Consent for Electronic Communication Agreement

Consent for Electronic Communication Agreement 

Professional Credit Service is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.  
 

*Additional Debt Collection Disclosures* 

California Residents: CA License No. 10338-99 

Nevada Residents: The license number issued to Professional Credit Service by the Commissioner of the Nevada Financial Institutions Division pursuant to NRS 649.135 is CAD11679. The certificate identification number of the certificate issued to the compliance manager of Professional Credit Service by the Commissioner of the Nevada Financial Institutions Division pursuant to NRS 649.225 is CM12664. 

New York City Residents: New York City Department of Consumer Affairs license number 2103371-DCA  
 
North Carolina Residents: Ray Klein, Inc. dba Professional Credit Service is located at 400 International Way, Springfield, OR 97477 and it is licensed to collect debt in the state of North Carolina. North Carolina Company Number 516879058. 
 
Wisconsin Residents: Professional Credit Service accepts walk-in payments at 300 Progress Drive, Suite B, Cottage Grove, WI 53527. Professional Credit Service’s number is: Toll Free 866-254-2993.

INTRODUCTION 

This Consent for Electronic Communication Agreement (“Agreement”) governs the use of email and text messaging, as well as all online and mobile account management services (“Online Services”) available on a computer through a traditional internet connection at www.pcsdirectpay.com, on a mobile device through a mobile browser, or through our mobile application available on Android or iOS. There may be additional Online Services that are not specifically described in this Agreement and we reserve the right to add or eliminate Online Services. Finally, the availability of select Online Services may be limited by your access method or access device.  
 
This Agreement may be revised periodically and it may include changes from earlier versions. By accessing your account and engaging in Online Services, you agree to the most recent version of this Agreement, which is always available to you online and within the mobile application. You may withdraw your consent at any time by:  

  • Calling 866-254-2993 from 5:00 a.m. to 7:00 p.m. (M-Th) or 5:00 a.m. to 5:00 p.m. (F) or 9:00 a.m. to 1:00 p.m. PST 
  • Emailing consumer-helpdesk@professionalcredit.com 
  • Writing to Professional Credit Service, PO Box 70127, Springfield, OR 97475 
  • Updating your preferences your profile. 

Regardless of how you choose to notify us, we will honor all requests to stop further email and/or text message communications. Please allow 2 business days for processing.  
 
This Agreement contains terms and conditions that apply to your use of the various Online Services and is in addition to other agreements and disclosures that apply to your account(s). For example, when you received services from the creditor, there may have been terms and conditions that applied to your financial responsibility with respect to that creditor. Those terms and conditions continue to apply. If, however, there is a conflict between this Agreement and the terms and conditions of any disclosures or agreements that specifically address Online Services, this Agreement will control in resolving those inconsistencies. If you have any questions, please contact us. Our most commonly used contact information is printed at the end of this Agreement.

DEFINITIONS

The following definitions apply in this Agreement:  
 
The words “we,” “our,” and “us” mean Ray Klein Inc., dba Professional Credit Service and its respective affiliates, successors, and assigns.  
 
The words “you” and “your” mean each consumer and anyone else with access to the account to perform the transactions or receive the services covered by this Agreement. If there is more than one consumer, then these words mean each consumer separately, and all consumers jointly.  

PROVIDING PERSONAL INFORMATION 

By enrolling in Online Services, you agree to provide current and complete information about yourself, including your name, address, phone numbers, email addresses, social security number, date of birth, and any other identifying information. Changes can be made online or by calling us at a number listed at the end of this Agreement. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate information. You further agree that you are not providing Professional Credit Service with an email address provided to you by your employer. You acknowledge that you do not have a reasonable expectation of privacy in any email associated with your employment. You also acknowledge that you are aware that others in your household may intercept emails or other electronic communications (i.e. your family members or roommates) and you have taken all precautions to eliminate others from accessing your emails or electronic communications.  

