Terms & Conditions
New York Child Support Debit Card Account Agreement
By activating, using or allowing another to use New York Child Support Prepaid Debit Card or Account, or by keeping your Account open, you agree to be bound by the terms and conditions of this New York Child Support Prepaid Debit Card Account Agreement (“this Agreement”). This Agreement discloses the terms and conditions of your New York Child Support Prepaid Debit Card and you are not entitled to any rights or benefits given to deposit account customers or debit card holders at Bank of America, NA. unless such rights or benefits are contained in this Agreement. Please read this Agreement and the enclosed Fee Disclosure and Other Important Disclosures (“Fee Disclosure”) carefully and keep it for future reference. This Agreement and the Fee Disclosure are also available online at www.bankofamerica.com/nycsdebitcard. In this Agreement: “Account” means the account accessed by your Card; “Card” or “Government Prepaid Debit Card” means the Government Prepaid Debit Card issued by us on behalf of New York State Office of Temporary and Disability Assistance (“OTDA” or “Agency”) to enable you to access child support payments that we have deposited in the Account for you on behalf of OTDA; “you” and “your” mean the person to whom we issue a Card or the recipient's legal representative; and “we”, “us”, and “our” mean Bank of America, N.A., and its affiliates or assignees. Section headings are for convenience only, and do not create or limit rights under this Agreement.
Staying in Contact With Us.
Contacting Us. If you have any questions about your Card or your Account, or if you need our assistance, call us at the Bank of America New York Child Support Prepaid Debit Card Service Center (the “Service Center”) at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). If you need assistance in a language other than English, our Service Center has translation services and non-English speaking personnel. Rather than contact the Service Center, you may write us at Bank of America, P.O. Box 8488, Gray, TN 37615-8488.
Online Access. General information about your Card and Account is available online at www.bankofamerica.com/nycsdebitcard. We encourage you to activate your personal account online, where you can review your 12-month transaction history, Account statements and perform some functions as described in this Agreement or online.
Communications to Your Mail and Email Addresses; Your Duty to Update Addresses. We will mail or deliver any written communications, including Cards and notices that must be mailed to you, using the address that you gave OTDA and that OTDA has reported to us for you. You agree to maintain a valid mailing address on file with OTDA, and to notify us promptly of any change or update to your mailing address. If you have given OTDA an email address, you agree to notify us promptly of any change or update to your email address. If you separately provide your email address to us, you agree to keep it updated with us. We may send you email communications including important information that we otherwise may have mailed to you using any email address on file with OTDA or that you have supplied to us. We are not responsible for losses arising from your failure to update your mail or email addresses.
Your OTDA Benefits. Your Account is funded by OTDA. If you have any questions about your child support benefits, including about your benefit claim or the amount of benefits that are funded to your Account, you must contact OTDA. You may contact the Service Center if you want to find out if an amount has been deposited to your Account.
General Account Information. Your Account and the amount of money in your Account, also referred to as the balance, do not bear interest. The funds in your Account are insured by the Federal Deposit Insurance Corporation (FDIC) up to the applicable federal limit.
Individual Accounts Only. Your Account is an individually owned account. Your account cannot be jointly owned with another person. You may have only one Card for your Account at any time.
Accounts Are Not Transferable. Your Account is not transferable to any other person. We reserve the right not to acknowledge or accept attempted pledges or assignments of, or purported security interests in, your Account.
Business Days. For purposes of this Agreement, our business days are Monday through Friday, excluding bank holidays.
Deposits to Your Account and Funds Availability.
Funds Added to Your Account. Deposits to your Account may only be made by the Agency. We will add funds to your Account only (a) in accordance with instructions from the Agency or (b) to remedy an error or resolve a dispute or (c) as otherwise permitted under this Agreement or law. For information on the amounts and scheduled dates of future deposits to your Account, please contact the Agency. Once funds are properly deposited and made available to you, the Agency has no rights to any funds in your Account, except as otherwise provided by law (including with respect to the Child Support benefits program that you participate in and rights reserved to the Agency), this Agreement, or the rules of the network used to make the deposits.
