
23 PRIVACY AND DISCLOSURE OF ACCOUNT INFORMATION 34
24 ACCOUNT CLOSURE 34
25 TRANSACTION CORRECTIONS, REVERSALS, AND DELAYS 36
26 AMENDMENTS, ACCOUNT CHANGES AND NOTICES 36
27 ELECTRONIC FUND TRANSFER (EFT) 36
28 ERROR RESOLUTION – ELECTRONIC FUND TRANSFERS 38
29 WAIVERS 39
30 LEGAL PROCEEDINGS 39
31 ABANDONED ACCOUNTS 39
32 SEVERABILITY 40
33 TELEPHONE COMMUNICATIONS 40
34 LIMITATION OF LIABILITY 40
35 ARBITRATION OF DISPUTES 40
36 EARLY WITHDRAWAL PENALTIES; MINIMUM ACCOUNT
REQUIREMENTS AND SERVICE CHARGES
43
Thank you for choosing Discover Bank. This Deposit Account Agreement
includes the terms and conditions you need to know about your Discover
Bank
®
deposit accounts.
Please read this Agreement carefully. This Agreement covers, among other
things:
Our obligations to you
Your obligations as an Accountholder
How we may amend the Agreement and send you notices and
disclosures
Your agreement to waive a jury trial
Your agreement to arbitrate disputes by binding arbitration (and your
right to reject arbitration)
Your agreement to waive your class-action rights
Limitations on our liability to you
Our mutual agreement that Delaware law will control this Agreement
You can always call our knowledgeable customer service team anytime at
1-800-347-7000. There’s always someone right here in the U.S. to answer
your questions, explain things, and take the time to help you find ways to
make the most of your money.
21
Deposit Account Agreement
Effective June 20, 2021
1 DEFINITIONSINTRODUCTION
The following is a list of terms used throughout this Deposit Account
Agreement (“Agreement”):
Account” means your Discover Certificate of Deposit Account
(“Non-IRA CD Account”), Discover Individual Retirement
Arrangement Certificate of Deposit Account (“IRA CD),” Discover
Cashback Debit Account (also referred to as a “Checking
Account”), Discover Money Market Account (“Money Market
Account”), and/or Discover Savings Account (“Savings Account,
which includes a Discover IRA Savings and a Discover Online
Savings Account, as applicable);
“Branch” means the Discover Bank retail office in Greenwood,
Delaware;
“Business Days” are Monday through Friday, excluding Federal
Reserve Bank holidays;
“CD” includes both “Non-IRA CD Account” and “IRA CD Account,
unless otherwise specified;
“Debit Card” means both a Discover Checking Account Debit Card
or a Discover Money Market Account Debit Card;
“Discover Student Deposits Program” means Checking Accounts
opened through the RefundSelect
SM
and eRefunds PLUS™
Program;
“EFT” means Electronic Fund Transfer;
“Existing Customer” means a customer who has a Discover
checking, savings, or money market account open and funded for
at least 30 days;
“IRA” includes an IRA CD and an IRA Savings Account, unless
otherwise specified;
“New Customer” means a customer who has not had a Discover
checking, savings or money market account open and funded for
at least 30 days;
“we, “us”, “our”, and “Discover” refer to Discover Bank, a Delaware-
chartered bank;
“you”, “your”, and Accountholder” refer to each person or entity in
whose name an Account is held or who has authority to operate
the Account, as well as any permitted assignee or successor in
interest to the Account.
This Agreement, together with any amendments or addendums to these
terms and conditions or other agreements with respect to specific
products or services that we provide you concerning your Accounts and
related products and services, governs your Accounts with Discover
Bank. Please read and keep this Agreement for your records. You agree
to use your Accounts only for personal, family, or household purposes
and not for business or other non-personal purposes. Deposit accounts
established for business purposes are governed by a separate agreement.
You accept this Agreement as described in Section 3. This Agreement
supersedes any prior agreements or communications that you may have
had with us. The headings contained herein are provided for convenience
only and are not substantive terms.
Your Account is subject to applicable clearinghouse rules. Your Account
is being opened in and is located in Delaware. Except where noted, your
Account and this Agreement are governed by Delaware and Federal
law. If Delaware and Federal law are inconsistent, or if Delaware law is
preempted by Federal law, then Federal law governs. You may reject the
Arbitration of Disputes agreement, as set forth in Section 35(j), including
the waiver of your right to a jury trial. You must follow the procedures set
forth in Section 35 if you want to reject the arbitration agreement.
2 CUSTOMER INFORMATION AND ELIGIBILITY
(a) Customer Information
To help the government fight the funding of terrorism and money
laundering activities, Federal law requires financial institutions to
obtain, verify and record information that identifies each individual
and entity that opens an account.
What this means for you:
When opening an Account, we will ask you to provide your name,
U.S. physical address (no P.O. Boxes), Social Security Number
(“SSN”) or other Taxpayer Identification Number (“TIN”), Date
of Birth for individuals, and other information that will help us
to identify you. You may also be asked to provide a copy of your
driver’s license, state ID card or other identifying documents.
It is your responsibility to maintain and promptly update any
changes in the identifying information you provided to us at
Account opening or during the time your Account is open. Some
identifying information, such as physical address, mailing address,
phone number, and email address, can be updated online through
the Account Center or you can update this information by calling
us at 1-800-347-7000.
(b) Eligibility
(i) To open an Account, each Account owner must be a U.S. citizen,
U.S. resident alien or other U.S. person, and at least 18 years old,
and have a valid TIN and a valid physical U.S. address. To open an
Account under the Delaware Uniform Transfer to Minors Act, you
must be at least 21 years old.
(ii) You (for joint Accounts, the Primary Accountholder as defined
in Section 3) are required to be Account Center registered to
maintain your Cashback Debit Account. Failure to register and
maintain registration in the Account Center will result in closure of
your Cashback Debit Account.
(iii) There are additional eligibility requirements for the Discover
Student Deposits Program. Please see Section 7 for more details.
(iv) We may obtain information about you from third parties,
including credit or other consumer reporting agencies that will
help us determine if we will open the Account you have requested.
43
This may include verification of employment and credit or other
consumer reports or other reports from account information
services. These inquiries may delay account opening. If you
apply for an account and we decline to open one as the result
of information from a consumer report or another report from a
consumer reporting agency, we will tell you the name, address and
phone number of the consumer reporting agency.
(v) We do not open or maintain Accounts for customers with
foreign tax status (e.g., W-8 filing status). We only open and maintain
Accounts for consumers who can certify their W-9 status. If you
notify us that you are no longer eligible to W-9 certify, we will close
your Accounts as described in Section 24.
(vi) There may be additional eligibility requirements imposed at
our discretion. We reserve the right to decline to open an Account
for you for any lawful reason.
3 AGREEMENT ACCEPTANCEW9 CERTIFICATION
As a condition to open and maintain an Account with us, you must do
the following:
(i) Indicate your acceptance of the Agreement.
a. For Accounts opened online, the acceptance of the
Agreement is included as part of the online application.
b. For Accounts opened by phone, fax, mail, or at the Branch,
the acceptance of the Agreement can either occur online
for eligible accounts, on the Signature Card, or on the
application. We must receive your acceptance of the
Agreement, before any debits, including withdrawals,
are permitted on your Checking Account, Online Savings
Account, Money Market Account, or Non-IRA CD Account.
c. You also accept the Agreement by opening or using the
Account.
(ii) Complete W-9 Certification. If we do not receive a completed
W-9 certification from the Accountholder whose name appears
first on the Account (“Primary Accountholder”) or already have
a signed W-9 on file, the Account(s) may be subject to backup
withholding, as set forth in Section 8(b), or we may close the
Account(s) and return the funds to you, without interest, by mail
or other reasonable means as determined by us and you will not
be entitled to any special incentives that may have been offered
to you for opening your Account.
a. For Accounts opened online, W-9 certification is included as
part of the online application.
b. For Accounts opened by phone, fax, mail or at the Branch,
W-9 certification can either occur online for eligible
accounts, on the Signature Card, or on the application.
(iii) (a) New IRA Plans: (1) If you open a new IRA Plan(s), you will have
60 days (starting with your IRA application date) to return the
correctly and fully completed IRA application and Signature
Card (“IRA Documents”). You will have an additional 60 days
from the date we receive the completed IRA Documents to
return the IRA contribution form(s) (“Contribution Form(s)”) and
fund your IRA. If we do not receive the signed IRA Documents
within 60 days from your application date, or if we do not
receive the Contribution Form(s) and funding within 60 days
from the date we receive the signed IRA Documents, your
application will be deemed abandoned and your IRA will not
be opened. If you provided ACH funding instructions or internal
transfer funding instructions during the IRA application process,
the instructions will be executed once the correctly and fully
executed IRA Documents and Contribution Form are received
by us. Any type of contribution received prior to our receipt of
the IRA Documents and Contribution Form will be returned.
However, if a check is received prior to the receipt of the IRA
Documents or the Contribution Form, we will hold it for up to
30 days. If the correctly and fully executed IRA Documents
and Contribution Form are not received, the check will be sent
back to the address noted on the application after 30 days.
IRA funding checks will not be deposited and no interest will
be paid until the IRA is opened. We are entitled to a reasonable
amount of time after receipt of your IRA Documents and
Contribution Form to process them, open your IRA, and post
your contribution. (2) If you revoke a new IRA Plan(s), you have
21 days from the date we mail your Welcome Kit for the first IRA
under the Plan to revoke your IRA Plan. If you choose to revoke
your IRA Plan during the 21 days, we will close your IRA and
return any funds to you without interest. For IRA CD Accounts,
we will also waive the applicable Early Withdrawal Penalty.
(b) For Existing IRA Plans: If you open an IRA under an existing
IRA Plan, you will have 60 days starting with the application
date to return the Signature Card and Contribution Form
and fund your IRA. If we do not receive the signed Signature
Card, signed and correctly completed Contribution Form and
funding within 60 days starting with the application date,
your application will be deemed abandoned and your IRA will
not be opened. If you provided ACH funding instructions or
internal transfer funding instructions during the application
process, the instructions will be executed once the correctly
and fully executed Signature Card and Contribution Form are
received. Any type of contribution received prior to our receipt
of the Signature Card and Contribution Form will be returned.
However, if a check is received prior to the receipt of the
Signature Card and Contribution Form, we will hold it for up to
30 days. If the correctly and fully executed Signature Card and
Contribution Form are not received, the check will be sent back
to the IRA Plan mailing address after 30 days.
We are entitled to a reasonable amount of time after receipt
of your Contribution Form and contribution to process them,
open your IRA, and post your contribution to it.
(c) If you open a new IRA Plan or a new IRA under an existing
IRA Plan for a prior year contribution, all documents, including
the correctly completed IRA application, Signature Card and
65
Contribution Form must be returned to Discover Bank, along
with the prior year contribution, and received and processed
by us by the tax filing deadline. We are entitled to a reasonable
amount of time after receipt to process your prior year
contribution and post it to your IRA. If funding via check, the
check must be postmarked on or before the tax filing deadline.
(iv) For Formal Trust Accounts, as defined in Section 6(c)(i), we
must receive a correctly and fully completed Formal Trust
Account Application and Trustee Certification Form (“Trust
Documents”) before we will open your Account. If a check
is received prior to the receipt of the correctly and fully
completed Trust Certification Form, we may hold it for up to 30
days. If the correctly and fully completed Trust Documents are
not received, the check may be returned. Formal Trust Account
funding checks will not be deposited and no interest will be
paid until the Formal Trust Account is opened.
4 FDIC INSURANCE
Funds in Discover Bank Accounts are insured by the Federal Deposit
Insurance Corporation (“FDIC”) to the maximum
allowed by law. For more detailed information on FDIC
insurance coverage, contact the FDIC directly by visiting
www.fdic.gov or by calling 1-877-ASKFDIC (1-877-275-3342), (TDD:
1-800-
925-4618).
5 INTEREST
Interest is compounded daily, credited monthly, and calculated
on a 365-day basis for interest-bearing Accounts.
We use the daily balance method to calculate the interest on your
Account. This method applies a daily periodic rate to the balance
in the Account each day.
If we receive your deposit before your non-IRA Savings, Money
Market, or non-IRA CD Account is opened, interest will begin
to accrue on the deposit on the Business Day your Account is
opened. Once an Account is opened, interest begins to accrue on
a deposit on the Business Day we receive your deposit.
