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Electronic Communications Agreement
Please read this Electronic Communications Agreement ("eCommunications Agreement")
thoroughly—it contains important information about your legal rights.
This eCommunications Agreement covers your credit card account and related services with
Capital One Financial Corporation and its affiliates (“Capital One,” “we,” “us,” and “our”)
accessible, either currently or in the future, through online banking (whether accessed through a
personal computer, mobile device, or other technology), our websites, or other electronic means
(all together, “Digital Channels”). The words “I,” “you,” and “your” mean each account holder,
product owner, and/or service user identified on an account, or related service.
Your Legal Rights
Certain laws and regulations require us to provide specific information ("Communications") to
you in writing, which means you have a right to receive that information on paper. We may
provide such information to you electronically if we first present this eCommunications
Agreement and obtain your consent to receive it electronically. Your consent will also apply to
any other person named on your accounts and related services, subject to applicable law. Since
online banking and other Capital One websites include some of this information, you may
consent to this eCommunications Agreement as part of these services.
At times, we may still present you with paper disclosures or other documents that contain
important information about your accounts and related services and you should continue to
review any paper correspondence that we mail to you. Any communications that Capital One
determines, in its sole discretion, that you should receive in paper rather than electronic form
will be mailed to the primary address in our records or otherwise delivered as required by law or
any additional agreement. Such mailing or other delivery shall constitute delivery of the
communications.
By consenting to this eCommunications Agreement, you agree that you have or have access to
equipment that meets the hardware and software requirements described below to enable you
to sign in and use online banking and to access and retain your statements, documents, and
disclosures electronically. If, in the future, you no longer have or have access to equipment that
meets our hardware and software requirements, which we describe in the Section below titled
“Hardware and Software Requirements,” please contact us at 1-877-383-4802 to unenroll from
receiving electronic communications. We reserve the right to cancel your participation in
electronic communications at any time.
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By consenting to this eCommunications Agreement, you also agree that you have read,
understood, and agree to be bound by the terms and conditions described in this
eCommunications Agreement. You agree that your consent does not automatically expire and is
not limited in duration. You acknowledge that Capital One may terminate access to an account
or related service as permitted in the terms governing the account or related service.
If your account is closed or access to the related service is terminated, you may not be able to
access any Communications we have provided in electronic form. Accordingly, if your account is
closed or access to the related service is terminated, we may send Communications to you in
paper form even if you previously elected to receive such materials electronically.
Types of Communications - Statements
By consenting, you are electing to receive your account statements electronically through Digital
Channels, and you are consenting to receive your account statements, and notices concerning
the availability of your account statements, at any time during the day or night. You are also
agreeing that we will not be liable for damages or other liability for the time of day any
statements or related notices are sent or received. Such electronic statements may contain
other related electronic disclosures such as your annual privacy notice and notices of changes in
terms regarding products and services, which are otherwise required to be provided in paper
form, depending on the product that you have. Your electronic statements will be available to
review at intervals in accordance with your existing statement cycle date. While enrolled, your
electronic statements will be available for 18 months or more.
Types of Communications - Other Communications
By consenting, you are also electing to receive other Communications electronically through
Digital
Channels, and you are consenting to receive these Communications at any time during
the day or night. You are also agreeing that we will not be liable for damages or other liability
for the time of day any Communications are sent or received. These Other Communications may
include agreements, disclosures, notices
, alerts, and other information and communications
regarding your account or any related service, the use of any other Capital One services, your
relationship with us, and/or other programs, products or services that are or may be in the
future made available to you. Other Communications may also include, but are not limited to:
●
This eCommunications Agreement and any updates
●
Other service or user agreements for online access, all updates to these agreements and
all disclosures, notices and other communications regarding Digital Channels and
transactions you make within Digital Channels
●
Disclosures, agreements, notices, and other information related to the opening or
initiation of an account or any related service including, but not limited to, account
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agreements, fee schedules, or other disclosures or notices that may be required by the
Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit
Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, or other
applicable federal or state laws and regulations
●
Important disclosures and notices relating to the maintenance or operation of an
account or any related service including, but not limited to account information, account
activity, account inactivity, payments made or due, or other statements, disclosures or
notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act,
Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the
Gramm Leach Bliley Act, or other applicable federal or state laws and regulations
●
Any notice or disclosure regarding an account or any related service fee, including, but
not limited to, late fees, and overlimit fees
●
Any notice of the addition of new terms and conditions or the deletion or amendment of
existing terms and conditions applicable to an account or any related service you obtain
from us that may be required by the Truth in Savings Act, Electronic Fund Transfer Act,
Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the
Gramm Leach Bliley Act, or other applicable federal or state laws and regulations
●
Our Privacy Notice and other privacy statements or notices (by posting such notices on
our website)
●
Certain tax statements or notices that we are legally required to provide to you, such as
1099 forms
●
Certain information or forms that we request from you and ask you to submit
electronically, such as signature cards, W-9s, or other agreements.