When Funds Are Available. Funds from the Agency are available for your use no later than the day we receive full and final credit for funds from the Agency, according to the schedule agreed to by us with the Agency. Once the funds are available, you may make the transactions described below except as limited in this Agreement or applicable law. Funds may be delayed for a longer period if there is an emergency, such as failure of computer or communications.
When Funds to Which You Are Not Entitled Are Deposited in Your Account. If funds to which you are not entitled are deposited to your Account, whether by mistake, or despite your ineligibility or lack of qualification for the Child Support benefits deposited, or for any other reason, we may deduct these funds from your Account. We may do so based on information about your entitlement provided to us by the Agency or on other information that we rely upon reasonably and in good faith. If there is an insufficient balance, we may overdraw your Account. We can do this without giving you any prior notice or demand, and even if your Account is closed.
Return of Certain Funds to the Agency. If we exercise our rights under the preceding paragraph to deduct funds from your account to which you are not entitled, we can return some or all of the deducted funds to the Agency but we have no obligation to do so. We also can return funds to the Agency if we reasonably determine that an Account or a Card has been obtained through fraudulent or unlawful means, or used for the purpose of unlawful activity, or if we place a “freeze” on your Account or Card based on suspected irregular, unauthorized, or unlawful activities associated with your Account or Card. We may return funds to the Agency even if your Account is closed. If we return funds to the Agency under this paragraph, and you believe you were entitled to them, you must apply to the Agency to reclaim the funds.
Using Your Card, Conducting Transactions and Accessing Funds in Your Account.
Activating Your Card. You must activate your Card before using it. You may activate your card online by visiting www.bankofamerica.com/nycsdebitcard or by calling the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). When you activate your card, you will select your four-digit Personal Identification Number (“PIN”). Your PIN is the access code to your Account for all pinned point-of-sale terminal purchases and for transactions at Cirrus® or Mastercard® Automated Teller Machines (“ATMs”).
Access to Your Funds. You may use your Card or Account to:
- Pay for purchases at merchants that have agreed to accept the Card as described below.
- Withdraw cash from your Account including at an ATM or by way of Emergency Cash Transfers as described below.
- Transfer funds from your Account to a checking or savings account in the U.S. as described below.
- Pay bills directly from your Account.
Some of these services may not be available at all terminals, and there are other limitations on your ability to make transactions with your Card and Account, as described under Section 5 and as otherwise described in this Agreement or that we describe to you when you seek to make a transaction. In addition, if you use a third party's service, such as a non-Bank of America ATM, website or mobile app, that third party may place additional limitations on the transactions you can make with your Card or Account through a third-party service, and require you to agree to and comply with their terms of service in order to use their services, which shall be in addition to this Agreement; we have no responsibility or liability for the services, actions or omissions of such third parties.
Purchases. Your Card bears the Mastercard® symbol on the front face. Your Card may be used for purchases at merchants who accept Mastercard debit cards at a point-of-sale terminal. Mastercard transactions may be made by presenting your Card and authorizing the transaction. You may also use your Card for purchases at point-of-sale terminals that require a PIN. Some merchants will pre-authorize a transaction or place a hold on funds in your Account for an amount greater than the price of goods or services purchased, to ensure there are sufficient funds available to cover the purchase and any tips and incidental expenses. Any pre-authorization will place a “hold” on certain funds in your Account until the merchant tells us the final amount of your purchase. Once we receive the final amount, the pre-authorized hold will be removed. It often may take up to seven (7) Business Days for the hold to be removed. Call the Service Center for further information. During the hold period, you will not have access to the pre-authorized amount in your Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold on your Account in the amount of the authorization for up to thirty (30) days. Some merchants will also allow you to pay an amount greater than the price of goods or services purchased, with the difference refunded to you as cash back.
Use at Cirrus® or Mastercard ATMs. Your Card may be used for transactions at Cirrus or Mastercard ATMs to make cash withdrawals or balance inquiries requiring a PIN. See the Fee Disclosure for any fees which may apply to ATM transactions. Most ATMs require that cash withdrawals be made in multiples of a dollar amount (e.g. $10 or $20). In addition, the maximum amounts that may be withdrawn at an ATM in one transaction or over a period of time (e.g., daily) is limited, either by us or by the ATM operator. Many merchants limit the amount of cash that may be obtained in connection with a purchase transaction.