For contributions to an IRA under an IRA Plan, interest begins
to accrue on a contribution on the Business Day we post the
contribution to your Account. See Section 3(iii) for additional
information regarding opening an IRA and a new IRA Plan and
Section 10(f) regarding contributions to an IRA Savings Account.
(a) Certificates of Deposit
(i) Non-IRA CD Accounts
The maturity date or term, interest rate and annual percentage
yield (APY”) in effect on your application date for your
Non-IRA CD Account will be disclosed to you at the time of
application. However, maturity date, the interest rate and
APY on your Non-IRA CD Account will be determined and the
interest rate will be fixed based on your funding date, not your
application date.
Once we receive funding for your Non-IRA CD Account, your
interest rate and APY will be determined as of the date of
receipt of the funds and the interest rate will be fixed for the
term of the Non-IRA CD Account.
If we receive your Non-IRA CD Account funding within ten
(10) days starting with the date your application is submitted,
your Non-IRA CD Account interest rate and APY will be the
highest of the interest rates we offered (applicable to your
Non-IRA CD Account) on either: (1) the date you submitted
your application, (2) the date your Account was opened, or (3)
the date we received your funding. If we receive your funding
more than ten (10) days (including your application date) after
your application date, your Non-IRA CD Account interest rate
and APY will be the interest rate and APY we offer (applicable
to your Non-IRA CD Account) on the date we receive the
funding. Please note, even though you are provided with an
Account number to facilitate funding, and you may receive
electronic communications thanking you for opening an
Account, the Account is not technically open until we receive
the funding for the Account.
The interest rate, APY, and maturity date for your Non-IRA
CD Account will be confirmed in your Welcome Kit.
You will have 45 days to fund your Non-IRA CD Account
starting from the date your account was opened.
(ii) IRA CD Accounts
Your IRA CD Account maturity date and interest rate is fixed for
the term of your IRA CD Account.
Your IRA CD Account interest rate and APY are determined at
the later of when (i) a correctly completed IRA application,
Signature Card, and Contribution Form have been received
and (ii) your IRA CD Account has been funded.
We will send you written confirmation of the interest rate, APY
and maturity date of your IRA CD Account after it is opened
and funded.
(iii) Interest Earned During the Grace Period
Interest will not accrue during the Grace Period (as defined
in Section 19); however, if some or all of your CD is renewed, a
catch-up accrual will be processed at the end of your Grace
Period for interest earned at the interest rate that was in effect
on the date your CD matured (the “CD Renewal Rate”). The
catch-up accrual will be calculated
as follows:
a.
If your CD renews automatically (the default setting), or
as a result of your affirmative instructions, interest at the
CD Renewal Rate will be applied to the amount of your
renewed CD at the end of your Grace Period retroactively
to the start of your Grace Period.
b. If a partial withdrawal is made during the Grace Period, the
withdrawn funds will earn interest at the CD Renewal Rate
from the day after the maturity date to (and including) the
day of withdrawal.
87
c. If you add to your principal during the Grace Period,
(1) interest at the CD Renewal Rate will be applied
retroactively to the start of your Grace Period for the
original principal amount, and (2) interest at the CD
Renewal Rate will begin to accrue for the amount that you
add as of the date of the additional deposit.
Interest will not be earned during the Grace Period if you
elect not to renew your CD as specified in Section 19.
(iv) General
(a)(i) General CD Terms:
Any confirmation letter or notice you receive after opening a
CD Account is not a certificate or other instrument and is not
transferable, except on our records.
The APY assumes interest remains on deposit until maturity.
A withdrawal of interest or principal will reduce earnings.
• Interest will be paid to and remain in your CD if:
– You do not specify an interest disbursement option;
The Account designated to receive interest payments is
closed; or
– Interest payments are returned.
(ii) Non-IRA CD Accounts:
During the term of your Non-IRA CD Account, interest
earned on and posted to your Non-IRA CD Account may:
(i) remain in your Non-IRA CD Account, (ii) be sent via
an official bank check, (iii) be transferred to an eligible
Discover Account that you own, or (iv) be, for Non-IRA CD
Accounts currently enrolled, transferred to an external
bank account at another financial institution, provided
that the financial institution allows such transfers. Non-
IRA CD Accounts currently enrolled in the external bank
account interest disbursement option will continue to
receive interest under this method. Any change in interest
disbursement for Non-IRA CD Accounts will be limited to
options (i), (ii), and (iii) above. For interest transfers to an
external bank account, the transfer will be initiated on the
date the interest is posted to your Non-IRA CD Account
each month and will be delivered to the external bank.
(iii) IRA CD Accounts:
During the term of your IRA CD Account, interest earned on
and posted to your IRA CD Account may: (i) remain in your
IRA CD Account, (ii) be transferred to an eligible Discover
Account that you own, subject to you providing written
distribution instructions or (iii) be transferred to an external
bank account at another financial institution, provided
that the financial institution allows such transfers and you
have provided us completed distribution instructions. For
interest transfers to an external bank account, the transfer
will be initiated on the date the interest is posted to your
IRA CD Account each month and will be delivered to the
external bank.
(b) Money Market Accounts and Savings Accounts
Your Money Market Account or Savings Account earns interest
at interest rates established by us on a daily basis. Money Market
Account interest rates and APYs are based on your account
balance and the applicable balance/interest rate tier. At our
discretion, we may change the interest rate and APY on your
Money Market Account or Savings Account at any time. Any
change in the interest rate and APY will be effective on the date of
such change. Interest is accrued daily after debits and credits are
posted to your Account.
(c) Checking Accounts
Your Checking Account does not earn interest. However, special
promotions bonuses and credits may be treated as interest for tax
information reporting and other purposes.
6 ACCOUNT OWNERSHIP
The following chart sets forth the account type and eligible
ownership categories:
Checking
Online
Savings
Money
Market
Non-IRA
CD IRA
Individual
Account
P P P P
Joint
Account
P P P P
Formal Trust
Account
P P
Informal Trust
Account (POD)
P P P P
Custodial
Account
P P P
Estate
Account
P P
Individual
Retirement
Account
P
Guardianship
Account
P P P
You may not open more than two (2) Cashback Debit Accounts per
customer, including individual and joint Accounts. For customers
who currently have more than two Cashback Debit Accounts,
the limit will not apply to the existing accounts but no additional
Cashback Debit Accounts will be opened.
The following is a more detailed description of the ownership
ca
tegories. If you have questions about the legal or tax implications of
these ownership types, please consult your attorney or tax advisor.
(a) Individual Account
An individual Account is an Account held solely by one natural
person (i.e., a living person) without a designated beneficiary.
109
(b) Joint Account
A joint Account is an Account held by more than one natural
person. All joint Accounts are established as joint tenancy with
right of survivorship only. Joint tenancy with right of survivorship
means that if an owner of a joint Account dies, the balance in
the joint Account passes to the remaining owner(s) of the joint
Account. We do not offer any other type of joint Account (i.e.,
tenants in common or tenants by the entirety).
If a joint Account is established without the signature of one of the
joint owners, we are not obligated to accept instructions from that
joint owner but may do so at our discretion, and you agree to hold
us harmless based on our reliance upon your designation of the
joint owner for whom a signature was not provided.
Any funds deposited to a joint Account by any of its owners shall
be owned by all joint owners.
Each owner of a joint Account may deposit to, make withdrawals
or transfers from, or issue stop payment orders with respect to the
joint Account without notice to or consent from any of the other
owners of the joint Account.
The joint Account may be closed by either joint owner. However,
a joint owner may not remove another joint owner from the joint
Account.
Any action of one owner of a joint Account shall be binding upon
all owners of a joint Account.
We may act upon the direction of one or more owners of the
joint Account without notice to or consent from any of the other
owners of the joint Account.
Each owner of a joint Account is jointly and severally responsible
and liable for the acts and omissions of each of the other owners
of the joint Account. Each owner of a joint Account agrees to
release us from all liability in connection with any instructions or
payments we receive from any other owner of the joint Account.
Each owner of a joint Account appoints each of the other owners
of the joint Account as his or her agent and attorney in fact with
power to endorse and deposit items payable to him or her in the
joint Account.
If an owner of a joint Account makes adverse claims or demands
concerning the joint Account, we may, in our sole discretion, refuse
to recognize such claims or refuse to take action until the rights of
all interested parties have been resolved to our satisfaction and we
are provided a copy of an agreement signed by all owners of the
joint Account.
(c) Trust Account
(i) Formal Trust Account
A formal trust Account is an Account established by a
trustee appointed under a written trust instrument, such as
a revocable living trust or testamentary trust. We will require
you to execute a Trust Application and a Trustee Certification
Form, which we will provide to you, and we may require you to
provide a copy of the trust document or other documentation.
Certain types of Trusts may require additional documentation.
We will act in reliance on the information contained in the
Trustee Certification Form, and we undertake no obligation to
either you or any beneficiary for complying with the terms of
the trust document. Note: There are certain types of Trusts that
we do not support.
(ii) Informal Trusts – Payable on Death (POD)/In Trust
For (ITF) Account
An informal trust account (sometimes called a Payable on
Death (“POD”), In Trust For (“ITF”), or Totten Trust Account)
is an Account established by one or more natural persons
naming one or more natural persons as beneficiaries. Proof
of death and additional documentation that all owner(s) are
deceased is required prior to any distribution of the funds to
beneficiaries.
To name a beneficiary on an Account, we may require you to
provide certain personal identifying information (for example,
a Social Security Number and date of birth) of your beneficiary.
If you establish an Account as trustee for a third person
without presenting formal trust documents, we will treat the
Account as an informal trust Account.
During their lifetime, the owner(s) of an informal trust account
may deposit to and withdraw or transfer funds from the
Account, close the Account, change beneficiaries at their
discretion or take any other permitted action with respect to
the Account as if the Account were an individual Account or a
joint Account,
as applicable.
A beneficiary of the informal trust Account is entitled to funds
in the Account only if the beneficiary is living at the time all
Account owners are deceased.
Upon our receipt of proof of death and additional
documentation as required by us, that all owners are
deceased, the funds in the Account will be distributed to
each beneficiary (or to his or her personal representatives or
estate as applicable) who survives the Account owners. If no
beneficiary survives the death of the Account owners, title to
the Account will vest in the estate of the last surviving Account
owner.
If you designate more than one beneficiary you may customize
your elections for each beneficiary, in whole number
percentages only (e.g., 5%, 10%) and they must total 100%. If
you do not customize your elections, each beneficiary will
receive an equal share of the funds from your Account. In the
case where you have 3 or 6 beneficiaries, some beneficiaries
will receive a fractional percentage more in order for the total
shares to equal 100%.
1211
If one or more of your designated beneficiaries pre-decease
you, the funds that would have been allocated to the
deceased beneficiary will be distributed to the remaining
living beneficiaries on a pro-rata basis.
An informal trust Account may be owned individually or as
joint tenants with right of survivorship and is subject to section
6(a) or 6(b), as applicable.
(d) Custodial Account – Delaware Uniform Transfer to
Minors Act
A cus
todial Account is opened and maintained by an adult (the
“Custodian”) for the benefit of a minor, pursuant to the Delaware
Uniform Transfer to Minors Act (“DE UTMA”). Funds deposited into a
custodial Account are irrevocably granted to the minor on the date
of the gift and are then owned by the minor. The Custodian agrees
to hold and use for the minor’s benefit any funds deposited into
the custodial Account until the minor reaches the age of majority,
(presently, age 21). The minor will not have authority to withdraw
funds from the custodial Account until the minor reaches the
age of majority. We will close the custodial Account and transfer
funds to the minor, or re-title the custodial Account, when we
receive appropriate documentation showing that the minor has
reached the age of majority. We have no duty to monitor custodial
Accounts or the status of the Custodian or minor, nor do we have
any duty to monitor or ensure that the Custodian is acting in the
minor’s best interest. Each custodial Account may designate only
one Custodian on behalf of one minor.
(e) Estate Account
An estate Account is an Account opened in the name of a
decedent’s estate by the estate’s personal representative. If the
estate has more than one personal representative, each personal
representative represents to having the authority to act severally/
independently regarding the estate Account, including the power
to order withdrawals from the Account.