CONSENT TO RECEIVE LEGALLY REQUIRED NOTICES ELECTRONICALLY 

You authorize Professional Credit Service to send any and all communications electronically (“Electronic Communications”). Electronic Communications includes email, current and future notices and/or disclosures that may be required by law, correspondence, statements and other communications regarding any account placed (now or in the future) with Professional Credit Service.  
 
You further authorize Professional Credit Service to transmit Electronic Communications to the email address you provide to Professional Credit Service or to any creditor for whom we provide collection services, as well as any email address that we obtain from any third-party source (i.e. through skip-tracing) and to include the following in the Electronic Communications:  

  1. In the “To” line of the email: Your name or other individual identifying information 
  1. In the “From” line of the email: Professional Credit Service 
  1. In the “Subject” line of the email: An account number or other identifying information 

You acknowledge that you have been informed of and understand that you have the right to receive a paper version of an Electronic Communication and that you may obtain a paper version by contacting Professional Credit Service at 866-254-2993, PO Box 70127 Springfield, OR 97475, or consumer-helpdesk@professionalcredit.com. You understand that you also have the right to withdraw consent to receive Electronic Communications by contacting Professional Credit Service at 866-254-2993, PO Box 70127 Springfield, OR 97475, or consumer-helpdesk@professionalcredit.com, or by “unsubscribing” in an email sent to you. This consent is a continuing consent to Professional Credit Service to send you Electronic Communications. You represent and warrant that you can receive Electronic Communications and retain them, based on the fact that you have a computer system with an Internet Web browser capable of 128-bit encryption and Adobe Acrobat Reader and a printer capable of printing any Electronic Communications emailed to you and/or you have the ability to electronically save and display on computer screens Electronic Communications.  

CELLULAR PHONE CONTACT POLICY 

By providing us with a telephone number for a mobile device, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our agents at that number. This express consent applies to each such telephone number that you provide to us and permits such calls related to any account in our office now or in the future. Calls and messages may incur access fees from your mobile services provider.  

With respect to text messages, by providing us with your mobile number and opting-in, you give Professional Credit Service permission to send you account-related text messages, like payment reminders and notifications in conjunction with the services you have requested. Please note the following: 

  • Number of messages will vary by account. 
  • Message and data rates may apply. 
  • To opt-out, text STOP to any text message we send you or email us at chd@professionalcredit.com
  • If your handset does not support MMS, any MMS messages sent may be delivered as SMS messages. 
  • Wireless carriers are not liable for undelivered or delayed messages.  

For additional assistance, you may also contact us at a number at the end of this agreement.  

PRIVACY & CONFIDENTIALITY 

Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law. Personal information about you, and your use of Online Services, will be used for the purpose of engaging in Online Services as well as for internal purposes (i.e. internal marketing studies and statistical analyses). However, we will only disclose information to third parties when permitted by law to do so and we will never sell your information.

Monitoring and Recording Communications 
You understand and agree that we may monitor and/or record any communications between you and us (or our Service Providers) for quality control and other permitted business purposes. You also understand and agree that, depending upon the law in your state, this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.  

ONLINE AND MOBILE SECURITY 

Information you provide in connection with Online Services will be stored on secure servers and protected by commercially reasonable security measures. These commercially reasonable security measures are intended to keep your important information secure and to prevent unauthorized access. Effective security; however, is dependent on your responsible behavior in protecting your Log-in Credentials and controlling access to the devices that you use to access Online Services. For the purposes of this Agreement, “Log-in Credentials” means your account number and PIN used to access Online Services.  
 
As a Professional Credit Service consumer engaging in Online Services, your Log-in Credentials allow you to access Online Services. Depending on your mobile device, you may also have the option to remain logged into the App. If you choose to remain logged into the App, it is your responsibility to control access to Online Services just as you would with your PIN.  
 