Obtaining Cash at Financial Institutions. You may obtain cash at offices of financial institutions that accept Mastercard cards, including Bank of America Financial Centers, subject to certain restrictions set by us or the institution, including on the amount and frequency of transactions.
Online Funds Transfer. You may request to transfer funds in Your Account electronically to a checking or savings account in the U.S., subject to certain restrictions. It may only be requested online via the Internet at www.bankofamerica.com/nycsdebitcard or by calling the Service Center. There are limits on how much you can transfer, which are currently $7,000 per transaction and $10,000 per seven-day rolling period regardless of the number of transactions. The limits may change, and limits in effect can be viewed online or you can ask about limits by calling the Service Center, unless we have security reasons not to disclose such limits. We may rely on the account and routing number you provide for the account to which you request to transfer funds, and we are under no obligation to verify it, even if other information you provide does not match our records. Once the transfer is initiated, we cannot reverse the transaction or have the funds returned to your Account.
Emergency Cash Transfers. You may obtain cash from your Account at any Western Union location in the U.S. (“Emergency Cash Transfer”). All Emergency Cash Transfer requests must be initiated through the Service Center. All requests for Emergency Cash Transfers are subject to any Emergency Cash Transfer fees stated in the Fee Disclosure. All requests for Emergency Cash Transfers are subject to our guidelines and Western Union guidelines which could vary by state and could include certain dollar limits, identification requirements and other restrictions. If you request an Emergency Cash Transfer, you agree that we have no liability for any losses or damages that you may suffer arising out of any action, non-action or delayed action on the part of Western Union or its agents or any other third party. We may not be able to arrange the Emergency Cash Transfer to take place on the same day that you request it.
Card Expiration and Replacement. Your Card is valid through the expiration date shown on the front of your Card. The funds in your Account do not expire. If we do not send you a new Card before the expiration date, you should call us to request a replacement Card. You may also request a replacement Card at any time if your Card is lost or stolen, or if you believe the security of your Card or Account may have been compromised. To request a replacement Card, please call the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). At any time, you may close your Account and request a check for any remaining funds balance, after we process outstanding transactions, as described in Section 18.
Limitations on Your Account and Your Card.
Your rights to use your Card and your Account are limited by this Section, and are in addition to other limitations in this Agreement or law. This Section also applies to any remaining balance after your Account is closed.
For security reasons, to avoid high risk activity or for other reasons, we sometimes put limits or restrictions on the amount, number, frequency, and/or type of transactions that you can make using your Account or Card, or on the merchants or terminals where you can use your Account or your Card, or on how you may use your Account or Card if the Card is swiped or inserted into a terminal or not. We may change these limits or restrictions from time to time in our sole discretion. There are limits or restrictions like this in place currently. We usually do not disclose these limits or restrictions.
For security or other reasons, we may “freeze” (or place a hold on) your Account or Card, or we may restrict access to or suspend or “block” your Account or Card, or we may decline any transaction, or we may require that you authenticate your identity with us. We may take actions under this Section to respond to or anticipate a variety of circumstances, including but not limited to under circumstances where we suspect irregular, unauthorized, or unlawful activities may be involved with your Account or Card, or where there is activity or transactions on or characteristics about your Account or Card that may be suspicious or high risk, or where the Agency has reported that you are not qualified or eligible to Child Support benefits in your Account, or to protect the security of your Account, others' accounts or our systems, or to prevent the improper use of our facilities and systems, or to prevent or address potential or suspected fraud or misuse of cards or accounts.
Additional Account Agreements.
Account Alert Service. You may sign up online for text or email alerts (the “Account Alert Service”) to the mobile device or email address provided by you. To sign up for and receive text or email alerts, you must provide and maintain a valid and current Internet email address or valid mobile device phone number. You agree to notify us of changes to your email address or mobile phone number to ensure you can continue to receive alerts from the Account Alert Service, and you are responsible for and must provide all telephone and other equipment, software and services necessary to receive the Account Alert Service. We are not responsible for losses arising from your failure to update your address or mobile phone number with us or the Agency. You can set up alert messaging options online at www.bankofamerica.com/nycsdebitcard.