Hardware and Software Requirements
To access and retain the information subject to this consent, you must have or have access to
equipment that meets the hardware and software requirements:
●
Either the Windows operating system or Macintosh OS X.
●
Internet access and an Internet browser that supports HTML 4.0, TLS 1.2 encryption,
Cookies and JavaScript.
●
For Windows users we suggest using the latest version of one of the following free web
browsers:
●
Microsoft Internet Explorer
●
Mozilla Firefox
●
Google Chrome
●
For Macintosh users we suggest using the latest version of one of the following web
browsers:
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Apple Safari
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Mozilla Firefox
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Google Chrome
Certain older web browsers may not be supported by Capital One. If you are using an outdated
version, you may need to update it in order to access your account or any related service online.
If you are unsure whether your computer or web browser meets our suggested system
requirements, please visit
https://www.capitalone.com/support-center/browser-support/
for
more information.
Statements and certain Other Communications may be available in PDF format only. You will
need a program that accurately reads and displays PDF files (such as Adobe® Reader®). If you do
not have Adobe® Reader® you can download it at no charge from the following link
https://get.adobe.com/reader/
(Note that by clicking the link, you will be taken to a third-party
site not managed by Capital One. As a result, different security or privacy practices may apply.
We do not endorse, recommend or guarantee any products or services contained at the linked
page.) You agree that you have provided Capital One with a valid e-mail address and can access,
download, and print PDF files.
To print statements or Other Communications you must have a printer connected to your
computer. To download statements or Other Communications, if available, you must have
sufficient hard-drive space to store the relevant materials.
If there is a change in the hardware or software requirements needed to access or retain
electronic records, and such change creates a material risk that you will not be able to access or
retain subsequent electronic records subject to your consent granted by this eCommunications
Agreement, we will provide you with a statement of the revised hardware and software
requirements for access to and retention of electronic records, as permitted by the
eCommunications Agreement. You will have the right to withdraw consent as permitted under
this eCommunications Agreement.
How to Withdraw Your Consent
You can withdraw your consent to receiving your statement electronically, with no cost to you,
online or by phone. To do so, sign in to online banking or other Digital Channels to update your
settings or call Customer Service at 1-877-383-4802. Your withdrawal of consent is effective only
after you have communicated your withdrawal to Capital One as described above and Capital
One has had a reasonable period of time to act upon your withdrawal. Such withdrawal of
consent will only apply to those communications that are required by law or regulation to be
provided to you in paper form. We may continue to deliver to you in electronic format all other
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communications. Your consent shall remain in force until withdrawn in the manner provided in
this section.
Consent Coverage; Certain Notices from You Are Not Covered.
You may be required, by contract or applicable law, to give us notice in writing. Your consent
here does not relate to those notices, and you must still provide them to us on paper.
Additionally, this eCommunications Agreement does not apply to the following:
●
Any notice of default, acceleration, repossession, foreclosure, or eviction, or the right to
cure or reinstate or redeem under a credit agreement secured by your primary residence
●
Any transactions subject to Uniform Commercial Code, other than sections 1-107 and 1-
206 and Articles 2 and 2A
●
Any other communications that Capital One determines, in its sole discretion, that you
should receive in paper rather than electronic form, including offers of products and
services
Obtaining Copies of Electronic Communications.
We recommend that you print or download a copy of this eCommunications Agreement,
statements, and all Other Communications to retain for your permanent records.
You may print or make a copy of electronic statements or Communications by using the "Print"
button (or otherwise using your printing functionality) or saving a copy. Do this when you first
review the Communications, because
we do not necessarily keep them all in a place that you can
subsequently access.
You may also call Customer Service at 1-877-383-4802 to request a paper
copy of your statements or other Communications. Be sure to specify your account or any
related service identification number, as applicable, the specific Communications for which you
are requesting a paper copy, and the address to which it should be mailed. We may charge fees
for paper copies of statements or Other Communications.
Updating Your Contact Information
As a courtesy, when your Statement is available online, we will attempt to send an email
notification to the address that we have on file. We also may send you an email notification
when you have a new Other Communication available for review. Alternatively, we may
communicate the Other Communications directly through email. You must open an email from
Capital One at least once over a twelve-month period or you may not continue to receive email
notifications. In the event that your email address or other contact information is changed, you
must notify Capital One of such changes immediately through online banking. It is your
responsibility to update any changes in your email address online, and we are not responsible if
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you do not receive a courtesy reminder. If you do not receive an email and believe you should
have, please verify your email address in online banking.
If you fail to update or change an incorrect email address or other contact information, you
understand and agree that any Statements or Other Communications shall nevertheless be
deemed to have been provided to you if they were made available to you in electronic form in
any Digital Channel or emailed to the email address we have for you in our records.