You are responsible for keeping your Log-in Credentials confidential. If you give any other person or entity access to your account(s) by providing your Log-in Credentials to a third party, or by allowing a third party to access Online Services using your Log-in Credentials, you agree that each such person or entity will be acting as your “Agent” and will be bound by this Agreement (and any separate agreement governing your account). We are not responsible for managing your third party relationships and any arrangements between you and an Agent are strictly between you and the other party. We are not liable to you if your Agent exceeds the scope of authority granted, and any transaction performed by your Agent using your Log-in Credentials, even if not specifically intended by you, is considered a transaction authorized by you. Should you decide to revoke any access you have given to an Agent, you must contact us at a number at the end of this Agreement, in which case we may need to block online and mobile access to your account until new Log-in Credentials are established.  

STOP PAYMENT REQUESTS 

We are entitled to a reasonable period to act upon any stop payment request and may not have an opportunity to act on any stop payment request after a payment has been processed. Our ability to stop a payment request will depend on the payment method and whether or not final payment has been made. To stop a payment, either edit your payment instructions (online or on the mobile app), or call us at a number listed at the end of this Agreement. You must call in time for us to receive your request and to be able to act upon it, which in the case of preauthorized recurring payments, is at least two Business Days before the payment is scheduled to occur.  
 

ACCOUNT MANAGEMENT 

Note that some Online Services may not be available for use with certain types accounts or account statuses; for example, accounts associated with or included in a legal action, disputed accounts, and any other accounts Professional Credit Service determines should not be viewable or accessible online. You may always contact Professional Credit Service by mail, telephone, or email, if you cannot access or view your accounts using any of the Online Services.  

DATA SYNCHRONIZATION 

We make every effort to ensure that your use of any of the Online Services is synchronized between the various access methods. For example, if you make a payment using your mobile device, that transaction should appear on your payment history when accessed from a computer. There are some rare instances, however, where the information available through the Online Services may be delayed or different from the information that is available within the various Online Services access methods or at a traditional branch location (and vice versa). Additionally, some information available over the phone or at an office location may not be immediately available via Online Services, or it may be described using different terminology. In the event of any discrepancies, the account information provided over the phone or at the office controls. You agree that neither we nor our Service Providers will be liable for any errors or delays in the content provided through the Online Services, or for any actions taken in reliance thereon.  
 

ELECTRONIC STATEMENTS AND NOTICES 

You have the right to receive any legally required notices in paper format for any account on which you have agreed to receive those notices electronically. Once you enroll in the electronic presentment of any notice, you may no longer receive paper versions of any legally required notice unless you specifically request it. To request a paper copy of any notice, contact us using the contact information found at the end of this Agreement.  

Your Responsibility 
In accordance with the ESIGN Act and as noted above, you are responsible for the hardware and software needed to use Online Services, including, but not limited to receiving and displaying letters, notices, or other documents. It is your responsibility to report any difficulty or failure to receive access, view, print, or save anything that we send to you electronically.  
 
By enrolling any account in electronic communication, you agree that the notice of availability constitutes delivery of such electronic communication for all purposes on the date of the notice. The statute of limitations regarding claims related to any items disclosed in a particular electronic communication begins on the date we provide you notice that an electronic communication is available. Any failure to actually access, view, print, and/or save an electronic communication will not impact the statute of limitations.  

Managing Your Delivery Preferences 
Your delivery preferences for electronic communications may be managed by logging in to your profile, by calling us at a number at the end of this Agreement, or by writing to us.  
 
You are responsible for downloading and saving your electronic documents for your own record keeping purposes. If you pay an account, you may no longer have online access to the paid account or the associated electronic documents. 

ADDITIONAL TERMS AND CONDITIONS 

Tools and Calculators 
Our Online Services may contain financial tools and calculators. We provide these tools and calculators as a service to you, for informational purposes only. We do not guarantee the accuracy of the tools or calculators or the results. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use of the tools and calculators.  
 