After signing up for the Account Alert Service, you must respond with an appropriate code to an alert sent to your mobile device (double opt-in) in order to begin receiving text message alerts. If you do not respond with the code provided in the alert, the Account Alert Service will not be provided to you. You also acknowledge that alerts will not be encrypted, and you agree to receive alerts that may include confidential information pertaining to you and your Card or Account, such as the last four digits of the Card for which the alert is sent. To change your alert messaging options or to discontinue the Account Alert Service, go to www.bankofamerica.com/nycsdebitcard.
If you sign up for the Account Alert Service, you agree that we may send you text alerts through your wireless service provider. We do not charge for the Account Alert Service, but you are responsible for all charges and fees associated with usage of email or text messages imposed by your Internet, wireless, or cellular service provider(s).
It is sometimes possible that your balance may not reflect your most recent transactions. We assume no responsibility if we display an incorrect balance through no fault of our own, including due to a delay in posting credits or debits to your Account.
You understand and agree that the information provided to you by email or text alert is provided “as is” without warranty of any kind, either expressed or implied, and that we assume no responsibility for the timeliness, deletion, misdelivery, errors in the content of any email or text alerts or failure to store any user communications or personalization settings. In no event shall we be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or provision of this information.
We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Account Alert Service (or any part thereof) with or without notice.
Refunds and Merchant Disputes. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree that the refund may be sent by the merchant to your Card where it will appear as a credit. You must settle any disputes you have about the goods or services directly with the merchant. We are not liable for any misrepresentations that a merchant makes about the goods or services you purchase with your Card, or if a merchant for any reason refuses to accept your Card or fails to abide by the applicable network rules governing your Card.
Account Activity. We will record activity on your Account, and that information is available to you as described in Section 7. We may make adjustments to your Account activity and balance so that it is accurate and it properly reflects all credits, debits, fees and transactions after they are finally settled even if your Account is closed. If we determine that information in your Account history is incorrect, we may adjust your Account to correct it.
Legal Transactions. You agree that you will only use your Account and Card for purposes and transactions that are legal where they are conducted. For example, Internet gambling transactions may be illegal in your state. Display of a Mastercard or other logo by an on-line merchant does not mean that the transaction is legal where you conduct it. You agree that we may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge your Account and we are not liable to you if you engage in an illegal transaction.
ATM Safety. Please refer to the safety tips for using your Card at ATMs found on the mailer that came with your Card.
Your Responsibility for Authorized Card Account Use and Negative Balances.
Use of Your Card and PIN. Your Card and PIN are provided for your use and protection, and you will:
a. Not disclose your PIN or record it on your Card or otherwise make it available to anyone else;
b. Keep your Card in a safe place;
c. Use your Card, your PIN and any ATM only as instructed;
d. Promptly notify us of any loss or theft of your Card or PIN; and
e. Be liable for the authorized or permitted use of your Card and PIN.
Authorized Use of Card. If you authorize someone else to use your Card, Account or PIN, you will be responsible for any transactions initiated by such person(s) with your Card, Account or PIN. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use your Card, Account or PIN.
Negative Balances. The balance in your Account will be reduced by the amount of your transactions plus applicable fees. There is no overdraft/credit feature on your Account. You are not allowed to make a transaction that exceeds the available balance in your Account. If there are insufficient or unavailable funds in the Account to cover the transaction amount, the transaction will generally be declined. However, your Account balance may become negative under certain circumstances, such as through the reversal of account credits If a negative balance does occur in your Account, and thereafter you receive any benefit payments or other additions to your Account, we can apply those newly deposited amounts to the negative balance in order to reduce or pay it off. At any time, we may demand you pay the amount of the negative balance to us.