(f) Individual Retirement Account
We offer Traditional and Roth IRA CD Accounts and IRA Savings
Accounts. IRAs are also governed by a separate IRA Plan
Agreement and disclosures that we furnish to you at IRA Plan
opening. There are separate Plan Agreements and disclosures
for Roth and Traditional IRA Plans. The required forms must be
completed and returned prior to funding, as set forth in Section
3(iii).
(g) Guardianship Account
A guardianship Account is an Account maintained by a court-
appointed guardian on behalf of a person who is either a minor or
legally incapacitated (the “Ward”).
7 DISCOVER STUDENT DEPOSITS PROGRAM
(a) Program Description
The Discover Student Deposits Program is no longer offered,
but remains available only to university or college students who
came to Discover Bank through the RefundSelect
SM
and eRefunds
PLUS™ Program and received Title IV funds disbursements
from universities or colleges where Discover offered its Student
Checking Account.
(b) Criteria to Maintain Account
To maintain your Discover Student Checking Account, a customer
must meet the following school enrollment status requirement:
You must have been considered an enrolled student by your
university or college at some point in the past 24 months as
determined by Discover. In other words, if you are no longer
enrolled in school and remain unenrolled for 24 consecutive
months, you will no longer be eligible to participate in the
Discover Student Deposits Program.
8 INCOME TAX REPORTING AND WITHHOLDING
(a) Taxpayer Identification Number
We will use the TIN described below for income tax reporting
purposes:
(i) Individual Account (including informal trust accounts
and IRAs): The Social Security Number or other Taxpayer
Identification Number provided by the Accountholder.
(ii) Joint account (including informal trust accounts): The Social
Security Number or other Taxpayer Identification Number of
the Primary Accountholder.
(iii) Custodial Account: The Social Security Number or
other Taxpayer Identification Number of the minor.
(iv
) Trust Account: The Employer Identification Number (“EIN”)
of the trust, or, if none, the Social Security Number or other
Taxpayer Identification Number of the grantor.
(v) Estate Account: The EIN of the decedent’s estate or the
decedent’s Social Security Number.
(vi
) Guardianship Account: The Social Security Number or other
Taxpayer Identification Number of the Ward.
(b) Backup Withholding
We may be required by the Internal Revenue Service (“IRS”) to
withhold interest or other reportable income on your Account(s)
if you do not furnish us with your correct TIN or do not properly
certify that you are not subject to backup withholding (e.g.,
complete the W-9) or if otherwise instructed by the IRS.
(c) State Tax Withholding
(i) Checking, Online Savings, Money Market, and Non-IRA
CD Accounts
Your state of residence, as determined by your physical
address of record with us, will determine if you are subject to
state income tax withholding. Some states have no income
tax. For additional information and details that are specific
to you on state tax withholding requirements, you should
consult a tax advisor or your state’s tax authority.
(ii) IRA Accounts
State tax withholding laws on IRA distributions vary by state.
1413
Therefore, when requesting an IRA distribution, any state
tax withholding will be based on your state of residence, as
determined by your physical address of record with us.
For Traditional IRAs, your state’s tax laws may require that
we withhold a portion of the gross IRA distribution.
For Roth IRAs, state tax is typically not withheld unless
requested by you.
Even if you elect in writing not to have federal and/or state
income tax withheld, you are liable for payment of federal
and state income taxes, if applicable, on the taxable portion
of your distribution. You may also be subject to tax penalties
under the estimated tax payment rules if your withholding and
payment of estimated tax, if any, are not adequate. We may be
required to withhold more federal and/or state taxes on your
IRA distribution than you have requested in your withholding
election. Your income tax withholding election will apply to
all distributions from your IRA Plan, including recurring and
one-time distributions, from the time the withholding election
is received and applied until you revoke and/or provide new
withholding instructions for that plan. A change of address
may cause a delay in processing an IRA distribution, if state
withholding requirements are impacted. For more information,
consult your tax advisor.
9 CHECKS
(a) Checks
We reserve the right not to accept checks or deposits or
withdrawal forms not provided by us.
Checks may not be drawn against Savings Accounts or CDs.
We reserve the right to refuse to honor any checks drawn
against your Account on which there is either no signature or a
signature of questionable validity if we suspect the check was not
authorized by you.
We reserve the right to pay any check before the date you have
written on it (i.e., a postdated check) or if it is more than six (6)
months old (i.e., a stale check).
Our check payment process is highly automated and we receive
checks in great volume. Although we inspect some checks and
other items from time to time, at our discretion, you agree that
reasonable commercial standards do not require us to do so. If we
return a check because we believe it was not authorized by you,
we are not liable to you even if the check was actually authorized.
We have no duty to prevent a check from being presented more
than once.
If a check drawn on your Account is presented for payment at our
Branch, by a person who is not a Discover deposit Accountholder
(a “non-Discover customer”), you agree that we may require the
non-Discover customer to provide identification as a condition
for cashing a check drawn on your Account. You also agree
that we may refuse to pay any such check if the non-Discover
customer refuses to furnish such identification. Such refusal shall
not be considered wrongful dishonor of the check by us. You also
agree that we may refuse to cash or otherwise honor any check
exceeding $5,000, which is presented to us at the Branch by any
person, even if the check is properly payable and that person can
verify his/her identity as the holder of such check. Such refusal
shall not be considered wrongful dishonor of the check by us.
In such cases, the holder of the check is expected to deposit
the check with his/her financial institution and have the check
presented to us through regular banking channels.
(b) Preauthorized Checks
You may allow a third party to create a check drawn against your
Checking Account or Money Market Account by communicating
your Account number to that third party. However, if you choose
to permit such a check, you agree: 1) to accept sole responsibility
for ensuring that the amount of the check is both authorized and
accurate; and 2) that we are not liable if we either pay or refuse to
pay any check that you have authorized a third party to create if
that check does not bear your signature.
(c) Check Conversion
You may authorize a merchant or other payee to use your
Checking Account or Money Market Account check as a source
of Account information to initiate an electronic withdrawal from
your Account. The merchant/payee uses the check information,
along with the transaction amount, to initiate an Automated
Clearing House (ACH”) debit transaction. Please note that this
type of transaction generally results in funds being withdrawn
from your Account faster than a normal check transaction. This
type of transaction from a consumer account is governed by the
Electronic Fund Transfer Act, and is subject to the Electronic Fund
Transfer disclosures found in Sections 27 and 28 of this Agreement.
10 DEPOSITS
(a) General
(i) Deposits may be made by:
• Mailing a check to us
Mobile check deposit (subject to the Mobile Check Deposit
Service User Agreement Addendum)
• ACH transfer
• Internal transfer
• Wire transfer
• Depositing travelers checks in person at the Branch
• Depositing cash in person at the Branch
(ii) We will not accept mailed cash deposits.
(iii) For posting times regarding check and cash deposits, see
the chart in Section 10(e).
(iv) We reserve the right to refuse, limit or return any deposit.
Any non-cash items deposited to your Account (including
1615
items drawn “on us”) will be given provisional credit until
final payment of the item.
(v) Travelers Checks: Travelers checks received by us for deposit
by mail or through the Branch Night Depository Box will be
returned to you.
(vi) Returned Deposited Items: We will reverse any interest,
accrued or paid, on any returned item. If the reversal
results in your Account being overdrawn, the overdrawn
amount is a Debt as described in Section 20. You also
agree to indemnify and hold us harmless against:
any additional losses resulting from nonpayment of any
item cashed against or deposited into your Account and
all losses due to any preauthorized credit to your
Account that we do not receive.
These losses include, but are not limited to, all related costs,
expenses and reasonable attorney fees (including the cost of any
attorney employed by us), which, if incurred, are also a Debt.
(vii) You may use the Branch Night Depository Box for Money
Market and Online Savings Account deposits only. All
deposits must be in a sealed envelope or bag. Night
deposits are processed during Business Days. Deposits
made between 9am ET and midnight, or at any time on
a non-Business Day, will be processed the next Business
Day. Deposits made between midnight and 9am ET on a
Business Day will be processed the same Business Day.
(b) Checks
(i) Domestic Checks
To help avoid returned checks, please make sure checks
submitted for deposit are payable to you and properly
endorsed by all parties.
• We reserve the right to reject all third party checks.
You may be eligible to deposit checks using your mobile
phone. Mobile check deposits are subject to the Discover
Bank Mobile Check Deposit Service User Agreement
Addendum, located in the Account Center.
If you deposit a check that is returned to us unpaid, we will
deduct the amount of the returned check from your Account
balance.
If you deposit a check that is returned for insufficient or
uncollected funds, we may re-present the check for payment
a second time without notice to you. At our discretion, the
check may be re-presented electronically by us.
(ii) Foreign Checks
We reserve the right to refuse items payable in foreign
currency or drawn on a foreign bank located outside the
United States (“Foreign Item”).
If we accept a Foreign Item, we may accept it for collection
only and you bear all risks associated with the collection
of the item, including any fees charged by other banks
associated with collection and any exchange rate risk.
We may not credit funds from a Foreign Item to your Account
until the first Business Day after we receive final payment
for such funds from the paying bank.
The paying institution
determines if and when it will pay a Foreign Item that we
accepted for collection.
The Funds Availability policy set forth in Section 15 does not
apply to Foreign Items.
(c) Endorsements
If any check deposited to your Account does not have your
endorsement, we may endorse it for you or treat the check as
if you had endorsed it. We are not bound by any conditional or
restrictive endorsement on a check you cash or deposit, or any
endorsement made “without recourse.
(d) CDs
After a CD is opened and funded, additional deposits are not
allowed. For renewing CDs, deposits are only allowed on the
maturity date and during the Grace Period (as defined in Section
19 below).
(e) Cutoff Times
The following chart describes the cutoff times for posting deposit
transactions to your Account:
Check Deposits sent
via Mail
Received by
12pm ET on a
Business Day
Received after 12pm ET on a Business
Day or any time on a Non Business Day
Will Post:
Day of Receipt
Will Post:
Next Business Day
Check/Cash Deposits made in
person to one of our employees
at the Branch
Received before
close on a
Business Day
Will Post:
Day of Receipt
Check/Cash Deposits made
through the Branch Night
Depository Box
Received between
midnight and
8am ET on a Business
Day
Received between 9am ET and
midnight on a Business Day or
anytime on a Non Business Day
Will Post:
Day of Receipt
Will Post:
Next Business Day
As explained elsewhere in this Agreement, for deposits that
ar
e accompanied by documentation that requires additional
processing (e.g., IRA Documents, Trust Documents), we may require
a reasonable time to process documents before the deposit will
post.
(f) IRA Savings Account Contributions
In order to make a contribution to your existing IRA Savings
Account, you must submit a valid Contribution Form. If you
provided ACH funding instructions or internal transfer funding
instructions, the instructions will be executed once the correctly
and fully executed Contribution Form is received by us. We are
entitled to a reasonable amount of time after receipt of your
Contribution Form to process it and post your contribution.
Any type of contribution received prior to our receipt of the
Contribution Form will be returned. However, if a check is received
1817
prior to the receipt of the Contribution Form, we will hold it for up
to 30 days. If the correctly and fully executed Contribution Form
is not received, the check will be sent back to the mailing address
of record for the IRA Plan. IRA contribution checks will not be
deposited and no interest will be paid until the Contribution Form
is received.
11 WITHDRAWALS
(a) Product Restrictions
(i) CD Withdrawals and IRA Distributions
(a) CD Interest
See Section 3 and Section 5(a).
(b) CD Principal
If you withdraw all or part of the amount of your initial
deposit or the amount of your renewed deposit in the case
of a renewed CD (“Issue Amount”) from your CD except at
maturity or during the Grace Period (as defined
in Section 19) and except as provided in Sections 3(iii) and
24(c), we may assess an Early Withdrawal Penalty.
(c) CD Initial Funding Withdrawal
You may withdraw funds from a non-IRA CD only after seven
(7) days from the date of initial funding.
If you request to withdraw funds sent to us via ACH or wire
transfer within sixty (60) days of the initial funding, the funds
will be returned to the same account from which the funds
were sent to us to be deposited into the new CD.
(d) Early Withdrawal Penalty
An Early Withdrawal Penalty, as outlined in Section 36 will
be assessed if you withdraw funds from your CD before the
Maturity Date.
