Electronic Fund Transfer Authorization
ACH Authorization
In order to make the installment payments on your Loan, you voluntarily authorize Above Lending, Inc. or Cross River Bank (the “Lender,” as applicable, and also referred to as “us” or “we”), as identified in your Installment Loan Agreement (the “Loan Agreement”), or the Lender's respective servicers/service providers, successors and assigns and the servicers/service providers of their successors and assigns, to initiate certain ACH debit or credit transactions from or to the bank account (the “Bank Account”) that you provide to us during the application process or that you or your financial institution subsequently provide to us (collectively, "ACHs"). You also have the option to make your Loan payments by check or money. If you select to make payments by ACH, you may change or modify your payment selection or Bank Account or terminate this ACH Authorization at any time as further described below.
Authorization for Recurring ACHs
You authorize us to initiate recurring ACH debits from the Bank Account for:
- Each of the installment payments due under your Loan Agreement in the amounts and on or shortly after the dates set forth in the Payment Schedule provided in your Loan Agreement or as subsequently agreed to elsewhere, including any payment due on a non-business day, which will be processed on the following business day.
- The final installment payment due, which may vary based upon payment history (including early payments or extra payments) during the course of the Loan Agreement; and
- Any alternative amount(s) and/or on any alternative date(s) to which you and we subsequently agree.
Authorization to Vary the ACH Amount
You understand that you have the right to receive notice in advance of any recurring ACH that varies from the amount in your Payment Schedule or your most recent recurring ACH. To receive advance notice of all varying recurring ACHs, you may call us at (800) 201-2295 or e-mail at . You also understand that your scheduled installment payments set forth in the Payment Schedule may vary if you make early, late or extra payments or if you incur one or more fees under this Agreement. Unless you elect to receive advance notice of varying recurring ACH amounts in the manner described above: (1) you authorize us to vary the amount of the recurring ACH for the final installment payment set forth in the Payment Schedule to reflect any early, late or extra payments; and (2) you authorize us to add any fees that you incur under this Agreement to the EFT associated with your next scheduled installment payment. If a recurring ACH will vary by more than these amounts, we will send you notice at least ten (10) days in advance of the recurring ACH.
Optional Nature of Recurring ACH Authorization
Please note that you are not required to authorize us to initiate recurring ACHs for your installment payments in order to qualify for a Loan. You have the option make your installment payments by a method that does not involve recurring ACHs. You agree that making your installment payments by recurring ACHs is for your convenience only, and you understand that you can change your payment method at any time by calling us at (800) 201-2295 or e-mailing .
ACH Authorization for Your Loan Proceeds
- If the Loan Proceeds are being used to settle debts enrolled in a debt settlement or debt management program, then You authorize us to initiate, on or about the Expected Funding Date, an ACH credit (1) to your Dedicated Account with the proceeds of your Loan allocated to Debt Settlements in the amount indicated in the Itemization of Amount Financed as the "Amount paid to your Dedicated Account for your Debt Settlement Program" and, if applicable, (2) to your Bank Account with the proceeds of your Loan allocated to Additional Funds in the amount indicated in the Itemization of Amount Financed as the "Amount paid to Your Bank Account" in the Loan Agreement.
- If the Loan Proceeds are not being used to settle debts enrolled in a debt settlement or debt management program, then you authorize us to initiate an ACH credit to your Bank Account with the proceeds of your Loan on or about the Expected Funding Date and in the amount indicated in the Itemization of Amount Financed as the "Amount given to you directly" in the Loan Agreement.
Reinitiating Rejected Payments
In the event that an ACH or any other payment is rejected, you authorize us to reinitiate it up to two times. However, you agree that we are under no obligation to reinitiate any rejected ACH or other payments. You understand that your financial institution may impose fees in connection with rejected ACHs or other payments, and you agree that we do not have any liability to you for such fees. If you know that an ACH or other payment will be rejected (e.g., because there is not enough money in your Bank Account), you should contact us immediately so that alternate arrangements can be made.
Authorization for Payment of Fees; Combined Payments; Additional Payments
You authorize us to initiate a separate ACH debit from the Bank Account for any fee or charge due under the Agreement. Instead of or in addition to any ACH payments described herein, you authorize us to initiate ACH debits from, or credits to, the Bank Account, as applicable, for any amount and on any date that you subsequently direct by phone, email or other method we make available.
Authorization to Correct ACHs and Typographical Errors
In the event that we make an error in processing an ACH, you authorize us to correct the error by initiating an ACH credit or debit to or from the Bank Account, as applicable, in the amount of such error on or after the date such error occurs. You also authorize us to initiate ACH credits or debits to or from the Bank Account, as applicable, as may be necessary to obtain an accurate balance under this Agreement. If you make a typographical or similar error in providing us with Bank Account or other information, you authorize us to correct the error.
Confirmation of Account Status
To help us determine whether any payment under this ACH Authorization will be successful, you authorize us to initiate an authorization request, non-monetary entry or similar entry to the Bank Account or any other applicable payment account and/or to obtain account status or balance information from the financial institution holding the applicable payment account. We are not obligated to initiate any payment under this ACH Authorization if we are unable to confirm the account status or otherwise receive information suggesting that it will likely fail.
Termination
You understand that you may terminate this Authorization at any time by calling Customer Service at (800) 201-2295 in such time as to afford us and your financial institution a reasonable opportunity to act on your request as described below. In any event, we will typically comply with a termination request received at least two (2) business days before the payment Due Date on which the termination is to be effective. We may terminate ACH payments under this ACH Authorization at any time and for any reason, including excessive returned payments. If you cancel this ACH Authorization or if we terminate it, you understand that you will be responsible for making your payments by another payment method. Terminating this ACH Authorization does not affect your duty to repay your underlying obligation. Your authorization in no way limits any right you may have under federal law to stop payment of a preauthorized electronic transfer by contacting your financial institution.
Check Conversion Notification; Electronic Check Re-Presentment
If you provide a check as payment, you authorize us and our servicers or agents either to use information from your check to make a one-time ACH or other electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. In the event a check is returned unpaid for insufficient or uncollected funds, we may re-present the check electronically. For questions, please contact us at (800) 201-2295. In the ordinary course of business, the check will not be provided to you with your bank statement, but a copy can be retrieved by contacting your financial institution.
Miscellaneous
You promise that any Bank Account you provide is legitimate, open and active and that you are an authorized signer on the Bank Account. You understand that this Authorization is subject to applicable law and network rules, and you agree to be bound by such laws and rules.
ACH Authorization Agreement (v3 - eff. 04/2023)