Last Updated: November 1, 2023 CCB4/2023
Capitalized terms are defined in the Definitions section.
You are agreeing to transact business with us electronically. You will NOT receive paper copies of important notices, agreements, and disclosures. Your electronic signature on agreements and documents, including checking a box or clicking a button, has the same effect as if you signed them in ink.
Your consent applies to the following Disclosures:
If you are prequalified for a credit card account from one of the Banks, you will be presented with an additional consent at acceptance.
We may deliver Disclosures to you by:
You agree to take a screenshot of, print, or email yourself a copy of any Disclosures you wish to keep.
You will need the following to access Disclosures:
We will notify you of any changes to these requirements that create a risk that you may not be able to receive Disclosures.
You may withdraw your consent to receiving Disclosures electronically by contacting us via email at email@example.com or calling 1-844-992-7323. Any withdrawal of your consent will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent, we will send you paper copies of important documents.
You agree and acknowledge that you can access, receive, and retain Disclosures electronically.
Important Information About Opening an Account: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth or other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
Products we may make available on the Site or through the Services include:
To be eligible for a Loan or Card, you must be of legal age to enter into contracts in your state (generally 18) and be a legal resident of the United States, except as otherwise provided in any offer of credit.
Loans and Cards may be used for your personal, family, or household use only, unless otherwise provided in any offer of credit. If you have been denied a Bread Loans loan during the preceding 30 days, you are ineligible to submit a new application for a Bread Loans loan. If you have been denied a Bread Pay loan during the preceding 90 days, you are ineligible to submit a new application for a Bread Pay loan.
By using the Services or accessing this Site, you:
In addition, if you apply for Bread Pay SplitPay, you must have:
If you apply for a Bread Loans loan, you must have no more than the maximum allowed Bread Loans permitted by Bread Financial, which may vary from time to time.
You acknowledge that we may disclose and transfer any information that you provide through this Site to (i) Bread Financial and its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers. Use of this Site, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked, and recorded. Anyone using this Site expressly consents to such monitoring, tracking, and recording.
You authorize the Banks and/or Bread Financial to obtain your credit report and other information from one or more consumer reporting agencies for the purposes of processing your Loan or Card application, evaluating your Prequalification request, verifying the account and routing number of any bank account you use to make a payment using the Site or the Services, and/or at the Banks’ or Bread Financial’s discretion from time to time thereafter in connection with the underwriting, servicing, and/or collection of any Loan either of the Banks extends to you. You consent to our obtaining such records by submitting an application or solicitation. Upon request, we will tell you the name and address of any credit reporting agency that furnished a report on you.
We may obtain income and employment information from one or more consumer reporting agencies at the time of application and periodically thereafter during the term of your Loan or Card. You agree in writing to the release of your income and employment information.
The Banks and Bread Financial may, at their sole discretion, report information about your Loan or Card to consumer reporting agencies. Such information may appear on your credit report and may impact your credit score.
California and Utah residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
We may report information about your loan to credit bureaus. Late payments, missed payments, or other defaults on your loan may be reflected in your credit report.
Prior to submitting a Loan or Card application, you must check your eligibility through Prequalification. The Prequalification terms are not the final terms on which credit will be available and may change when the Agreement is presented to you or thereafter. The Prequalification is not a guarantee that you will be approved for credit because the Prequalification is an estimate and may change based on a variety of factors.
If you are initially eligible, you may submit a Loan or Card application. All Loans are subject to final approval and funding by Comenity Capital Bank and Cards are subject to credit approval by one of the Banks. Any Loan may be held as pending, delayed for processing, or canceled at any time prior to the issuance of your Loan.
If the goods or services you are attempting to purchase using Bread Pay cost more than the amount of the Loan that may be offered to you, or a Merchant wishes to collect some portion of the payment separately, you may be permitted to pay the remaining amount directly to either Bread Financial or the Merchant through a third-party payment processor by credit or debit card.
Your Agreement has important terms, which you should read. A copy of the Agreement will be provided to you before you complete your purchase, debt consolidation, or personal loan request or Card application so you can review and decide whether to accept the terms offered.