(e) IRAs
(i) Required Minimum Distribution: To request a
required minimum distribution, a correctly completed
distribution form (“Distribution Form”) must be
received by us on or before December 15th. We are
entitled to a reasonable amount of time after receipt of
your Distribution Form to process it. If your Distribution
Form designating a required minimum distribution is
received after December 15th, we make no guarantee
that the distribution will occur before December 31st.
(ii) Transfer: To request a bank-to-bank transfer, a
correctly completed transfer form (“Transfer Form”)
from the receiving institution must be received by
us. Transfer Forms that are not complete, signed and
dated by the receiving Institution will not be honored.
For distributions from IRA CD Accounts during the
Grace Period through a bank to bank transfer, the
correctly completed Transfer Form must be received
by us before the end of your IRA CD Account Grace
Period. If the Transfer Form is received by us after the
end of the Grace Period, your transfer distribution
may be subject to an Early Withdrawal Penalty.
(iii) Rollover: To request a rollover distribution from
your IRA, a Distribution Form must be completed
and received by us. Distribution Forms that are not
correctly completed, signed and dated will not be
honored. For rollover distributions from an IRA CD
Account during the Grace Period, the correctly
completed Distribution Form must be received by us
before the end of your IRA CD Account Grace Period.
If the Distribution Form is received by us after the end
of the Grace Period, your rollover distribution may be
subject to an Early Withdrawal Penalty. We are entitled
to a reasonable amount of time after receipt of your
Distribution Form to process it.
(f) Please see Section 36 for more information on Early
Withdrawal Penalties.
(ii) Money Market Account and Savings Account Withdrawals
The number of certain types of withdrawals and transfers
from your Money Market Account or Savings Account is
limited to a combined total of six (6) per calendar month
per Account. The chart below describes the transactions
that are limited and those that are not.
Withdrawals and Transfers Transactions
Limited to a combined
total of six (6) per
calendar month per Account:
Unlimited number of
withdrawals and transfers:
Checks (applicable to Money Market
Accounts only)
Point-of-sale (“POS”) Debit Card
transactions (applicable to Money Market
Accounts only)
• ACH transfers
• Wire transfers
• Telephone transfers
• Online transfers
Transfers to repay a loan at Discover Bank
Peer-to-Peer (P2P) payments
Overdraft Protection Service transfers
Made in person
At an ATM (applicable to Money Market
Accounts only)
• By messenger
By mailing a request or speaking to a
telephone representative to have an official
bank check mailed to you
If during any calendar month you exceed these transaction
limitations, we may refuse to pay each transaction in excess of
the limitations. Transactions are counted based on the posting
date. If you exceed these transaction limitations on more
than an occasional basis, we reserve the right to close your
Money Market or Savings Account or change the Account to a
Checking Account. We retain the right to require at least seven
(7) days prior written notice for any withdrawal.
(iii) Checking Account Withdrawals
You may make unlimited withdrawals and transfers of any
type from your Checking Account in accordance with the
transaction limitations stated in this Agreement, regardless
2019
of the withdrawal method.
(b) Posting Order for Checking, Money Market, and
Savings Accounts
The following chart describes when items will be posted to
your Account:
Posting Order for Checking, Money Market, and Savings Accounts
Beginning of each Business Day Internal transfers previously scheduled for that
Business Day
Throughout the
Business Day
• ACH Deposits
• ACH withdrawals initiated externally
ACH withdrawals you initiate in the Account Center
from your Account to an external account and Discover
online bill payments sent as electronic payments
ATM withdrawals and related third party fees
POS Debit Card purchases (including temporary holds
and settlements)
Cash and official bank check withdrawals
• Cash deposits
Internal transfers scheduled for the same day
Incoming and outgoing wire transfers and related
service charges
Checks that you deposited to your Account that have
been returned unpaid
Peer-to-Peer (P2P) payments
End of each
Business Day
• Check Deposits
• Interest
Other Debits (Discover online bill payments by checks,
other checks)
• Overdraft Protection Service transfers
To provide prompt credit when a check drawn on Discover Bank is
deposited to another Discover Bank account, we debit the account
on which the check is drawn at the same time that we credit the
account to which the check is deposited. In this circumstance, the
debit may be processed prior to other credits to the same account.
Generally, items posted to your Account are paid in the order they
are received by type of transaction. However, for transactions
processed at the end of the Business Day, if there are insufficient
funds in your Account to pay all debits presented, we will post
and pay checks, and check-based bill payments initiated by you
through the Account Center in order from lowest to highest dollar
amount. If an item presented to us for payment is being returned
unpaid, the return transaction will post to your Account on the
following Business Day.
(c) Insufficient Funds
Generally, we will not pay or honor any withdrawal or transfer
against your Account if there are insufficient available funds
to satisfy the full amount. In this case the transactions will
be returned unpaid. In the event we pay an overdraft in our
discretion, that amount is a Debt as described in Section 20
and you agree to repay us that amount. Should we have to
collect on that Debt, you agree to pay the fees and costs of our
doing so.
(d) Unusual Transactions and Competing Claims
We reserve the right to delay or decline any transaction on your
Account if we suspect fraud, possible illegal activity, an account
takeover or any other unusual activity that may affect your
Account, or receive competing claims regarding your Account.
Further, we reserve the right to suspend or freeze the funds in
your Account or any other Accounts you maintain with us if you
don’t provide information we request, or we believe your Account
may be subject to unauthorized, irregular, illegal or fraudulent
activity. If we freeze or suspend any of your transactions on your
Account, we may provide you notice as soon as is reasonably
possible. However, we reserve the right to not provide such
notice if we believe that such notice could result in a security risk
to the owner of the funds, the Account or to us.
We reserve the right to limit the amount of funds that may be
withdrawn from your Account in cash, for security and other
purposes.
12 CHECKING REWARDS AND INCENTIVES
(a) Earn Rewards:
You may earn debit card Cashback Bonus rewards based on
qualifying debit card purchases made using your Discover
Cashback Debit Account debit card. You will earn debit card
Cashback Bonus rewards of 1% of the qualifying debit card
purchases on up to $3,000 in purchases per calendar month.
Debit card Cashback Bonus rewards are calculated based on
each eligible debit card purchase, rounded to the nearest dollar.
For example, an eligible purchase of $25.50 would be rounded to
$26.00 and you would earn $0.26 in debit card Cashback Bonus,
while an eligible purchase of $25.49 would be rounded to $25.00
and you would earn $0.25 in debit card Cashback Bonus. An eligible
purchase of $0.49 or less would be rounded down to $0.00 and
would not earn a Cashback Bonus.
(i) Except as provided in Section 12(a)(ii), qualifying debit card
purchases include:
(a) Point-of-sale purchases made with your debit card; and
(b) Online purchases made with your debit card.
(ii) Debit card transactions that are not eligible for 1% debit card
Cashback Bonus rewards include:
(a) Transactions conducted at an ATM,
(b) The purchase of money orders, currency, coins, or other
cash-equivalents, such as Bitcoins, negotiable items not
yet deposited, U.S. treasury bills and commercial paper,
(c) Peer-to-Peer or Person-to-Person (P2P) payments,
which are electronic money transfers made from one
individual’s bank account or credit card to another
individual’s bank account or credit card through a P2P
payment application,
(d) Cash over portion of a point-of-sale purchase;
(e) Loan payments or account funding made with your
2221
debit card, such as auto loan payments or prepaid card
loading,
(f) Purchases made using third-party payment accounts
(P2P payments using services such as Venmo
®
or
PayPal
®
) unless otherwise agreed to by us, and
(g) Online sports betting or internet gambling transactions.
Merchants who accept Discover debit cards are assigned merchant
codes based on the kinds of products and services they primarily
sell. Merchant codes are not assigned by Discover. Even though
a merchant or some of the items it sells may seem to fit with a
rewards eligible category, the merchant code may not fall into that
category. Rewards eligibility is determined based on the merchant
code Discover receives in connection with a debit card transaction.
Debit card Cashback Bonus rewards will be earned monthly and
posted to your debit card Cashback Bonus account on the Business
Day following your statement end date. Your Checking Account
must be open when Bonus rewards
are posted.
(b) R
edeem Rewards:
(i) Customer Redemption
You may redeem your debit card Cashback Bonus on DiscoverBank.
com. You may redeem your debit card Cashback Bonus in any
available amount via:
A transfer to any of the following Discover Bank Accounts you
own: Money Market, Cashback Debit, or Online Savings Accounts.
A transfer to a Discover Credit Card Cashback Bonus account.
Once rewards have been transferred to a Discover Credit Card
Cashback Bonus account, they will be governed by the Discover
Card Cashback Bonus Terms and Conditions and the rewards
cannot be transferred back to the debit card Cashback Bonus
account;
Discover Auto Redemption of Cashback Bonus to Savings Service.
You may enroll in our optional Auto Redemption to Savings
Service for your Cashback Debit Account by visiting the Account
Center. The Auto Redemption Service allows you to link an eligible
Online Savings Account in order to automatically transfer your
debit card Cashback Bonus on a monthly basis to the eligible
Online Savings Account.
and/or
Other debit card Cashback Bonus redemption options advertised
on DiscoverBank.com from time to time.
You may redeem your debit card Cashback Bonus if your
Cashback Debit Account is open and has a $0 or positive balance.
For full details about redemption methods and amounts for debit
card Cashback Bonus, visit DiscoverBank.com.
(ii) Discover Redemption
We will redeem the rewards that are in your debit card Cashback
Bonus account into the Cashback Debit Account where the
rewards were earned if either: (i) your Cashback Debit Account has
been at a $0 balance for at least 180 consecutive days, or (ii) there
has been no customer-initiated activity on or customer contact
regarding your account for at least 365 consecutive days.
(c) Rewards and Cashback Debit Account Closure:
Debit card Cashback Bonus rewards do not expire, but if your
Cashback Debit Account is closed for any reason, unredeemed
debit card Cashback Bonus rewards may be forfeited. If your debit
card or account number is lost or stolen, or we issue you a new
account number for any other reason, we will transfer your debit
card Cashback Bonus to your new debit card Cashback Bonus
account.
(d) Rewards Adjustments and Termination:
We may make adjustments to your debit card Cashback Bonus
based on your debit card activity. For example, we will decrease the
balance in your debit card Cashback Bonus account to correspond
with the return of a debit card purchase or the amount of a reward
disbursed by us in error. Any qualifying debit card purchases in
excess of $3,000 each month will be used to offset the amount of
debit card returns, prior to the corresponding debit card returns
reward amount being deducted from your current month’s
Cashback Bonus rewards earned or your current Cashback Bonus
balance.
Adjustments to your debit card Cashback Bonus from debit
card transactions that are not reward eligible but for which you
received rewards or debit card purchase returns will be applied to
your Cashback Bonus balance in a subsequent month and will be
reflected in your debit card Cashback Bonus ending balance. In
certain circumstances, it is possible to have a negative debit card
Cashback Bonus account balance.
Cashback Debit Accounts deemed to have an excessive or unusual
number of debit card return transactions may be: (i) frozen, (ii) no
longer eligible to participate in the debit card Cashback Bonus
rewards program or (iii) closed in accordance with Section 24(a) of
this Agreement.
(e) Proof of purchase:
We reserve the right to request receipts of your debit card
purchases within sixty (60) days of the purchase date and you
agree to provide such receipts upon request. Failure to provide
requested receipts will result in those debit card purchases not
being eligible for Cashback Bonus rewards.
13 DEBIT CARDS
(a) Debit Card Transactions
You may use your Debit Card in the United States and
internationally where the PULSE
®
, Discover
®
, or Diners Club
International
®
symbol is displayed. Visit DiscoverBank.com to view
the full list of countries where your Debit Card can be used.
Subject to limitations set forth in Section 11 (applicable to Money
Market Accounts only) and Section 13(d) and to limitations set by
2423
the ATM owner or merchant, you may use your Debit Card to initiate
the following transactions:
(i) Withdraw cash from your Checking Account or Money Market
Account at an ATM.
(ii) Obtain your Checking Account or Money Market Account
balance, or transfer funds between your Checking Account
or Money Market Accounts at our Branch.
(iii) Pay for purchases in person, online, or by phone.
(iv) Obtain cash-over from participating merchants.
Note: We will not charge you a fee for obtaining cash at
a merchant using your Debit Card during point-of-sale
transactions, however, you may be charged a fee by the
merchant.