Releasing Hold on License or Restoring Services 
Please note that it may take up to 10 days for a check payment to clear. As such, if you are making a payment to release a hold on your driver’s license or to restore services, there may be a delay between when you make your check payment and when your license is released/services are restored. This is due to the time that it takes for the check to clear.  

Links to Other Internet Sites and Third Party Services 
Our websites and Online Services may contain links to other websites, which may be owned or operated by third parties. Please note that these links do not imply our endorsement or approval of material on any third party website. The linked websites are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on the third party websites. The privacy policies of third party websites may provide less security than our web sites so we strongly encourage you to read the third party’s privacy policy before sharing any information with that third party. Please be aware that, like many websites, we use Google Analytics to collect non-personally identifiable information that can be used to improve your experience using our website and our mobile application. Google Analytics uses cookies and other similar technologies to collect information about the use of services and to report website trends, without identifying individual visitors.  

Term and Termination 
We may terminate all or part of this Agreement and your use of any or all Online Services for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Online Services upon our request.  
 
You may voluntarily terminate your access to Online Services and withdraw your consent to this Agreement by calling us at a number listed at the end of this Agreement. If you terminate your access and/or withdraw your consent to this Agreement, you will no longer have access to any of the Online Services. All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, and limitations of liability/dispute resolution.  

No Warranties 
Neither Professional Credit Service, nor any of its subsidiaries, affiliates, or Service Providers represents or warrants the accuracy, adequacy, completeness or timeliness of Online Services, including but not limited to the information, materials, products and services on our web sites or the error free use of our web sites. In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions that you initiated or were in the process of completing or completed before a system failure or interruption should be verified by you through means other than Online Services to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.  

Limitation of Liability; Dispute Resolution 
In no event will Professional Credit Service, or any of its affiliates, contractors, or their respective officers, directors, employees, consultants, agents, other Service Providers or licensors be liable under any contract, tort, negligence, strict liability, or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) whether caused by or resulting from (i) the use or the inability to use any Online Service; (ii) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (iii) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through any Online Service, or (iv) any other failure, action, or omission. You understand and agree that this provision is intended to apply to any claim that may arise under various laws and regulations, including, but not limited to, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Regulation E, and any state law counterpart of these laws and regulations.  
 
You and Professional Credit Service agree to arbitrate any dispute arising from any claim relating to your use of Online Services. That arbitration shall be on an individual basis and both you and Professional Credit Service hereby waive the right to participate in a class action lawsuit. You and Professional Credit Service further acknowledge that this provision is a material part of the Agreement to provide you with the ability to manage your accounts using Online Services.  

Waiver 
We may waive any term or provision of this Agreement at any time or from time to time, but we will not be deemed to have waived any of our rights or remedies with regard to this Agreement, unless our waiver is in writing and signed by an authorized officer Professional Credit Service, or its affiliates. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of those rights or remedies or any other rights or remedies. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.  

Severability; Headings 
If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any other jurisdiction.  
 
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.  

Complete Agreement 
This Agreement represents the sole and exclusive agreement between you and us regarding Online Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the use of Online Services.  

CONTACT US 

You may contact us through the Secure Message Center available after you log in at www.pcsdirectpay.com, by writing us at P.O. Box 70127, Springfield, OR 97475, or by using the contact information below. Keep in mind that we may not immediately receive electronic messages that you send and we will not take action based on your electronic messages until we actually receive it and have a reasonable time to act. If you need immediate assistance, or you would like to report an unauthorized transaction, please call us at the number below.  
 
Please contact our office via one of the following methods if we can be of further assistance:  

  • Call 866-254-2993 from 5:00 a.m. to 7:00 p.m. (M-Th) or 5:00 a.m. to 5:00 p.m. (F) or 9:00 a.m. to 1:00 p.m. PST 
  • Email consumer-helpdesk@professionalcredit.com 
  • Update your preferences your profile. 

Last Updated: November 28, 2023