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Co-Address Information

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Home Acceptance Corporation (the “Creditor”) is located at 1061 N. Kraemer Place, Suite G, Anaheim, CA 92806. All California Loans are made and/or arranged pursuant to Home Acceptance Corporation’s California Department of Financial Protection & Innovation Finance Lenders License #6030746.

I or we if there is a co-applicant (the “Applicant” or “I”) acknowledge that by clicking the box below, “I Accept & Agree with the Authorization, Disclosures, Terms and Conditions and the Arbitration Provision” (contained in this website link), I am indicating my intent to sign this Credit Application and that this shall constitute my/our signature. I acknowledge that I have viewed, read and agreed with the “Authorization, Disclosures, Terms and Conditions and the Arbitration Provision” (contained in this website link) before signing this completed Credit Application; and, I have signed this completed Credit Application with one or more electronic signatures and my electronic signature has the same effect as my written ink signature. The Creditor (including any assignee, transferee, or successor of the Creditor) may rely on this authorization as if I had personally signed this completed Credit Application.
 
 
AGREEMENT TO ARBITRATE (If You Check the Box): You (the “Applicant”) agree and accept the Arbitration Provision (contained in this website link), the Applicant or We may elect to resolve any dispute by neutral, binding arbitration and not by a court action (except, for a small claims court action). See the Arbitration Provision for additional information concerning the agreement to arbitrate.


Pursuant to Section 22304.5 of the California Financial Code the following is a website link to a California Department of Business Oversight’s approved Credit Education Program. FDIC Money Smart for Adults: https://www.fdic.gov/consumers/consumer/moneysmart/adult.html.

The above referenced Credit Education Program is provided for general guidance and information. It is not intended as, nor should it be construed to be, legal, financial or other professional advice. Please consult with your attorney or financial advisor to discuss any legal or financial issues involved with credit decisions.

 
By clicking on the adjacent box. The Applicant hereby acknowledges receipt & access to the above referenced Credit Education Program website link.


AUTHORIZATION, DISCLOSURES, TERMS AND CONDITIONS AND THE ARBITRATION PROVISION

APPLICANT and CO-JOINT APPLICANT REPRESENTATIONS, WARRANTIES, AUTHORIZATIONS AND INTENT TO APPLY FOR CREDIT, TO RELEASE CREDIT INFORMATION, EMPLOYMENT & CONTACT INFORMATION: By applying for this credit for a Loan, I (the “Applicant”) am asking the Creditor approve me for the Loan amount requested, and I agree that: I have provided all of the information, including all of my personal information (hereinafter “Information”) entered into the credit application to the Creditor to complete my credit application submitted to the Creditor and also allow it to be submitted to any assignee, transferee, or successor (“Assignee”) of the Creditor. I also provide my consent for the Creditor to provide Information about me (even if my application is declined) to Creditor and any Assignee of Creditor, in order to create, update and maintain their records, and provide me with offers of future services and special offers by mail, text or email using the Information I have provided. The Creditor (including any Assignee) of the Creditor, may obtain Information from others about me (including requesting reports from consumer reporting agencies and other sources) to evaluate my application, and to review, maintain or collect on my Loan account or other accounts I may have with Creditor or any Assignee. I authorize and consent for all banks, credit bureaus, creditors, employers, references and any and all other persons and information sources to provide and release to the Creditor or its Assignee any and all Information concerning my credit, financial, employment and contact information. In addition, I hereby authorize and consent for the Creditor or any Assignee of the Creditor to use, store and retrieve any and all Information I have submitted and/or provided to the Creditor and/or the Assignee of the Creditor for any and all future use and/or purposes approved and authorized by me herein or in my Loan agreement entered into with the Creditor and/or its Assignee. I have received, read and agree to the terms and other authorizations and disclosures in this credit application. State and federal law requires the Creditor to obtain, verify and record Information that identifies me when I enter into a Loan agreement. The Creditor will use my name, address, date of birth, and other Information for all the purposes stated above. If I apply with a Co-Applicant, each of us will be jointly and individually responsible for obligations under the Loan agreement. Each Applicant consents that, upon denial of the application, based upon a consumer report or Information received from a person other than a consumer reporting agency, the Creditor may make appropriate Fair Credit Reporting disclosures to all Applicants. I certify, represent and warrant that all of the Information disclosed in the submitted Credit Application is true, correct, complete and accurate to the best of my knowledge; and I have no knowledge that will render that Information untrue in the future. I agree and acknowledge that Creditor may rely on the Information disclosed in the Credit Application and the Information is material to the Creditor’s decision with respect to granting or denying my Credit Application to enter into a Loan Agreement Contract. Upon request I will provide the Creditor with documents and other information necessary to verify any and all items of Information contained in my Credit Application. I agree and acknowledge that by providing my name, social security number or tax payer identification number, birth date and/or other Identifying Information in the Credit Application Information, whether I have personally filled out the Credit Application and checked the “I (the Applicant”) accept” box or authorized another party to do so, I confirm my intent to apply for credit, to sign this Credit Application and to provide the authorizations given above and confirm the validity of my signature. I acknowledge that I can obtain a copy of my Credit Application and this AUTHORIZATION, DISCLOSURES, TERMS AND CONDITIONS AND THE ARBITRATION PROVISION form through the link that will be emailed or texted to me or by calling the Creditor or by calling 1-800-413-4422.