(b) Foreign Transactions
If you make a purchase or withdraw cash using your Debit Card in a
foreign currency, we will convert it to U.S. dollars using conversion
rates sourced from one of the following methods: a government-
mandated rate, a government-published rate or an interbank or
wholesale exchange rate, depending on the country and currency
in which the transaction is made. We use the rate in effect on the
conversion date for the transaction. This rate may be different than
the rate in effect on the transaction date. “Interbank or wholesale
exchange rate” means the foreign exchange rate that banks
charge each other when buying and selling currencies.
(c) ATM Fees
We will not charge a fee for using an out of network ATM. However,
when you initiate a transaction with your Debit Card at an ATM that
is outside of our No Fee network, you may be charged a fee by the
ATM operator or any network used for your transaction, including
but not limited to balance inquiries.
(d) Debit Card Limits
For customers who have at least one Discover checking, savings,
or money market account open for at least 30 days, the daily
combined POS purchase limit per active Debit Card is the lesser of
$5,000, or your available balance.
For customers who do not have at least one Discover checking,
savings, or money market account open for at least 30 days, the
daily combined POS purchase limit per active Debit Card is the lesser
of $2,500, or your available balance.
The daily ATM withdrawal limit for each Account is the lesser of
$510 or your available balance. When you use an ATM not owned
by us, you may be subject to other daily limits set by the ATM
operator.
These Debit Card transaction limits are in addition to the limits set
forth in Section 11 of this Agreement. For security reasons, there may
be limits on the number of ATM withdrawals using your Debit Card.
I n addition, we reserve the right to decline any Debit Card
transaction if we suspect fraud, account takeover, possible
illegal activity or any other unusual activity affecting your
Account.
(e) Personal Identification Number (PIN)
You may activate your Debit Card and create or change your PIN
online through the Account Center or by calling our automated
system. You should protect your PIN as you would your Debit Card.
(f) Debit Card Freeze
You may request that Discover freeze your Debit Card, which
means that new purchases (in-store, online, mobile or phone) and
ATM transactions will not be authorized, allowed or processed with
the Debit Card you have frozen. If more than one Debit Card has
been issued to access your Account, such as a joint Accountholder
Debit Card, only the Debit Card you have identified will be frozen.
All other Debit Cards issued to access your Account will continue
to be available for transactions. Freezing your Debit Card will not
stop bill payments, transactions that merchants have marked
as recurring, returns, deposits, dispute adjustments, internal or
external transfers, reward redemptions, or checks. You may freeze
your Debit Card by visiting the Account Center, or calling customer
service.
(g) Debit Card for Discover Cashback Debit Account
By opening a Discover Cashback Debit Account, you are also
requesting a debit card.
14 FUND TRANSFERS
(a) Internal Transfers Between Discover Accounts Accountholders
can transfer funds between their deposit Accounts, or transfer
funds from such Accounts to fund a new Account. We may require
a written request for an internal transfer to close one Account and
open another with new Accountholders or if at any time the validity
of a transaction is in question. Internal transfers scheduled for the
same day are processed immediately. Internal transfers scheduled
for the next Business Day or later are processed at the beginning
of the scheduled transfer date. For transfers to or from an IRA
Savings Account that will be a contribution or distribution from the
IRA Plan, we require receipt of a correctly completed and signed
Contribution or Distribution Form.
(b) Wire Transfers
(i) Incoming Wire Transfers
Please contact us at 1-800-347-7000 for wire transfer
instructions as certain incoming wire transfers are processed
through an intermediary bank. Wire transfers received before
4pm Eastern Time are posted to your Account on the Business
Day we receive them. Wire transfers received after 4pm
Eastern Time are posted to your Account on the next Business
Day, with an effective date of the Business Day the funds were
received. In some circumstances, a wire transfer may require
additional processing time and will be posted to your Account
upon completion of processing, with an effective date of the
Business Day the funds were received. A wire transfer that
does not comply with applicable law will not be processed
2625
and will be returned. Funds from incoming wire transfers are
made available as set forth in Section 15(b)(i). For international
wire transfers received in a foreign currency, the funds will
be converted to U.S. dollars at a currency exchange rate
determined by intermediary banks and that exchange rate will
determine the amount received by us.
(ii) Outgoing Wire Transfers
Outgoing wire transfers from your Account to another financial
institution may be made upon request by completing the
Discover Wire Transfer Form or by submitting the request
online. All requests must include the receiving Accountholder
and receiving bank information, as required by us. You may be
assessed an Outgoing Wire Transfer Service Charge for each
outgoing wire transfer you initiate (not applicable to IRAs). For
wire transfers from an IRA, we require receipt of a correctly
completed, signed Distribution Form.
(a) We reserve the right to verify or authenticate any request
for a wire transfer or any information you provided to
us on the Discover Wire Transfer Form and to refuse
to honor any request if we, in good faith, are unable to
verify that the individual requesting such transfer has the
authority to do so or we detect any other unusual activity
of the Account or person. There may be more than one
level of verification required.
(b) Requests received and fully verified at or before 3pm
Eastern Time on a Business Day will be processed as of
that Business Day. Wire transfer requests received and
fully verified after 3pm Eastern Time on a Business Day,
or at any time on a day that is not a Business Day, will be
processed no later than the next Business Day.
(c) ACH Transfers Between Discover and
Non-Discover Accounts
You can transfer funds via ACH between any of your eligible
Discover Bank Accounts and eligible accounts you own at other
U.S. financial institutions, subject to the restrictions identified in
Section 11.
In order to initiate an ACH transfer, you must be an owner of, or
signer on, the bank account from which funds are being debited
or to which the funds are being credited. You are required to
provide the routing number, account number, and bank name for
the account from which the funds will be debited or to which the
funds are being credited.
ACH requests made by phone or in the Account Center before
5pm Eastern Time on a Business Day will be initiated by us on the
same day.
ACH requests made by phone or in the Account Center after 5pm
Eastern Time on a Business Day or at any time on a non- Business
Day will be initiated by us on the next Business Day.
Funds deposited via ACH will be available as set forth in Section 15
(Funds Availability).
ACH transfers initiated by phone are permitted for initial Account
funding only.
For security reasons, there may be limits on the dollar amount
and the number of external transfers from your Account. We
reserve the right to terminate, change, discontinue or add funds
transfer functionality at any time, within our sole discretion.
For transfers to or from an IRA that will be a contribution to or
distribution from the IRA Plan, we require receipt of a correctly
completed, signed Contribution or Distribution Form.
ACH transfers initiated via the Account Center are subject to the
Account Center (Banking) Agreement, which will be disclosed to
you at the time of Account Center registration.
(d) Zelle
®
Person-to-Person Transfers
You may be eligible to enroll in our optional Zelle P2P Transfer Service
by visiting the Account Center and enrolling. The Zelle P2P Transfer
Service allows you to send, receive, and request transfers from third
parties who are also enrolled in the service at Discover or another
participating financial institution. Enrollment is available through
the Account Center.
15 FUNDS AVAILABILITY HOLDS
Our policy is to make funds from your cash, check, and other deposits
to your Account available to you as set forth in this Section 15. Once
funds are available, the funds can be used to cover debit transactions
on the Account (e.g., cash withdrawals at the Branch or ATM, ACH or
wire transfers, internal transfers, Zelle transfers, and checks written).
(a) Check Deposits
Section 15(a)(i) sets forth our general funds availability schedule for
checks for Existing and New Customers. Please note Section 15(a)
(ii), which sets forth our availability schedule for check deposits
under other special circumstances.
(i) General Availability
Funds availability is determined in part by whether a
customer is considered to be an Existing Customer or New
Customer.
Checks Deposited Using Mobile Check Deposit: Please
note that checks transmitted using Mobile Check Deposit
are not subject to the Funds Availability time frames in the
Table below. Please refer to the Table in the Discover Bank
Mobile Check Deposit Service User Agreement Addendum
for general funds availability for checks deposited through
Mobile Check Deposit. (The remainder of the provisions
in Section 15(a) also applies to checks deposited through
Mobile Check Deposit (unless otherwise stated).
New Customers: This paragraph applies to check deposits
not made through Mobile Check Deposit Service. For
deposits of checks into New Customer accounts, the
general availability timeframes are set forth in Section 15(a)
(i). However, Discover reserves the right to further delay
2827
availability as follows: Funds from the first $5,550 of a day’s
total deposit of Treasury Checks will be available no later
than the first Business Day after your deposit date and funds
from the first $5,550 of a day’s total deposits of Special
checks will be available no later than the second (2nd)
Business Day after the date of your deposit. The remainder
of funds from a day’s deposits of Treasury Checks and
Special Checks as well as funds from other check types will
be available no later than the seventh (7th) Business Day
after the date of your deposit.
Funds from checks, drafts and money orders drawn on any
financial institution located in the United States (including a
financial institution located in a U.S. territory or a U.S. branch
or agency of a foreign bank) will be available for withdrawal
as follows:
Type of Deposit
Business
Day of
Deposit
Busines
s
Day 1 after
Deposit
Date
Business
Day 2 after
Deposit Date
Business
Day 5 after
Deposit Date
Checks drawn on Discover
Bank
Existing
Customer
Up to $15,000
of the deposit
R
emainder
New
Customer
Up to $15,000
of the deposit
R
emainder
U.S. Treasury
Checks
Exis
ting
Customer
Up to $15,000
of the deposit
R
emainder
New
Customer
Up to $5,550
of the deposit
R
emainder
Special Check Types (U.S.
postal money orders, and
Federal Reserve Bank,
cashier’s, official, certified,
teller, state and local
government and travelers
checks); made in person
to one of our employees at
the Branch
Existing
Customer
Up to $5,550
of the deposit
R
emainder
New
Customer
Up to $5,550
of the deposit
R
emainder
Special Check Types (U.S.
postal money orders, and
Federal Reserve Bank,
Federal Home Loan Bank,
cashier’s, official certified,
teller, state and local
government and travelers
checks);
not made in person
to one of our employees at
the Br
anch
Existing
Customer
Fir
st $250 of
the deposit
Next $5,300 of
the deposit
Remainder
New
Customer
First $250
of the deposit
Ne
xt $5,300 of
the deposit
Remainder
Other Checks
Existing
Customer
Fir
st $250 of
the deposit
Next $5,300 of
the deposit
Remainder
New
Customer
Full amount of
deposit
The above table is indicative of general funds availability. Discover
reserves the right to expedite funds availability. In some cases, we
make funds from your deposited checks available to you sooner
than we are able to collect the checks. Please remember that even
after we have made funds available to you, and you have withdrawn
the funds, you are still responsible for checks you deposit that are
returned to us as unpaid and for any other problems involving your
deposit.
(ii) Delayed Availability
The availability of funds from checks deposited may be
delayed for a longer period of time, under circumstances
including, but not limited to, the following:
We have reason to believe a check you deposit will not be
paid.
If you deposit checks totaling more than $5,550 on any one
Business Day.
A check you redeposited was previously returned unpaid.
You have overdrawn your Discover Account repeatedly in
the last six (6) months.
You have multiple deposits returned in your Account over
the immediately preceding 90-day period.
We have been notified that the deposited check has been
lost or damaged in collection.
We suspect fraudulent or other unusual activity on your
Account.
The deposited check is post-dated, expired or more than
six months old.
The routing number on the deposited check is not a
current routing number.
There are erasures or other apparent alterations on the
deposited check.
An emergency, such as failure of computer or
communication equipment, has occurred.
We will notify you if we delay your ability to withdraw funds
for any of the reasons set forth in this Section 15(a)(ii), and
we will tell you when the funds will be available. The funds
will generally be available no later than the seventh (7th)
Business Day after the date of your deposit.
(b) Electronic Deposits
(i) Funds from ACH credit transfers and wire transfers
initiated at an external bank to your Discover Bank
3029
Mailed to our deposit
processing center
(checks only)
By 12pm ET on a Business
Day
After 12pm ET on a Business Day or any
time on a Non-Business Day
Day of Receipt Next Business Day
In person made to one
of our employees at the
Branch
By 6pm ET
Business Day of Receipt
Via Mail to the Branch
(checks only)
Business Day of Receipt
Made through
the Branch Night
Depository Box
Between midnight and 8am
ET on a Business Day
Between 9am ET and midnight
on a Business Day or any time on a
Non-Business Day
Day of Receipt Next Business Day
(ii) Wire Transfers
Wire transfers received before 4pm Eastern Time on a Business
Day are considered received on the Business Day we receive them.