There may be a delay in the issuance of Bread Pay proceeds. Bread Pay proceeds may be issued to the Merchant before they have fulfilled shipment of the goods to you and payments (including interest) may be due before you have received your goods or services from the Merchant. Contact the Merchant regarding any unexpected shipping delays or other issues with your order. Please review the Merchant Disputes, Refunds, and Cancellations section on how to resolve disputes with a Merchant. Please review the Debt Consolidation Loans section for additional details about Bread Loans.
After your Loan has been issued, you will receive an email with instructions on how to access the Member Portal, where you can view your Agreement. Card Agreements may be downloaded or printed during the application process and will also be mailed with approved Cards.
We may offer you the ability to apply for Bread Loans to pay the outstanding balance on one or more credit cards issued in your name by eligible U.S. banks. Debt consolidation loan proceeds will be paid directly to your credit card issuers and you will not receive any proceeds.
Your Bread Loans loan may result in a higher annual percentage rate (APR) or higher monthly payment than you would otherwise pay through your current creditor. Please review your agreement with your credit card issuers for more information about rates, fees, and other charges to decide what is best for your needs.
We rely on the accuracy of the credit card information that you provide to us and are not required (but reserve the right) to verify information before sending any Bread Loans proceeds.
It may take up to 30 days to process and transmit proceeds to your credit card issuers. In the meantime, you are responsible for making all required payments on your credit card accounts. In addition, the amount you designated to be paid to a particular credit card issuer may not fully pay off your balance at the time that credit card issuer receives the proceeds and posts them to your account.
We reserve the right to cancel or reject any Bread Loans payment to any or all credit card issuers. In addition, if we cannot process any Bread Loans payment to a credit card issuer, for whatever reason, within 30 days from executing your Agreement, we will cancel that payment. In certain cases, your credit card issuer may not be able to post any Bread Loans payment to your account (for example, if the credit card information you provided is incorrect or your credit card issuer rejects the payment). We will reduce the total amount of your loan by the cancelled or failed amount and you will not owe any interest on the cancelled or failed payment.
We will not be liable for:
You agree to help us resolve any disputes with other creditors.
We may offer you the ability to apply for Bread Loans for personal, family, or household purposes. Personal loan proceeds will be sent electronically to the bank account you designate. We may limit the number of bank accounts you may designate for receipt of proceeds. You authorize us to verify that the bank account you designate is owned by you, including contacting third parties to do so.
We rely on the accuracy of the bank account information that you provide to us and are not required (but reserve the right) to verify information before sending any Bread Loans proceeds.
It may take up to 72 hours to process and transmit proceeds to your bank account. If we are unable to transmit proceeds to your bank account, we may cancel your loan.
You acknowledge that Bread Financial is not responsible for:
You agree that you will not hold Bread Financial liable under any theory of products liability, personal injury, or breach of warranty for your purchase or debt consolidation.
Any returns or disputes pertaining to the product or service, the amount you were charged, delivery, or any other aspect of your retail transaction with a Merchant must be first directed to the Merchant. Please review the Frequently Asked Questions in the Help Center on the Site for more information regarding disputes you may have with the Merchant.
If the Merchant processes a refund, the Merchant will direct refund amounts to us and we will make adjustments to your Loan as provided in your Agreement. If the refund is for the entire borrowed amount, you may still owe finance charges depending on when the Merchant notifies us of the refund. If a refund is processed by the Merchant before the Loan is issued, your loan will be issued in the reduced amount or your loan will be canceled in its entirety if the reduced amount is equal to the full amount of the loan. You will still be responsible for any outstanding balance on your Loan. You may also owe other amounts (such as interest, late fees, or non-sufficient funds fees) that accrued prior to issuance of the refund and were not paid. Review your Agreement for further details.
Some Merchants may give you a store credit or some other form of credit instead of processing a refund to your Loan. Please review the Merchant’s return policy for details. You remain responsible for repaying your Loan regardless of how the Merchant processes the return.
If consolidating debt with Bread Loans, you are solely responsible for identifying the amount to be paid to your credit card issuers. If the amount results in an overpayment to your credit card account, we will not issue a refund or cancel your loan (in whole or in part) and your repayment obligation under your Agreement will remain unchanged. Once your Bread Loans proceeds have been posted by your credit card issuers to your accounts, any disputes regarding overpayments must be directed to the credit card issuers.
For Cards, refer to your Card Agreement or billing statement for information on billing disputes.
