Legal Information

Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Fair Pay Leasing ("Company," "we," "us," or "our") governing your use of our lease-to-own services, website, and related services.

1. Eligibility

To use our services, you must:

• Be at least 18 years of age (or the age of majority in your state)
• Be a legal U.S. resident
• Have a valid government-issued ID
• Have an active bank account or valid debit card
• Have a verifiable source of income
• Provide accurate and complete information in your application
• Not be currently in bankruptcy proceedings

2. Lease Agreement

2.1 Nature of Transaction

Fair Pay Leasing provides lease-to-own financing for consumer goods, primarily electronic devices. This is a lease agreement, not a credit transaction or loan. You do not own the leased property until all payments have been made and ownership has transferred to you.

2.2 Lease Terms

Your specific lease terms, including:

• Total lease price and cost of ownership
• Payment amount and frequency (weekly, bi-weekly, or monthly)
• Number of payments required
• Early purchase options and pricing
• Late fees and other charges

Will be disclosed in your individual Lease Agreement, which is incorporated into these Terms by reference.

2.3 Property Ownership

Until you complete all required payments or exercise an early purchase option:

• The leased property remains the sole property of Fair Pay Leasing or its assignees
• You have no ownership interest in the property
• You may not sell, transfer, pawn, or encumber the property
• You must maintain the property in good working condition
• You must notify us immediately if the property is lost, stolen, or damaged

3. Payments

3.1 Payment Obligation

You agree to make all payments according to the schedule in your Lease Agreement. Payments are due regardless of whether you use the leased property.

3.2 Payment Methods

We accept payments via:

• Debit card
• ACH bank transfer
• Other methods we may offer

3.3 Automatic Payments

By providing your payment information, you authorize us to automatically charge your designated payment method on each scheduled payment date. You may cancel automatic payments by contacting us, but you remain responsible for making payments by other means.

3.4 Late Payments

If a payment is not received by the due date:

• A late fee may be assessed as specified in your Lease Agreement
• We may contact you via phone, text, email, or mail to collect payment
• Continued non-payment may result in default and termination of your lease
• We may report payment history to consumer reporting agencies

3.5 Returned Payments

If a payment is returned for insufficient funds, closed account, or any other reason, you will be charged a returned payment fee as permitted by applicable law, in addition to the original payment amount.

4. Early Purchase Option

You may have the option to purchase the leased property early at any time during the lease term. The early purchase price will be calculated according to your Lease Agreement. Contact us to obtain your current payoff amount.

5. Default and Remedies

5.1 Events of Default

You will be in default if:

• You fail to make any payment when due and the failure continues for the period specified in your Lease Agreement
• You provide false or misleading information in your application
• You sell, transfer, pawn, or encumber the leased property
• You damage, destroy, or lose the leased property
• You violate any other term of your Lease Agreement
• You file for bankruptcy or become insolvent

5.2 Our Remedies

Upon default, we may:

• Demand immediate return of the leased property
• Take possession of the property (in accordance with applicable law)
• Terminate your lease agreement
• Pursue legal action to recover the property and/or amounts owed
• Report the default to consumer reporting agencies
• Charge you for our costs of collection, including reasonable attorney's fees where permitted by law

6. Return of Property

6.1 Voluntary Return

You may return the leased property at any time by contacting us and following our return procedures. Returning the property does not relieve you of payment obligations accrued before the return.

6.2 Condition of Returned Property

Returned property must be in good working condition, normal wear and tear excepted. You may be charged for:

• Damage beyond normal wear and tear
• Missing accessories or components
• Costs to restore the property to sellable condition

6.3 Data Removal

Before returning any device, you are responsible for removing all personal data, signing out of all accounts (including iCloud, Google, Samsung accounts), and performing a factory reset. We are not responsible for any data remaining on returned devices.

7. Warranties and Disclaimers

7.1 No Warranty from Fair Pay Leasing

FAIR PAY LEASING DOES NOT MANUFACTURE THE LEASED PROPERTY AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any manufacturer warranties may be assigned to you upon ownership transfer.

7.2 "As-Is" for Used/Refurbished Items

If your leased property is used or refurbished, it is provided "AS-IS" with all faults. We make no guarantees regarding its condition or longevity.

7.3 Service Issues

We are not responsible for issues with cellular service, internet connectivity, software compatibility, or other services not directly provided by us.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Fair Pay Leasing shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the total payments you have made under your lease
• We are not liable for any loss of data, business interruption, or other damages arising from use of the leased property

9. Indemnification

You agree to indemnify, defend, and hold harmless Fair Pay Leasing, its officers, directors, employees, agents, and assigns from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of the leased property
• Your breach of these Terms or your Lease Agreement
• Your violation of any law or third-party rights
• Any false or misleading information you provide

10. Dispute Resolution

10.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at [email protected] or (833) 791-1265 to attempt to resolve the dispute informally for at least 30 days.

10.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR LEASE AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

10.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions by sending written notice to us within 30 days of entering into your first Lease Agreement. The notice must include your name, address, phone number, and a clear statement that you wish to opt out.

11. Governing Law

These Terms and your Lease Agreement shall be governed by the laws of the State of Ohio and applicable federal law, without regard to conflict of law principles. If arbitration does not apply, any legal action shall be brought in the state or federal courts located in Ohio.