Wire transfers received after 4pm Eastern Time on a Business Day
are considered received on the next Business Day. See Section
14(b)(i) for additional information.
16 STOP PAYMENT ON CHECKS
You may stop payment on a check drawn on your Checking Account
or Money Market Account in person at our Branch, by calling us or by
sending a written request to us. A stop payment order may apply to
either a continuous range of checks or a single check. A stop payment
order will be effective if we receive the stop payment order at such
time and in such manner that we have a reasonable opportunity
to act upon the request. The stop payment order is effective for six
(6) months from the date you ordered the stop payment. To make a
stop payment order, you must provide us with your Discover account
number, the check amount, and/or the number and, if available,
the payee name. Our acceptance of a stop payment order will not
constitute a representation that the check has not already been
paid or that we have a reasonable opportunity to act upon the order.
Further, you may not stop payment on a check after we have paid the
check.
If we fail to stop payment on a check for which a timely request is
made, our liability is limited to the face amount of the check. If you
would like to renew the stop payment after the effective period of
six (6) months, you must call us, come into the Branch or send us a
written request.
See Section 27 for information on stop payment orders for
preauthorized transfers.
17 ACCOUNT TRANSFER OR ASSIGNMENT
Except as set forth in Section 20, you may not transfer, assign, or
grant a security interest in your Account or any portion of the funds
in your Account, without our prior written consent. No such transfer,
assignment or security interest grant will be binding on us, unless
and until we consent in writing to it. We reserve the right to refuse to
Account (i.e., funds being sent to Discover) will be
available for withdrawal on the Business Day we receive
the deposit.
(ii) Funds from ACH transfers initiated at Discover Bank to be
withdrawn from your external bank account, and sent and
deposited to your Discover Bank Account are generally
available within four (4) Business Days after the date your
request is initiated.
The availability of funds from ACH transfers initiated at
Discover Bank from your external bank account and sent
and deposited to your Account at Discover Bank, may
be delayed for a longer period of time (up to 10 Business
Days) to ensure that the funds have cleared the external
bank from which the funds were obtained and under
circumstances including, but not limited to,
the following:
You are a New Customer.
We suspect fraudulent, illegal or other unusual activity on
your Account.
You have overdrawn your Account repeatedly in the last six
(6) months.
You have multiple deposits returned in your Account over
the immediately preceding 90-day period.
(iii) Funds from Zelle transfers to your Account. Please refer
to Section 7 of Zelle Person to Person Transfer Service
User Agreement Addendum for availability of funds from
Zelle transfers to your Account.
(c) Cash Deposits
Do not deposit cash through the mail. For cash deposits that are
not made in person to one of our employees at the Branch, your
funds will be available no later than the first Business Day after the
date of your deposit. If you make a cash deposit in person to one of
our employees at our Branch, your funds will be available no later
than the day we receive the deposit.
(d) Electronic and Cash Deposits by New Customers:
The availability of funds from cash and electronic deposits does not
change f
or New Customers, except as provided in Section 15(b)(ii)
above, and is set forth in Sections 15(b) and 15(c).
(e) Determining When Your Deposit is Received
(i) Checks and Cash
The following chart describes when items are determined to have
been received by Discover:
Times for When Check & Cash
Deposits Will Be Considered Received
31
allow you to change, add or delete your name or the names of other
Accountholders.
18 STATEMENTS AND ERROR RESOLUTION
(a) Statement Frequency
We will make available a statement of your Account as indicated
below.
(i) CDs
(a) Non-IRA CD Accounts
We will make available quarterly statements unless there is
an EFT transaction(s) within the month, in which case we will
make available a monthly statement.
(ii) IRAs
We will make available an IRA (Plan) statement annually on or
before January 31st reflecting the previous year’s activity. We
will make available quarterly IRA Savings Account statements
unless there is an ACH transaction(s) within the month, in which
case we will make available a monthly statement.
(iii) Savings Accounts
We will make available quarterly statements unless there is
an EFT transaction(s) within the month, in which case we will
make available a monthly statement.
(iv) Money Market Accounts
We will make available monthly statements. Checks will not be
returned to you with your monthly statements; however, you
may view check images through the Account Center. Check
copies are available by request.
(v) Checking Accounts
We will make available monthly statements electronically
through the Account Center. Checks will not be returned
to you; however, you may view check images through the
Account Center. Check copies are available by request.
(b) Statement Error Resolution
You must review and call us or write us promptly after we mail or
otherwise make a statement available if:
An item (other than an EFT from a Checking, Online Savings,
Money Market or non-IRA CD Account) that you did not authorize
or that contains an unauthorized alteration is listed on the
statement,
Your statement contains any errors (other than EFT related errors
from a Checking, Online Savings, Money Market or non-IRA CD
Account), or
You did not receive your scheduled statement.
If you do not notify us of unauthorized or altered items, or other
errors (other than EFTs from a Checking, Online Savings, Money
Market or non-IRA CD Account), or of a missing statement within
60 days after a statement is mailed or otherwise made available,
then you waive all claims you may have against us regarding these
items.
32
If you do not call or write us regarding an item that you did not
authorize or that contains an unauthorized alteration within 30
days after a statement is mailed or otherwise made available, we
are not liable to you for subsequent unauthorized transactions on
your Account that we could have prevented if you had timely told
us of the unauthorized alteration.
You must call us or write us within six (6) months after a statement
is mailed or made available to you to report an unauthorized or
missing endorsement on an item you issued.
You must provide us with all information we need to investigate
the alleged error or item and file any police reports and provide
supporting affidavits and testimony we reasonably request. If
you do not comply with the requirements, we are not required to
reimburse you for any claimed loss and you cannot bring any legal
claim against us in any way related to the item or errors.
(c) Undeliverable Statements
If a statement that we send is returned as undeliverable, we may
discontinue sending statements until we are provided a current
address. You are responsible for maintaining a current address
with us. Your statements will be considered available as of the
statement date. Your non-IRA CD Account, Money Market Account,
and Savings Account, statements are also available in the Account
Center.
(d) EFT Error Resolution
Section 18(b) on statement error resolution does not apply to
errors regarding EFTs from a Checking, Online Savings, Money
Market or non-IRA CD Account. For resolution of errors regarding
EFTs from a Checking, Online Savings, Money Market or non-IRA CD
Account, see Section 28.
19 CD RENEWAL OPTIONS
We will send you a notification 30 days before your CD matures.
When your CD matures, you may make a deposit or withdrawal (in
whole or in part), or change the length of the term of the renewed
CD once during the Grace Period. The “Grace Period” consists of the
nine (9) days immediately following the maturity date.
Any term change, or deposit or withdrawal during the Grace Period,
will end the Grace Period.
Your CD will automatically renew if no action is taken during the
Grace Period.
If you elect not to renew your CD, you will not be paid interest after
the maturity date. Interest will be paid on partial withdrawals during
the Grace Period as specified in Section 5(a).
• For IRA CD Accounts:
If you are withdrawing funds, we must receive a correctly
completed IRA Distribution or Transfer Form before the end of
your Grace Period in order for us to process any distribution(s)
from your IRA CD Account before the end of the Grace Period.
If you would like to make a contribution to your IRA CD Account at
33
maturity or during your Grace Period, we must receive a correctly
completed Contribution Form and the additional funds prior to
the end of the Grace Period. If we do not receive the Contribution
Form and funds prior to the end of the Grace Period, we will either
return the funds to you in the same way we received the funds
or you may apply for and establish a new IRA CD Account or IRA
Savings Account.
20 RIGHT OF SETOFF
(a) Set-Off
If you owe us or our affiliate(s) money under any agreement,
no
w or in the future (“Debt”), you grant us (and our affiliate(s),
as applicable) a security interest in all of your Accounts (except
for IRAs) in which you have an interest, to secure the Debt, plus
reasonable attorney fees and costs incurred by us (and our
affiliate(s), as applicable) in connection with collecting on the Debt.
We also have a right to set off the balance in any of your Accounts
(except for IRAs) against any Debt that is due and payable. If the
Debt is due and payable, we may exercise our right of set-off
and our rights under the security interest to satisfy or reduce the
Debt, without giving you notice, before or after the set-off (unless
required by applicable law) by withdrawing funds from such
Account(s) and applying them to the Debt, and to any associated
fees, charges, and costs. We may exercise these rights even if the
withdrawal leaves insufficient funds in your Account(s) to pay
outstanding checks or other items, or results in an Early Withdrawal
Penalty being assessed against your Account(s). We may withdraw
funds from a joint account to pay a Debt of any joint accountholder.
regardless of the contributions of each accountholder. We will not
exercise these rights to pay a credit card Debt, or where otherwise
prohibited by law.
(b) Overdrafts
Any overdraft in your Account, regardless of the reason for the
o
verdraft, is immediately due and payable by you, without notice of
demand from us.
21 OVERDRAFT PROTECTION SERVICE
We offer an optional Overdraft Protection Service. You may only enroll
in the Overdraft Protection Service for your Money Market Account,
Online Savings Account, or Checking Account in person at the Branch
or by visiting the Account Center. The Overdraft Protection Service
allows you to link an eligible Account to another eligible Account to
help avoid overdrawing your Account. Until you have enrolled your
eligible Accounts in the Overdraft Protection Service you will not have
the benefit of the Overdraft Protection.
22 POWER OF ATTORNEY
If you wish to designate another person (yourAttorney-in-Fact”), other
than another owner of your Account, to transact on your Account on your
behalf, you must deliver a Power of Attorney (“POA”) that complies with
applicable law. Subject to applicable law, we may decline to honor a POA
for any reason, at any time, and we may refuse to recognize a successor
Attorney-in-Fact, even if we recognized the first Attorney-in-Fact named
34
in your POA. If your POA names more than one Attorney-in-Fact, you
agree that we may rely on the instructions of one Attorney-in-Fact as
representing joint action by every Attorney-in-Fact you named in the POA.
You agree, we do not have the responsibility to monitor for or enforce any
joint Attorney-in-Fact requirement.
We may require the Attorney-in-Fact to execute an affidavit
form which we will provide. The Attorney-in-Fact must notify us
immediately upon learning of the principal’s death. We may rely on
your POA until we have received notice (i) from you that it has been
revoked, or (ii) that it has otherwise been terminated. An Attorney-in-
Fact is not an owner of the Account and does not have an FDIC-
insurable interest in the Account.
23 PRIVACY AND DISCLOSURE OF ACCOUNT INFORMATION
We will disclose information to third parties about your Account or the
transfers you make: (i) where it is necessary for completing transfers,
or (ii) in order to verify the existence and condition of your Account
for a third party, such as a credit bureau or other consumer reporting
agency or merchant, or (iii) in order to comply with government
agency or court orders, or (iv) if you give us written permission, or (v)
as explained in our Privacy Statement.
24 ACCOUNT CLOSURE
(a) Closure by Us
We can close your Account at any time for any reason, including if
the balance in your Account is zero. If we close your Account, funds
on deposit will be disbursed to the Accountholder(s).
You will have 45 days starting with the account open date to fund
your Checking Account, Online Savings Account, Money Market
Account or non-IRA CD Account. If we do not receive funding within
45 days starting with the account open date, your Account will be
closed.
(b) Closure by You
Subject to Section 11(a), you can close your Account at any time by
notifying us in person, in writing or calling us. For phone requests,
we may require you to submit an Account closure request in
writing.
(c) All Closures
(i) Checking, Money Market and Online Savings Accounts: No
interest will be paid on deposits received after your Account
has been closed. If any transactions are received after
your Checking, Money Market, or Online Savings Account is
closed, the transactions will generally be rejected, and debit
transactions will be returned unpaid.
(ii) Non-IRA CD Accounts: Closure of your Non-IRA CD Account is
subject to the restrictions stated in Section 11(a)(i) and Section
36 of this Agreement. If your Non-IRA CD Account is closed
prior to maturity, we will assess an Early Withdrawal Penalty.
However, we do not assess an Early Withdrawal Penalty for
withdrawals following the death of an owner or when an
owner is determined to be legally incompetent by a court or
35
other appropriate administrative body, in each case subject
to the provision of supporting documentation satisfactory
to us.