Fee Disclosure. Bank fees associated with your Card and Account are listed in the Fee Disclosure. These fees are imposed by us and retained by us. We may waive fees or portions of fees in our discretion but we are not required to do so. When you use an ATM not owned by us, you may also be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Payment of Fees by You. You agree to pay all fees listed in the Fee Disclosure. Fees will be taken from the balance of your Account as they occur. The Agency may not charge you any fees in connection with your Card or your Account.
Foreign Transactions/Fees. If you use your Card to purchase goods or services in a foreign currency or in U.S. dollars with a foreign merchant or to obtain currency from an ATM or an office of a financial institution in a foreign country (a “Foreign Transaction”), we will assess a fee (an “International Transaction Fee”). Please note that Foreign Transactions include internet transactions made in the U.S. but with a foreign merchant. If the Foreign Transaction is made in U.S. dollars, the International Transaction Fee will be the percentage of that U.S. dollar amount as disclosed in the Fee Disclosure. If the Foreign Transaction is made in a foreign currency, Mastercard will convert the transaction into a U.S. dollar amount, and the International Transaction Fee will be the percentage of that converted U.S. dollar amount as disclosed in the Fee Disclosure. Any International Transaction Fee will be shown in the transaction section of your monthly Account statement or in your Account history. The currency conversion rate used by Mastercard will be either (1) a wholesale market rate selected by Mastercard, or (2) a government-mandated rate. The rate used by Mastercard on the processing date may differ from the rate on the date of your transaction.
Obtaining Account Information, Statements and Notices.
a. Terminal Receipts. You can usually get a receipt at the time you make any transaction with your Card. You may not get a receipt if the amount of the transaction is $15 or less, or depending on the practice of the merchant or person accepting your Card. If the receipt and our records conflict, our records will govern.
b. Verifying Credits. You can call the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.), to find out whether or not a deposit has been made.
c. Delivery of Statements, Documents and Notices. We sometimes will communicate with you by mail about your Account or your Card, including in situations where the law requires us to do so. We may also send notices or communications by email, such as to notify you of the availability of monthly statements online. You agree to monitor mail, and email if you have provided your email address to the Agency or us, so that you can review our communications with you. We also will post certain documents or information, such as transaction history and statements, online at www.bankofamerica.com/nycsdebitcard, but we will not maintain posted material beyond the time required by law or would be a reasonable time.
d. Account Statements and Information. You may obtain information about the balance in your Account by calling the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). That information is also available by making a balance inquiry at an ATM.
We create an Account statement monthly for every month in which your Account is open. The statement will include information about the transactions you made, deposits, fees and adjustments to your Account. Your monthly Account statements are available to you online at www.bankofamerica.com/nycsdebitcard. If you have provided your email address to the Agency or us, we generally will send you an email notifying you whenever a new monthly Account statement is available. You can also choose to receive monthly Account statements by mail. If you have not already notified the Service Center of your wish to receive monthly Account statements by mail, or you currently receive statements by mail and wish to change your preference, please contact the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). You will not receive your Account statements by mail unless you make that request to the Service Center.
A 12-month Account history is also available to you online at www.bankofamerica.com/nycsdebitcard.
You also have the right to obtain a 24-month written history of Account transactions by calling the Service Center at 1.844.323.7637, 11.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.). You will not be charged a fee for this.
e. Prompt Review of Account Information. You agree to promptly review your Account information, statements, and transaction histories and to notify the Service Center at the address or phone number above at once if any Account information shows any error or transaction that you did not make or authorize or if you believe there has been an error in our accounting. There are deadlines by which you must notify us of any error or dispute any transaction shown on your Account history. Sections 11, 12, and 13 below have more specific information about disputing transactions, fees, or errors.
Claims By OTDA Or Third Parties Against Your Account.
Claims or Disputes by OTDA or Third Parties Concerning Your Account. If OTDA or a third party makes a claim against funds in your Account, or if we have reason to believe there is or may be a dispute over matters such as the ownership of your Account or the authority to withdraw funds, we may, in our sole discretion and in accordance with applicable state or federal law (a) continue to rely on enrollment information or other Account documents or information about your Account, (b) honor the competing claim upon receipt of evidence (or any court or administrative order) we deem satisfactory to justify such action, (c) freeze all or part of the funds until the dispute is resolved to our satisfaction, (d) pay the funds into an appropriate court of law for resolution, or (e) follow the written instructions of all interested persons, including you. We may take any of these actions even if your Account is closed.