ARBITRATION PROVISION (DISPUTE RESOLUTION): If You (the “Applicant”) are not satisfied with the resolution the Creditor or any Assignee (hereinafter individually and collectively the “Creditor”) has offered You, the Creditor invites You to let Us know. We hope to be able to resolve any and all disputes without the need for time-consuming and costly legal process. Most Applicant’s concerns can be resolved quickly and to the Applicant's satisfaction by calling Our customer service department at 800-413-4422.
BY APPLYING FOR A LOAN, YOU (the “APPLICANT”) AGREE TO THE TERMS OF THIS ARBITRATION PROVISION (HEREIN BELOW), INCLUDING THE CLASS ACTION WAIVER DESCRIBED IN SECTIONS 1.1 AND 1.2, SUBSECTIONS (1) AND (6), BELOW, FOR RESOLVING DISPUTES. PLEASE READ THIS ARBITRATION PROVISION BELOW CAREFULLY TO ENSURE THAT YOU UNDERSTAND THIS PROVISION. THIS ARBITRATION PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. ANY DISAGREEMENT ABOUT THIS ARBITRATION PROVISION’S MEANING, APPLICATION, OR ENFORCEMENT IS SUBJECT TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, AS DESCRIBED BELOW.

ARBITRATION PROVISION:
1.0 HOW DO I RESOLVE DISPUTES WITH THE CREDITOR, or any Assignee, Transferee, or Successor of Creditor (hereinafter collectively also referred to as We, Us, and Our).
1.1 Dispute Resolution By Binding Arbitration. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Summary: In the unlikely event that Our customer service department is unable to resolve a concern or question You may have over the phone, mail or on Our website (or if We have not been able to resolve a dispute We have with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction, unless such action is transferred or removed to a different court . Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted . For any non-frivolous claim that does not exceed $5,000, We will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from Us to at least the same extent as You would be in court. In addition, under certain circumstances (as explained below), We will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) one and a half times the amount of his or her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what We have offered You to settle the dispute.
1.2 Arbitration Agreement.
(1) We and You agree to arbitrate all disputes and claims between us with the American Arbitration Association (“AAA”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.
References to “Creditor”, “Lender”, “We”, “You”, “Our”, “Borrower”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Your credit approved under this or any prior Credit Applications You submitted to Us. Notwithstanding the foregoing, either party may bring an individual action in small claims court, unless such action is transferred or removed to a different court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Us on Your behalf. You agree that, by entering into this Arbitration Agreement, You and We are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) stating specifically in detail what their dispute claim involves. The Notice to Us should be addressed to: HOME ACCEPTANCE CORPORATION Attn: Dispute Resolution, 1061 N. Kraemer Place, Anaheim, CA 92806 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after the Notice of Dispute form is received by the non-disputing Party, You or We may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Us or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or We are entitled.
(3) Forms: You may download or copy a Consumer Demand for Arbitration Form (Consumer_Demand_for_Arbitraion_Form_3.pdf) at https://www.adr.org. The document is a PDF file. You may also file by mail at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite, Suite 100, Voorhees, NJ 080433. After We receive notice at the Notice Address that You have commenced arbitration, We will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $5,000. (The individual Consumer filing fee before a single arbitrator currently is capped at $200, but is subject to change by the arbitration provider. If You are unable to pay this fee, We will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules and any Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers, about the arbitration process at www.adr.org) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless We and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $5,000 or less, We agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse Us for all monies previously disbursed by Us that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $5,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of Our last written settlement offer made before an arbitrator was selected, then We will:
  • pay You the amount of the award or $7,500 (“the alternative payment”), whichever is greater; and
  • pay Your attorney, if any, one and a half times the amount of the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration (“the attorney premium”).
If We did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
If during the arbitration proceeding and prior to the arbitrator issuing a decision or an award, We and You agree to a acceptable new settlement of the dispute between us, then the arbitration proceeding shall cease and the new settlement reached between us shall prevail and be enforced and the arbitration proceeding shall be terminated.
(5) The right to attorneys' fees and expenses discussed in paragraph 4 supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Under applicable law, We may also have a right to an award of attorneys' fees and expenses against You if We prevail in an arbitration.
(6) The arbitrator may award declaratory or 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. This includes all injunctive remedies available in an individual lawsuit under California law. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any part of this arbitration provision, other than the waiver of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.
(7) Notwithstanding any provision in the above arbitration provisions to the contrary, You and We agree that if We make any future change to these arbitration provisions (other than a change to the Notice Address) during the term of any of Your Loan agreement(s) with Us, You may reject any such change by sending Us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Arbitration Provision. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. This Arbitration Provision shall survive any termination, payoff or transfer of any of Your applications and/or Loan agreement(s) with Us.

EQUAL CREDIT OPPORTUNITY ACT DISCLOSURE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex (including pregnancy, sexual orientation, or gender identity), marital status, disability, genetic information, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission, Equal Credit Opportunity, 600 Pennsylvania Ave., NW, Washington, DC 20580. We are required to disclose to you that you need not disclose income from alimony, child support or separate maintenance payment if you choose not to do so. Having made this disclosure to you, we are permitted to inquire if any of the income shown on your application is derived from such a source and to consider the likelihood of consistent payment as we do with any income on which you are relying to qualify for the loan for which you are applying.