(iii) IRA CD Accounts: Closure of your IRA CD Account is subject
to the restrictions stated in Section 11(a)(i) and Section 36 of
this Agreement and the provisions set forth in Section 3(iii)
governing revocation of an IRA Plan. If your IRA CD Account
is closed prior to maturity, we will assess an Early Withdrawal
Penalty. However, we do not assess an Early Withdrawal
Penalty for withdrawals following the death of an owner or
when an owner is determined to be legally incompetent
by a court or other appropriate administrative body, or for
withdrawals that constitute required minimum distributions
from your IRA CD Account, in each case subject to the
provision of supporting documentation satisfactory to us.
Upon the death of an IRA CD Account Accountholder, if a
surviving spouse is the sole beneficiary, then the surviving
spouse must close the IRA CD Account and either (a) open
a new IRA CD Account in the surviving spouse’s name with
the IRA CD Account term ending on the same date and
with the same interest rate and APY as the original IRA CD
Account, or (b) receive the funds as a transfer, distribution,
or a rollover.
IRA Savings Accounts: Closure of your IRA Savings
Account is subject to the restrictions stated in Section
11(a)(i) and the provisions set forth in Section 3(iii)
governing revocation of an IRA Plan. Upon the death of an
IRA Savings Account Accountholder, if a surviving spouse
is the sole beneficiary, then the surviving spouse must
close the IRA Savings Account and either (a) open a new
IRA Savings Account in the surviving spouse’s name, or (b)
receive the funds as a transfer, distribution, or a rollover.
(iv) IRAs generally: Closure of an IRA may result in tax
consequences, depending on the circumstances, including
tax penalties and assessment of income tax on funds
distributed from the closed account. We may be required to
withhold certain amounts for federal income tax. See your
applicable IRA Plan Agreement and disclosures for more
information.
(v) General: If an Account is closed before interest is credited,
you will receive the accrued interest. Closed Accounts remain
subject to the other provisions of this Agreement. We may
advise consumer reporting agencies and other third parties of
an Account that is closed for misuse, as permitted by law.
25 TRANSACTION CORRECTIONS, REVERSALS, AND DELAYS
(a) Transaction Corrections
We may review transactions after they are posted to your Account.
If we determine that we credited or debited your Account in error,
we may reverse the transaction at any time, without notice to you
and even if a reversal overdraws your Account.
36
(b) Return of Benefit Payments
If we are required to return any federal benefits or other payments
that were deposited to your Account after you became ineligible
to receive them, we may debit your Account balance, or debit any
other Account you own and return them to the sender. If any of the
funds were withdrawn, you agree to repay them upon our request.
(c) Transaction Delays
If we are unable to automatically post a transaction to your Account
for any reason, including but not limited to your failure to provide
a deposit slip, or there is a freeze on your Account, or the deposit
is to a CD that has not yet matured, we are entitled to a reasonable
amount of time to review the transaction and post it to your
Account, or in our discretion, return it.
26 AMENDMENTS, ACCOUNT CHANGES AND NOTICES
We may amend this Agreement at any time. We will send you a
notification 30 days prior to the effective date of any amendment that
is adverse to you. If you are unwilling to agree to such amendments,
you have the right to close your Account prior to the changes taking
effect, subject to any Early Withdrawal Penalties. Your continued use
of the Account after the effective date of the change constitutes your
agreement to the Deposit Account Agreement as amended. Notices
will be sent to the most recent address shown on our records for your
Account. Any notice to one Accountholder constitutes notice to all
Accountholders. It is your responsibility to notify us of any changes in
your address or name, or if an Accountholder dies. If we are notified by
the U.S. Postal Service that your address has changed, we will change
your address in our records and send notice to you of the change.
27 ELECTRONIC FUND TRANSFER EFT
“EFT” or “transfer,” as used in Sections 27 and 28, means any electronic
fund transfer transaction that is initiated through an electronic
terminal, telephone, facsimile machine, computer or magnetic tape
for the purpose of ordering, instructing or authorizing us to debit or
credit your Checking, Online Savings, Money Market and non-IRA CD
Account. The following details your rights in regards to EFTs. You may
call us if you have any questions about your rights. Refer to Section 28
for written notification requirements.
(a) Stop Payment of Preauthorized Transfers
If you have told us in advance to make regular payments out of your
Account, or you have authorized a third party to debit your Account
via EFT, you can stop any of these payments. Here’s how: Call us
at 1-800-347-7000, come into the Branch or write us at Discover
Bank, P.O. Box 30416, Salt Lake City, UT 84130. For payments you
have authorized us to make, (i) if you make a stop payment order
by phone, we must receive it no later than 5pm Eastern Time on
the date the payment is scheduled to be made, or (ii) if you send a
stop payment order in writing, we must receive your order in such
time and in such manner as to allow us a reasonable opportunity
to act upon it, which will be no less than three (3) Business Days.
For payments you have authorized a third party to make from your
3837
your Account. If you tell us within two (2) Business Days after you learn
of the loss or theft of your Debit Card or PIN, you can lose no more than
$50 if someone used your Debit Card or PIN without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the
loss or theft of your Debit Card or PIN, and we can prove we could have
stopped someone from using your Debit Card or PIN without your
permission if you had told us, you could lose as much as $500 (if you
reside in California or New York, this amount is as much as $50). Also, if
your statement shows transfers that you did not make, including those
made by card, code or other means, tell us AT ONCE. If you do not tell
us within 60 days after the statement was made available to you, you
may not get back any money you lost after the 60 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.
(f) Our Liability for Failure to Make Electronic Transfers
If we do not complete a transfer to or from your Account on time
or in the correct amount according to your instructions and this
Agreement, we will be liable for losses or damages. However, there
are some exceptions. We will not be liable, for instance:
If, through no fault of ours, there is insufficient money in your
Account to make the transfer.
If the terminal or system was not working properly and you knew
about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire or flood) prevent
the transaction, despite reasonable precautions that we have taken.
If the transaction would have violated the terms of any of our
agreements with you or with governmental regulations.
If the ATM where you are making the transfer does not have
enough cash.
There may be other exceptions not stated in this Agreement.
28 ERROR RESOLUTION  ELECTRONIC FUND TRANSFERS
In case of errors or questions about EFTs, call us or write us as soon
as you can, if you think your statement is wrong or if you need more
information about a transfer listed on the statement. We must hear from
you no later than 60 days after we made the FIRST statement available
on which the problem appeared. Call 1-800-347-7000 or send your
inquiry to us at Discover Bank, P.O. Box 30411, Salt Lake City, UT 84130-0411.
In order to more effectively serve you:
• Tell us your name and Account 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 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,
Account via EFT, (i) if you make a stop payment order by phone,
we must receive the order before the debit has posted to your
Account, or (ii) if you send a stop payment order in writing, we must
receive your order in such time and in such manner as to allow us
a reasonable opportunity to act upon it, which will be no less than
three (3) Business Days. If you call, we may also require you to put
your request in writing and get it to us within 14 days after you call.
You must provide us with your Discover Account number, the name
of the payee, the date and the payment amount. The stop payment
order is effective indefinitely. For payments initiated by a third
party, you should notify the third party that you have withdrawn
your authorization for the payment.
(b) Notice of Varying Amounts
If these regular payments vary in amount, the person you are going
to pay will tell you ten (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.
(c) Liability for Failure to Stop Payment
If you order us to stop one of these payments within the time
frames set forth in Section 27(a), and we do not do so, we will be
liable for your losses or damages.
(d) Documentation of Transfers
Your EFTs will be documented as follows:
Terminal Transfers (i.e., ATMs): You can get a receipt at the
time you make any transfer/withdrawal from your Checking or
Money Market Account using an ATM or POS terminal. Save this
receipt in order to reconcile your Account and/or to report any
discrepancies or malfunctions.
Preauthorized Credits: If you have arranged to have direct
deposits made to your Checking Account, Online Savings Account
or Money Market Account at least once every 60 days from the
same person or company, you can call us at 1-800-347-7000 or
visit DiscoverBank.com to verify whether or not the deposit has
been made. You will not receive a separate receipt for these
transactions.
ACH Transactions Initiated Through the Account Center or By
Phone: You will receive a written notice confirming the verbal
authorization to process an ACH by phone. You will be presented
with a confirmation screen, confirming the authorization to
process an ACH through the Account Center.
Statements: All transfers will be included on your statements.
(e) Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Debit Card or PIN has been lost
or stolen, or if you believe that an electronic fund transfer has been
made without your permission using information from your check,
by calling us at 1-800-347-7000 or by writing us at Discover Bank, P.O.
Box 30411, Salt Lake City, UT 84130- 0411. Telephoning is the best way
of keeping your possible losses down. You could lose all the money in
4039
33 TELEPHONE COMMUNICATIONS
(a) Authorization to Record Calls
You agree that Discover and its affiliates, agents, contractors and
marketing partners, may listen to or record telephone calls between
you and our representatives without additional notice to you.
(b) Authorization to Contact You by Phone
You agree that we (and our affiliates, agents, and contractors)
may monitor or record any calls between you and us. If we need to
contact you to service your Account or to collect amounts you owe
to us, you authorize us (and our affiliates, agents and contractors)
to contact you at any number (i) you have provided to us, (ii) from
which you called us, or (iii) which we obtained and believe we
can reach you at. We may contact you in any way, such as calling,
texting or email. We may contact you using an automated dialer or
using pre-recorded messages. We may contact you on a mobile,
wireless, or similar device, even if you are charged for it by your
provider.
(c) Authorization to Contact You by Other Means
You also agree that Discover and its affiliates, agents and contractors
may use other medium, as permitted by law and including, but not
limited to, mail and email, to contact you about your Account or to
offer products or services that may be of value to you.
34 LIMITATION OF LIABILITY
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
PROFITS OR ATTORNEYS’ FEES, REGARDLESS OF THE FORM OF ACTION
AND EVEN IF WE HAD ADVANCE WARNING OF THE POSSIBILITY OF
SUCH DAMAGES.
35 ARBITRATION OF DISPUTES
(a) Agreement to Arbitrate
In the event of a dispute between you and us arising out of or
relating to this Account or the relationships resulting from this
Account or any other dispute between you and us (“Claim”), either
you or we may choose to resolve the Claim by binding arbitration,
as described below, instead of in court. Any Claim (except for a
claim challenging the validity or enforceability of this arbitration
agreement, including the Class Action Waiver) may be resolved by
binding arbitration if either side requests it. THIS MEANS IF EITHER
YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE
RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL.
ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
Even if all the parties have opted to litigate a Claim in court, you or
we may elect arbitration with respect to any Claim made by a new
party or any new Claims later asserted in that lawsuit.
(b) Class Action Waiver
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS
NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS
IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS,
OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE
however, we may take up to 45 days to investigate your complaint or
question. If we decide to do this, we will credit your Account within
ten (10) Business Days for the amount you think is in error, so that you
will have 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 Account. For errors involving new Accounts,
POS, or foreign-initiated transactions, we may take up to 90 days to
investigate your complaint or question. For new Accounts, we may
take up to 20 Business Days to credit your Account 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.
29 WAIVERS
No delay in our exercise of our rights, powers or remedies will affect
your obligations under this Agreement. If we waive any of the
provisions of this Agreement, such waiver will only apply on that
occasion.
30 LEGAL PROCEEDINGS
We may comply with any writ of attachment, adverse claim,
garnishment, tax levy, restraining order, subpoena, warrant or other
legal process which we believe (correctly or otherwise) to be valid
and we may restrict use of your Account if it is subject to any legal
proceedings. We shall be entitled to rely upon the representations,
warranties and statements made in such legal processes. You agree
to hold harmless and indemnify us for any losses, expenses and costs,
including reasonable attorneys’ fees, incurred by us as a result of
complying with such legal proceedings. In the event of your death,
we will not release funds on deposit until all legal documents we
require are delivered to us. We may pay all or any part of the funds in
a joint account to a court or governmental agency upon receipt of a
garnishment, order, tax levy or similar legal process identifying any
one or all of the owners of the joint account.
31 ABANDONED ACCOUNTS
State laws governing abandoned accounts may vary from state to
state. If we have not had contact from you, there is no activity on
your Account and you have not otherwise indicated an interest in the
Account for a period of time specified by state law, the laws in most
states require us to treat the funds in such Account as abandoned
property and deliver the abandoned funds to the applicable state.
Once the property is turned over to the applicable state, you would
have to follow the state’s requirements and process to obtain return
of the funds we turned over to the state.