You may log into the Member Portal at member-portal.breadpayments.com/login or call 1-844-992-7323 to make a payment via electronic fund transfer from your bank account or debit card for Installments and Bread Loans or debit or credit card for Bread Pay SplitPay. We may change the payment methods accepted for certain products from time to time, such as no longer allowing debit cards for Installments.
For Bread Pay SplitPay, you must consent to enroll in AutoPay prior to or at the time of checkout and authorize Bread Financial to authorize recurring charges to your Payment Card on each due date. You can unenroll in AutoPay or change your registered Payment Card at any time by logging into the Member Portal or calling 1-844-992-7323.
If you attempt to complete a purchase using Bread Pay SplitPay, you agree that we may place a hold by authorizing a debit or charge to your Payment Card equal to up to half the amount of your purchase. Any unpaid portion of that authorization that is canceled or refunded to you may take several days to be reflected on your Payment Card account. We are unable to control when a hold is released from your account or that amount will be credited back to you. We are not responsible for the release of any holds. Please contact your card issuing bank.
For Cards, see page 2 of your billing statement for information on how to make payments.
At any time, we or the Banks may without notice:
We will not be liable to you or any third party for taking any of these actions.
Bread Financial and any party acting on our behalf may communicate with you about your Loan or Card electronically, by phone, or in writing. Any electronic communications will be considered to be received by you at the time we email it to you or otherwise send it to your attention (such as via SMS or other online or mobile notification). Bread Financial may monitor or record telephone conversations you or anyone acting on your behalf has with Bread Financial or its agents for quality control and training purposes.
This Mobile Communications section only applies to use of the Site or Services in connection with Loans (and not Cards).
By providing your mobile phone number, you agree that Bread Financial, its affiliates, and service providers may communicate with you about your Account and any Loan through phone calls or texts, including any such telephonic communications that may be made or generated using an automatic dialer system, automatic telephone dialing system, pre-recorded voice message, or artificial voice. Message and data rates may apply. The frequency of text messages may vary. We may contact you at the mobile phone number you provided to us at the time of application or any other phone number you may provide to us in the future. You represent that you are the owner, or authorized user of the mobile phone number and are authorized to consent to receive texts and other communications.
How to Opt Out of Text Communications for Account Servicing Purposes. You may opt out of future account servicing texts by replying “STOP.” Opting out of account servicing text messages will not opt you out of other text messages that we may send you, such as texts we may send you if we suspect fraud, if you have missed a payment and are in default, or marketing texts you may have separately elected to receive.
Safeguarding your Mobile Phone. Anyone with access to your mobile phone may be able to view texts that we send you. If you do not want anyone to view your Bread Financial texts, you should safeguard your mobile phone. You accept full responsibility for safeguarding any communications that we may send to your mobile phone.
Third-Party Providers. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer file, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status and device details, if available, to our third-party service provider, solely to verify your identity and prevent fraud for the duration of the relationship.
Text Carriers and Delivery. We do not guarantee that you will receive servicing texts. Circumstances beyond our control may result in your not receiving texts. Supported carriers for text messages may change from time to time. Not all carriers may support Bread Financial’s text messages. Your carrier may not deliver texts while you are roaming, out of the country, or otherwise outside of its service area.
Support/Help. For questions, call 1-844-992-7323. You may also text “HELP” for more information.
You agree to receive all communications on the Site and/or in connection with the Services in English. We may, at our option, communicate with you in other languages as a courtesy. We may stop communicating with you in non-English languages at any time. While we try to ensure accuracy of translations, we are not responsible for any inaccuracies in translation or misunderstandings due to differences in usage or dialect. In the event of inconsistency between the English version and the translation, the English version will control.
For Loans, you agree to inform us immediately of any changes in your billing address, email address, or phone number by sending an email to firstname.lastname@example.org or calling 1-844-992-7323. For Cards, review your Card Agreement for how to notify us of changes to your name, email address, mailing address or phone number.
The items listed below are a non-exclusive list of prohibited activities when using the Services:
You are responsible for maintaining security of the login credentials for your Account. If you think your Account has been compromised, contact us immediately by sending an email to email@example.com or calling 1-844-992-7323.
Your Account on the Member Portal will include personal and sensitive information about you and your Account. You agree that you are fully responsible for any activity that occurs on your Account in the Member Portal by anyone you have given your access credentials to or have permitted to access your Account.