12. Assignment

We may assign or transfer your Lease Agreement and our rights under these Terms to any third party without notice to you. You may not assign or transfer your obligations without our written consent.

13. Electronic Records and Signatures

You consent to receive all communications, agreements, and notices electronically, including via email, text message, or through our website. Electronic signatures and records shall have the same legal effect as physical signatures and paper records.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with your Lease Agreement and Privacy Policy, constitute the entire agreement between you and Fair Pay Leasing regarding our services and supersede all prior agreements and understandings.

16. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or other notice. Continued use of our services after changes constitutes acceptance.

17. Contact Information

TCPA Consent & Communications Policy

This Communications Policy explains how Fair Pay Leasing ("Company," "we," "us," or "our") communicates with you and your rights under the Telephone Consumer Protection Act (TCPA) and other applicable laws.

1. Your Consent to Communications

1.1 Express Written Consent

By providing your telephone number(s) and submitting a lease application or agreeing to a Lease Agreement, you provide your express written consent for Fair Pay Leasing and its agents, affiliates, assignees, and service providers to contact you at any telephone number you provide, including:

• Mobile/cellular phone numbers
• Landline phone numbers
• Work phone numbers
• Any number that you later provide to us

1.2 Methods of Communication

You consent to receive communications via:

• Automated telephone calls (including prerecorded or artificial voice messages)
• Automated text messages (SMS/MMS)
• Calls using automatic telephone dialing systems (autodialers)
• Live telephone calls
• Email communications
• Push notifications (if you use our mobile app)
• U.S. Mail

1.3 Purposes of Communication

We may contact you for:

• Transactional/Account-Related:
  • Payment reminders and confirmations
  • Past-due payment notifications
  • Account status updates
  • Lease agreement information
  • Payment processing issues
  • Identity verification
  • Fraud alerts and security notifications
• Collections:
  • Collection of past-due amounts
  • Attempts to arrange payment
  • Return of leased property
• Promotional/Marketing:
  • Special offers and promotions
  • New products and services
  • Customer surveys

2. Message Frequency and Charges

2.1 Message Frequency

Message frequency varies based on your account status and activity. You may receive:

• Payment reminders before each scheduled payment
• Payment confirmation after each payment
• Multiple messages if payments are past due
• Occasional promotional messages (if you have not opted out)

During active collection efforts, you may receive more frequent communications.

2.2 Message and Data Rates

Message and data rates may apply. You are responsible for any charges from your wireless carrier for receiving calls and text messages. Check with your carrier for details about your plan.

3. Your Right to Opt Out

3.1 How to Opt Out of Text Messages

You may opt out of text messages at any time by:

• Replying STOP to any text message you receive from us
• Calling us at (833) 791-1265
• Emailing us at [email protected]

After opting out, you will receive a confirmation message. You will no longer receive text messages from us unless you opt back in.

3.2 How to Opt Out of Automated/Prerecorded Calls

You may revoke consent to automated or prerecorded calls by:

• Pressing the opt-out option during any automated call (if available)
• Calling us at (833) 791-1265 and requesting removal
• Sending written notice to us via email or mail

3.3 How to Opt Out of Marketing Communications

You may opt out of marketing/promotional communications while still receiving transactional and account-related messages by:

• Replying STOP to promotional texts
• Clicking "unsubscribe" in promotional emails
• Contacting us to update your preferences

3.4 Limitations on Opt-Out

You understand that even if you opt out of certain communications:

• We may still contact you using non-automated means for account servicing and collections
• We may still send transactional communications required by law
• We may still contact you via U.S. Mail
• We may still contact references you provided if we cannot reach you

4. Contact Information Accuracy

4.1 Your Responsibility

You agree to:

• Provide accurate and current phone numbers
• Notify us immediately if your phone number changes
• Notify us immediately if you no longer use a phone number you previously provided
• Notify us if you receive communications intended for someone else

4.2 Reassigned Numbers

If you provide a phone number that is later reassigned to another person, you consent to our contacting that number until you notify us of the change or the new owner notifies us.

5. Reference Contact Authorization

By providing references on your lease application, you authorize us to contact those references:

• To verify your application information
• To locate you if we cannot reach you
• To request they pass along messages to you regarding your account

You represent that you have the authority to provide the contact information for your references and that they have consented to being contacted.

6. Call Recording and Monitoring

For quality assurance, training, and verification purposes, telephone calls with Fair Pay Leasing may be recorded or monitored. By calling us or accepting our calls, you consent to such recording and monitoring.

7. Compliance with Laws

We are committed to complying with:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• Fair Debt Collection Practices Act (FDCPA)
• State telemarketing and consumer protection laws
• CAN-SPAM Act (for email communications)
• Cellular Telecommunications Industry Association (CTIA) guidelines

8. Disputes Regarding Communications

Any disputes regarding our communications practices are subject to the Dispute Resolution provisions in our Terms of Service, including binding arbitration and class action waiver.

9. Changes to This Policy

We may update this Communications Policy periodically. Material changes will be communicated to you, and continued use of our services constitutes acceptance of the updated policy.

10. Help and Support

11. Summary of Key Points