32 SEVERABILITY
Any term contained in this Agreement which is determined by a
court of competent jurisdiction to be invalid or unenforceable
under
applicable law or regulation, shall not affect the validity or
enforceability of the remaining terms.
4241
Follow all applicable substantive law, except when contradicted by the
FAA;
• Follow applicable statutes of limitations;
• Honor valid claims of privilege;
• Issue a written decision including the reasons for the award.
The arbitrator’s decision will be final and binding except for any review
allowed by the FAA. However, if more than $100,000 was genuinely in
dispute, then either you or we may choose to appeal to a new panel
of three arbitrators. The appellate panel is completely free to accept
or reject the entire original award or any part of it. The appeal must
be filed with the arbitration organization not later than 30 days after
the original award issues. The appealing party pays all appellate costs
unless the appellate panel determines otherwise as part of its award.
Any arbitration award may be enforced (such as through a judgment)
in any court with jurisdiction.
(g) Notice and Cure; Special Payment
If you have a Claim, before initiating an arbitration proceeding, you
may give us written notice of the Claim (“Claim Notice”) at least
30 days before initiating the arbitration proceeding. The Claim
Notice must include your name, address, and account number
and explain in reasonable detail the nature of the Claim and any
supporting facts. Any Claim Notice shall be sent to us at Discover
Bank, P.O. Box 30416, Salt Lake City, UT 84130 (or such other address
as we shall subsequently provide to you). If, and only if, (1) you
submit a Claim Notice in accordance with this agreement on your
own behalf (and not on behalf of any other party); and (2) an
arbitrator, after finding in your favor in any respect on the merits of
your claim, issues you an award that (excluding any arbitration fees
or attorneys’ fees and costs awarded by the arbitrator) is greater
than the value of Discover’s last written settlement offer made
before an arbitrator was selected, then you will be entitled to the
amount of the award or $7,500, whichever is greater. If you are
entitled to the $7,500, you will receive, in addition, any arbitration
fees or attorneys’ fees and costs awarded by the arbitrator. Any
arbitration award may be enforced (such as through a judgement)
in any court with jurisdiction.
(h) Other Beneficiaries of this Agreement to Arbitrate
In addition to you and us, the rights and duties described in this
arbitration agreement apply to: our Affiliates and our and their
officers, directors and employees; any third party co-defendant
of a Claim subject to this arbitration agreement; and all joint
Accountholders of your Account(s).
(i) Survival of this Arbitration Agreement
This arbitration provision shall survive:
• closing of your Account;
• any legal proceedings to collect money you owe;
• any bankruptcy by you; and
• any sale by us of your Account.
ATTORNEY GENERAL CAPACITY. The arbitrator may award
injunctive relief 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. The arbitrator may not award class,
representative or public injunctive relief. If a court decides that
applicable law precludes enforcement of any of this paragraph’s
limitations as to a particular Claim for relief, then after all appeals
from that decision have been exhausted, that Claim (and only that
Claim) must be severed from the arbitration and may be brought
in court. Only a court, and not an arbitrator, shall determine the
validity, scope, and effect of the Class Action Waiver.
(c) Your Right to Go To Small Claims Court
We will not choose to arbitrate any individual Claim you bring in
small claims court or your state’s equivalent court. However, if such
a claim is transferred, removed or appealed to a different court, we
may then choose to arbitrate.
(d) Governing Law and Rules
This arbitration agreement is governed by the Federal Arbitration Act
(“FAA”). Arbitration must proceed only with the American Arbitration
Association (AAA”) or JAMS. The rules for the arbitration will be those in
this arbitration agreement and the procedures of the chosen arbitration
organization, but the rules in this arbitration agreement will be followed
if there is disagreement between the agreement and the organization’s
procedures. If the organization’s procedures change after the claim is
filed, the procedures in effect when the claim was filed will apply. For
a copy of each organization’s procedures, to file a claim or for other
information, please contact:
AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043,
www.adr.org (phone 1-877-495-4185) or
JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018,
www.jamsadr.com (phone 1-800-352-5267).
If
both AAA and JAMS are completely unavailable, and if you and we
cannot agree on a substitute, then either you or we may request that a
court with jurisdiction appoint a substitute.
(e) Fees and Costs
If you wish to begin arbitration against us but you cannot afford to pay
the organization’s or arbitrator’s costs, we will advance those costs if
you ask us in writing. Any request like this should be sent to Discover
Bank, P.O. Box 30416, Salt Lake City, UT 84130. If you lose the arbitration,
the arbitrator will decide whether you must reimburse us for money we
advanced for you for the arbitration. If you win the arbitration, we will
not ask for reimbursement of money we advanced. Additionally, if you
win the arbitration, the arbitrator may decide that you are entitled to be
reimbursed your reasonable attorneys’ fees and costs (if actually paid
by you).
(f) Hearings and Decisions
Arbitration hearings will take place in the federal judicial district where
you live. A single arbitrator will be appointed.
The arbitrator must:
4443
All Early Withdrawal Penalties will be automatically deducted from
your Account except for those instances described in section 24.
Each IRA Plan (Traditional or Roth) you open is subject to revocation
as defined in Section 3(iii)(a)(2). An Early Withdrawal Penalty will not
apply if you revoke your IRA Plan under Section 3(iii)(a)(2).
Account Opening Requirements & Service Charges:
Account Opening Requirements
Product Minimum Opening
Balance
Other Product Specific Requirements
Cashback
Debit
$0 Online Account only;
Account Center Registration Required within 45 days of
account opening, or account will be closed
Savings/IRA
Savings
$0 Certain withdrawals and transfers limited to 6 items per
month (See Section 11)
Money Market $2,500 Certain withdrawals and transfers limited to 6 items per
month (See Section 11)
CDs/IRA CDs $2,500 See Section 36 for Early Withdrawal Penalties that
may apply
Account Service Charges (Not Applicable to IRAs)
Outgoing Wire Transfer $30
We do not charge account fees for account activities including
but not limited to: having insufficient funds in or overdrawing your
Account, excessive withdrawals on Money Market and Savings
Accounts, going below a minimum balance, placing stop payment
orders, replacing Debit Cards, or ordering checks.
Zelle and the Zelle related marks are wholly owned by Early
Warning Services, LLC and are used herein under license.
Venmo and PayPal are registered trademarks of PayPal, Inc.
(j) You Have the Right to Reject Arbitration for this Account. You
may reject the arbitration agreement but only if we receive from
you a written notice of rejection within 30 days of your receipt
of this Agreement. You must send the notice of rejection to:
Discover Bank, P.O. Box 30411, Salt Lake City, UT 84130-0411. Your
rejection notice must include your name, address, phone number,
Account number and personal signature. No one else may sign
the rejection notice for you. Your rejection notice must not be sent
with any other correspondence. Rejection of arbitration will not
affect your other rights or responsibilities under this Agreement.
If you reject arbitration, neither you nor we will be subject to the
arbitration agreement for this Account. Rejection of arbitration
for this Account will not constitute rejection of any prior or future
arbitration agreement between you and us.
(36) EARLY WITHDRAWAL PENALTIES; MINIMUM ACCOUNT
REQUIREMENTS AND SERVICE CHARGES
Early Withdrawal Penalties
For New CDs: Beginning on the 8th day after your CD is opened and
funded and for the next 22 calendar days, we will deduct each day’s
simple interest on the Issue Amount withdrawn from the funding
date to the date of withdrawal. Thereafter, the Early Withdrawal
Penalty will be calculated as described in the chart below.
For Renewing CDs: Beginning on the day your CD’s Grace Period
ends and for the next 20 calendar days, we will deduct each day’s
simple interest on the Issue Amount withdrawn from the maturity
date to the date of withdrawal. Thereafter, the Early Withdrawal
Penalty will be calculated as described in the chart below.
Early Withdrawal Penalty is calculated
based on the Issue Amount Withdrawn
CDs opened or renewed through 3/14/2013
Term
Penalty
Less than 1
Year
1-5 Years Greater
than 5 Years
3 months
simple
interest
6 months
simple
interest
9 months
simple interest
CDs opened or renewed 3/15/2013 through 2/16/2014
Term
Penalty
Less than 1
Year
1 Year to
< 4 Years
4 Years to
< 7 Years
7 Years
or Greater
3 months
simple
interest
6 months
simple
interest
9 months simple
interest
15 months
simple
interest
CDs opened or renewed on or after 2/17/2014
Term
Penalty
Less than 1
Year
1 Year to
< 4 Years
4 Years to
< 5 Years
5 Years to
< 7 Years
7 Years
or Greater
3 months
simple
interest
6 months
simple
interest
9 months simple
interest
18 months
simple
interest
24 months
simple
interest
In some cases, the Early Withdrawal Penalty may reduce the principal in the CD.
One month equals 30 days for simple interest calculation.
Rev. 08/21
WHAT DOES DISCOVER BANK
DO WITH YOUR PERSONAL INFORMATION
?
FACTS
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right
to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
• Social Security number and account transactions
• Account balances and payment history
• Transaction history and credit history
How?
All financial companies need to share customers’ personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers’ personal information; the
reasons Discover Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information
Does Discover
Bank share?
Can you limit
this sharing?
For our everyday business purposessuch as to process your transactions, maintain your
account(s), respond to court orders and legal investigations, or report to credit bureaus
and other consumer reporting agencies
Yes
No
For our marketing purposesto offer our products and services to you
Yes No
For joint marketing with other financial companies
Yes No
For our affiliates’ everyday business purposes—information about your transactions
and experiences
Yes No
For our affiliates’ everyday business purposes—information about your credit worthiness
Yes Yes
For our affiliates to market to you
Yes Yes
For nonaffiliates to market to you
No
We don’t
share*
BK.PP.LIN.08/21
To limit
our sharing
Call 1-866-402-1048our menu will prompt you through your choices
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we sent this
notice. When you are no longer our customer, we continue to share your information as described in
this notice. However, you can contact us at any time to limit our sharing.
Questions?
Call 1-800-347-7000
©2021 Discover Bank, Member FDIC
* If you have a co-brand/affinity account with us, we may share information about you with our co-brand/affinity partners in connection with maintaining and servicing your
account including for that partner to market to you. Federal law does not give you the right to limit this sharing.
Who we are
Who is providing
this notice?
This privacy policy is being provided by Discover Bank and applies to the products and services
obtained at our retail bank office in Greenwood, Delaware and deposit accounts opened by mail, by
phone, or on our websites and the products and services offered in connection with those accounts.
What we do
How does Discover
Bank protect my
personal information?
To protect your personal information from unauthorized access and use, we use security measures
that comply with federal law. These measures include computer safeguards and secured files
and buildings.
How does Discover
Bank collect my
personal information?
We collect your personal information, for example, when you:
• Open an account or make deposits or withdrawals from your account
• Give us your contact information or make a wire transfer
• Provide account information
We also collect your personal information from others, such as credit bureaus and other consumer
reporting agencies, affiliates, or other companies.
Why can’t I limit all
sharing?
Federal law gives you the right to limit only:
Sharing for affiliates’ everyday business purposes-information about your creditworthiness
• Affiliates from using your information to market to you
• Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
See below for more on your rights under state law.
What happens when
I limit sharing for an
account I hold jointly
with someone else?
Your choices will apply to everyone on your account.
Definitions
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Our affiliates include companies with a Discover® or DFS name and financial companies such as
Diners Club International® Ltd.; PULSE Network LLC; The Student Loan Corporation; and GTC Insurance
Agency, Inc.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• Nonaffiliates we share with can include insurance companies
Joint marketing
A formal agreement between nonaffiliated financial companies that together market financial
products or services to you.
Our joint marketing partners can include institutions such as insurance companies
Other important information
Vermont Residents -
We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal
information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted
by Vermont law, unless you authorize us to make those disclosures. Find additional information about our privacy policies at
www.discover.com/privacy-statement or by calling 1-800-347-7000.
California Residents -
Except as permitted by law, we will not share information we collect about you with nonaffiliates or joint marketing
partners while you are a resident of California.
Nevada Residents -
You may call 1-866-402-1048 to be placed on our Do Not Call List. For more information, mail Discover Bank, PO Box 30416,
Salt Lake City, UT 84130. You may also contact the Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington
Ave., Suite 3900, Las Vegas, NV 89101, call 1-702-486-3132, or e-mail BCPINFO@ag.state.nv.us. This notice is provided pursuant to state law.