You represent and warrant that you own all right, title, and interest in the content, data, or other material User Content. By uploading or otherwise submitting any User Content, you grant Bread Financial and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services.
Bread Financial may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
The technical processing and transmission of the Services, including your User Content, may involve:
From time to time, we may ask you to provide feedback on the Services or you may affirmatively provide us with feedback. Unless otherwise indicated, any content submitted to Bread Financial via the Site will be deemed and remain the property of Bread Financial. Any comments, ideas, or feedback you provide us are non-confidential and we may use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from other sources.
The Services may appear on other websites, including Merchant websites. The Site may also contain links to, or direct you to, other websites, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content belonging to or originating from third parties. Such other websites and third-party content are not monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any other websites or third-party content posted on the Site. If you leave the Site and access any other website, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any other website.
By using the Services, you acknowledge that Bread Financial or one of its affiliates owns all right, title, and interest in Bread Financial’s intellectual property, which includes any software, code, system, technology, content, design, graphics, procedures, and other intellectual property embedded in the Services, the Site, or through the Bread Financial API, including Bread Financial’s name, logo, and any other trademarked material but expressly excluding your User Content. Copying, redistributing, or publishing any part of the Services is strictly prohibited, unless otherwise expressly permitted. Posting of information or materials on the Services by Bread Financial does not constitute a waiver of any right in such information and materials.
Provided that you are eligible to use of the Site and the Services, you are granted a limited, revocable, nontransferable license to access and use the Bread Financial’s intellectual property and the Services solely for your personal, noncommercial use (including to access any disclosures). Any other use of the Bread Financial’s intellectual property is strictly prohibited and will terminate the license granted herein. Any rights not expressly granted herein are reserved by Bread Financial.
If you are a user from New Jersey, this Limitation on Liability section is intended to be only as broad as is permitted under the laws of New Jersey. If any portion of this section is held to be invalid under the laws of New Jersey, the invalidity of such portion will not affect the validity of the remaining portions.
Your use of the Site and the Services is at your sole risk. The Site and Services are provided on an “as is” and “as available” basis. Bread Financial expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. In addition, Bread Financial expressly disclaims any liability for errors or omissions in any information provided as part of the Services or on the Site and any warranties regarding the operability of the Services or liability for any service interruptions or systems failures that may affect the Services at any time. We cannot guarantee and do not warrant that your access will be uninterrupted, timely, secure, or error-free or that the Site will be free of computer viruses.
If you are a user from New Jersey, this Disclaimer of Warranties section is intended to be only as broad as is permitted under the laws of New Jersey. If any portion of this section is held to be invalid under the laws of New Jersey, the invalidity of such portion will not affect the validity of the remaining portions.
Except and to the extent the Arbitration Provision may apply to any dispute, by accessing the Site or using the Services, you agree:
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such indemnitee. If you are a California resident, you waive Cal. Civ. Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
If you are a user from New Jersey, this Indemnity and Release section is intended to be only as broad as is permitted under the laws of New Jersey. If any portion of this section is held to be invalid under the laws of New Jersey, the invalidity of such portion will not affect the validity of the remaining portions.
Per Cal. Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, 1-916-445-1254 or 1-800-952-5210. You may contact us at Bread Financial, P.O. Box 18082, Columbus, OH 43218-0082 or 1-844-992-7323.
If you are a covered borrower under the Military Lending Act, 10 U.S.C. § 987, the Arbitration and Jury Trial Waiver section does not apply to you.
Key provisions: Please read the following important provisions carefully. Pay special attention to Paragraphs:
Any Claim Notice to you shall be sent to the address we have in our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Bread Financial Arbitration Claim, P.O. Box 18082, Columbus, OH 43218-0082 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name, address, and Loan or Card number (if applicable) and explain the nature of the Claim and relief demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Respondent reasonably requests. Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is sent by mail and the later of:
A lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with this Notice and Cure provision. A court will have authority to enforce this Notice and Cure provision, including the power to enjoin the filing or prosecution of arbitrations without first complying with said provision. Unless prohibited by applicable law, the arbitration Administrator is without authority to accept or administer any arbitration proceeding unless the Claimant has complied with this Notice and Cure provision.
Read this provision carefully.