Liens and Attachments. Following receipt by us of any notice of lien, process in attachment, garnishment or other proceeding relating to you or your Account, we are authorized, without notice to you, unless otherwise required by law, to withhold transfer of so much of the balance of your Account as may be the subject of such notice or process, and to pay such amount to the court or creditor, in accordance with applicable state or federal law without responsibility to you for such withholding or payment or for refusal to honor transfers made by you. We may take any of these actions even if your Account is closed.
Bank of America's “Zero Liability” Policy for Unauthorized Transactions.
Federal law (described in the section below entitled “Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or Unauthorized Transactions”) may limit your liability for unauthorized transactions on your Account, but you may still be liable in some circumstances. Under our “zero liability” policy, you may incur no liability for unauthorized use of your Card up to the amount of the unauthorized transaction, including any associated fees, provided you notify us within a reasonable time of the loss or theft of your Card, Card number or PIN or its unauthorized use. The policy is subject to the following terms and conditions:
How to Use this Protection. To take advantage of the policy, you must contact us to assert an unauthorized transaction claim, using the procedure summarized in Section 13 below.
Excluded Transactions. Our zero liability policy does not apply to any unauthorized electronic fund transfer on an account which does not involve use of a Card or Card number.
“Unauthorized” Defined. A transaction is considered “unauthorized” if it is initiated by someone other than you (the cardholder) without your actual or apparent authority, and you receive no benefit from the transaction. A transaction is not considered “unauthorized” if (1) you furnish your Card, Card number or other identifying information to another person and expressly or implicitly give that individual authority to perform one or more transactions, and the person then exceeds that authority, or (2) for any other reason we conclude that the facts and circumstances do not reasonably support a claim of unauthorized use.
“Reasonable” Time Defined. Reasonable time will be determined in our sole discretion based on the circumstances but will not be less than the time frames specified under the Electronic Fund Transfer Actor Regulation E (see Section 12 below).
Other Considerations. We may ask you for a written statement, affidavit or other information necessary to support your claim under this policy. We may deny you the benefit of this policy (1) if you do not provide the requested materials within the time requested or within a reasonable time if no date is stated, and we have no knowledge of the facts or other documentation to further investigate or confirm your claim, or (2) under any other unusual circumstances where we believe denial is appropriate.
Limitation of Our Liability Under This Policy. Our liability under this policy is limited to reimbursing you for the amount of your loss up to the face amount of any unauthorized card transaction, including any associated fees, covered by this policy. We are not liable for any claims, losses or damages that arise out of your misuse of the Card. We are not liable for any claims of special, indirect or consequential damages.
Your rights Under Federal Law. If your unauthorized transaction claim does not meet the prescribed conditions for reimbursement under our zero liability policy, you still retain any consumer rights you may have under the federal law known as the Electronic Funds Transfer Act and Regulation E. We generally describe those rights in Sections 12 and 13 below, but those Sections are federal disclosures and do not create any rights different from federal law. We will automatically examine any unauthorized transaction claim you make in accordance with your rights under federal laws.
Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or Unauthorized Transfers.
Contact Us Promptly. Please contact the Service Center at the numbers listed below AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your Card or Account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your monthly Account statement or your Account history shows transfers that you did not make, including those made by your Card, Card number, PIN or other means, tell us at once. If you receive a monthly Account statement by mail and you do not tell us within 60 days after the statement was mailed 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 you do not receive a monthly Account statement by mail and do not tell us within 120 days after the transfer or transaction was credited or debited to your Account, you may not get back any money you lost after the 120 day period 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 in time, we will extend the time periods.
If you believe your Card or PIN has been lost or stolen, call the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.) or write to: Bank of America, P.O. Box 8488, Gray, TN 37615-8488.
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or Account without your permission.
NOTE: These liability rules are established by the Electronic Funds Transfer Act and Regulation E. Our zero liability policy, as described in Section 9 above, regarding unauthorized transactions may give you more protection, provided you report the transactions promptly. You should also note that when you give someone your Card or PIN, you are authorizing that person to use your Card and access your Account, and that you are responsible for all transactions that person performs with your Card or PIN. These transactions are authorized transactions. Transactions are considered unauthorized only after you notify us that the person is no longer authorized. Remember, do not write your PIN on your Card or carry your PIN with you. This reduces the possibility of someone using your Card without your permission if it is lost or stolen.
Regulation E Disclosure: Resolving Errors On Your Account.
In case of errors or questions about your transfers, call the Service Center at: 1.844.323.7637; 1.866.656.5913 TTY; 423.262.1650 (Collect, when calling outside the U.S.). Or write to:
Bank of America
P.O. Box 8488
Gray, TN 37615-8488
Deadlines and What You Need to Do. Call or write as soon as you can if you think your monthly Account statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the error appeared. If you do not receive monthly Account statements by mail, we must hear from you no later than 120 days after the transfer allegedly in error was credited or debited to your Account. You may request a written history of your transactions at any time by calling the Service Center at: 1.844.323.7637; 1.866.656.5913 TTY; 423.262.1650 (Collect, when calling outside the U.S.) or writing us at the above address.
You will need to tell us:
a. Your name and Card number.
b. Why you believe there is an error, and the dollar amount involved.
c. Approximately when the error took place.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.
When You Will Hear From Us. We will determine whether an error occurred within 10 business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 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 10 business days, we may not credit your Account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. 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 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. If you need more information about our error-resolution procedures, call or write to the Service Center using the contact information listed above.
Our Liability For Failure To Complete Transactions.
The following descriptions of our liability to you is a summary, and may vary depending on applicable law.
If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages to the extent legally required.
However, there are some exceptions. We ordinarily will not be liable, for instance:
- If, through no fault of ours, you do not have enough available money in your Account to make the transaction;
- If the ATM where you are making the transaction does not have enough cash;
- If the ATM, terminal or system was networking properly and you knew about the breakdown when you started the transaction;
- If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken;
- If your Card or PIN has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with the Card or PIN;
- If your Account is subject to some legal process, right of setoff or encumbrance restricting the transaction, or if your Card or Account is frozen, blocked, or otherwise restricted from use, or if the funds in your Account are not immediately available for completing a transaction;
- There may be other exceptions stated in our Agreement with you.
Contact us if you think we failed to complete a transaction for you, and we will evaluate it as required and also determine if it is within one of these exceptions.
Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here's how:
Call the Service Center at 1.844.323.7637, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.), or write us at: Bank of America, P.O. Box 8488, Gray, TN 37615-8488, in time for us to receive your request three business days or more before the payment is scheduled to be made. 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.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.
Our Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
As part of establishing your Account, you received with your Card a copy of the Prepaid Card Privacy Notice which generally addresses our policy for handling and disclosing information for your Card. You may view our Prepaid Card Privacy Notice at www.bankofamerica.com/prepaidprivacy. With respect to any information we collect from you as a result of your Account, we may share information related to your Account, from time to time, pursuant to the terms of our Prepaid Card Privacy Notice and this Agreement and subject to any applicable financial privacy laws or other laws or regulations, including, for example, (a) where it is necessary for completing transactions; (b) in response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance; (c) in connection with collection of indebtedness or to report losses incurred by us; (d) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (e) in connection with potential sales of businesses or transfer of your Account as permitted by the Agreement; (f) to service providers who help us meet your needs by assisting us in providing the services under this Agreement; or (g) if you give us your written permission. Because the Account is provided to you in connection with benefits you receive from the State of New York, you agree and authorize us to provide information related to your Account to OTDA in order to facilitate the proper functioning of the benefits program and to prevent and mitigate actual or potential fraud.
Recording and Monitoring Telephone Calls.
We may record or monitor telephone calls between you and us. We need not remind you of our recording or monitoring before each call unless required to do so by law.
Consent to Calls and Text Messages. We may call you or send you text messages for informational or other purposes. By using or allowing another to use your Account or Card, you consent and authorize us to call you or send you text messages by any means, including by automatic telephone dialing system or other technology, at any telephone numbers you have provided to the Agency or to us. You may revoke this consent and authorization at any time, by contacting our Service Center.
We may, at any time, change the terms and conditions in this Agreement, including the amount of any fee. We may add new terms and conditions and we may delete or amend existing terms and conditions. If you do not agree with a change, you will need to close your Account. However, if you continue to use your Card or Account, or keep your Account open after the change becomes effective, you accept and agree to the change.
Except as otherwise provided by this paragraph or law, we generally will send you advance notice of a change in this Agreement or the Fee Disclosure and when the change becomes effective. If notice or advance notice is not required by law, such as when a change is not adverse to you, we may make the change at any time with or without notice.
Closing Your Account.
Our Closure of Your Account. We may close your Account at any time, which means you will no longer be able to use your Card and you will no longer be able to access the funds in your Account or to conduct transactions as you normally would. If we close your Account, we may, at our option, apply the remaining balance to a new account for your benefit or we may maintain the remaining balance in an account that we continue to hold and which will be subject to this Agreement. You may contact the Service Center to request a check for any remaining balance after we process outstanding transaction, less the Paper Check Fee. We may withhold the remaining balance and return those funds to OTDA or treat them as unclaimed property if we suspect suspicious activity on your Account, or that you may not be entitled to the funds, or if permitted by this Agreement or by law. This Agreement continues to govern matters related to your Account and the remaining balance even after your Account is closed.
Your Right to Close of Your Account. You may close your Account at any time, by contacting the Service Center. Once your Account has been closed, you will no longer be able to use your Card and you will no longer be able to access the funds in your Account or to conduct transactions as you normally would. If you close your Account and are still receiving OTDA benefits, you will have to contact OTDA about how to obtain any future benefits. You can contact the Service Center to request a check for any remaining balance after we process outstanding transactions, less the Paper Check Fee, or request an Emergency Cash Transfer. You understand that you are responsible for negative balances that occur after you notify us of your intent to close your Account to the same extent as provided in this Agreement for an open Account. We may withhold the remaining balance and return those funds to OTDA or treat them as unclaimed property if we suspect suspicious activity on your Account, or that you may not be entitled to the funds, or if permitted by this Agreement or by law. This Agreement continues to govern matters related to your Account and the remaining balance even after your Account is closed.
Remaining Balance. We may return remaining balance funds to the Agency based on information about your entitlement provided to us by the Agency or on other information that we rely upon reasonably and in good faith. If we send any remaining funds balance to the Agency, you must contact the Agency to reclaim your funds.
Any remaining unclaimed balance will be reported and remitted as unclaimed property to the appropriate state as required by state law after a period of time defined by that state's law. We may return the funds to the state under this process even if your Account is closed. After we turn the funds over to the state, we have no further liability to you for the funds and you must apply to the appropriate state authority to reclaim your funds.
This Agreement will be governed by the laws and regulations of the U.S. and, to the extent not so covered, by the laws and regulations of the State of North Carolina (without giving effect to conflict of law principles that may cause the law of another state to apply). A determination that any part of this Agreement is invalid or unenforceable under particular circumstances will not affect the remainder of this Agreement or the validity and enforceability of that part under other circumstances. If any part of this Agreement is inconsistent with any applicable law, then you and we agree to follow the Agreement terms to the fullest extent applicable law can be waived or amended by contract.
English Documents Controlling.
As a service and at your request, we may communicate certain information to you in a language other than English. If we do that, your legal rights and duties and our legal rights and duties still will be based on the English versions of this Agreement and the Fee Disclosure and any other written communication we have with you or send to you. Communicating in a language other than English, in writing or verbally, does not create any duty on our part to continue to do so, except as required by applicable law.
Fee Disclosure and Other Important Disclosures.
A copy of our Fee Disclosure and Other Important Disclosures is included with, and incorporated in, this Agreement. The Fee Disclosure may change, and the new Fee Disclosure shall govern. The current version of the Fee Disclosure is available via the Internet at www.bankofamerica.com/nycsdebitcard or by calling the Service Center.