Blue Cash Preferred® from American Express Agreement

Legal Rights & Agreement Rules · Context

Part 1 of the Blue Cash Preferred Card Member Agreement, issued by American Express National Bank

This is Part 1 of 3 of the Card Member Agreement for the Blue Cash Preferred® from American Express card. The page is marked "As of: 06/30/2026" and names American Express National Bank as the issuer. Part 1 opens with a Rates and Fees Table and then a section called How Rates and Fees Work; the rates and fees below are read from this published agreement, not from any individual cardholder's account.

Supporting quotations

Card Member Agreement: Part 1 of 3

As of: 06/30/2026 Issuer: American Express National Bank

Blue Cash Preferred® from American Express

Qualifications & exceptions

• The date shown is an "As of" date printed on the document; the text does not say whether it is an effective date, a publication date or a revision date.
• Interest rates in the table are given as ranges or as the Prime Rate plus a margin, so the table alone does not give a single rate for every account.

Not stated here

• The agreement does not say how the specific rate within a published range is chosen for an individual Account.

Charges & Financial Obligations · Company practice

Purchase and balance transfer APRs are variable: Prime Rate + 12.74% to Prime Rate + 21.74%

The Annual Percentage Rate for purchases is the Prime Rate plus a margin somewhere between 12.74% and 21.74%. The APR for balance transfers is the same range, "for any balance transfer requests we may accept", which signals that balance transfers are not guaranteed to be accepted. Both are variable rates, meaning they move when the Prime Rate moves (see the Explanation of Variable Rates).

Supporting quotations

Annual Percentage Rate (APR) for Purchases

Prime Rate + 12.74% to Prime Rate + 21.74% This is a variable APR. See Explanation of Variable Rates below.

APR For Balance Transfers

Prime Rate + 12.74% to Prime Rate + 21.74% for any balance transfer requests we may accept. This is a variable APR.

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• Both APRs are variable and the table points to the Explanation of Variable Rates for how changes happen.
• A balance transfer APR applies only to balance transfer requests American Express accepts.
• A variable APR will not exceed 29.99% according to the Explanation of Variable Rates.

Not stated here

• The table gives a range and does not say which point in the range applies to a particular Account or what decides it.
• The published agreement does not list any Daily Periodic Rate (DPR) values for these APRs; this section only gives the APRs as Prime Rate plus a margin.

Cross-references

• qualified by (model-proposed): If the Prime Rate rises, variable APRs rise from the first day of the billing period in which it changed, up to 29.99% — The Explanation of Variable Rates sets when changes take effect and caps variable APRs at 29.99%, which qualifies the Prime Rate plus margin APRs in the table.

Charges & Financial Obligations · Company practice

Cash advances have a higher variable APR: Prime Rate + 21.99%

The APR for cash advances is the Prime Rate plus 21.99%, also a variable APR. Interest on cash advances starts on the transaction date (see the Paying Interest row). The agreement's definition of a cash advance is broad: it covers cash and cash equivalents such as travelers cheques, foreign currency, money orders, digital currency, casino gaming chips and race track wagers, and offline and online betting transactions.

Supporting quotations

APR for Cash Advances

Prime Rate + 21.99% This is a variable APR.

We will begin charging interest on cash advances and balance transfers on the transaction date.

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Qualifications & exceptions

• Variable APR; the Explanation of Variable Rates applies and a variable APR will not exceed 29.99%.
• The definition of cash advance (in Part 2's Definitions) decides which transactions are charged this rate, not the ordinary meaning of the words.

Not stated here

• The published agreement does not list the Daily Periodic Rate for this APR.

Cross-references

• defined by (model-proposed): Key defined terms: we, you, Card, charge, purchase, cash advance, balance transfer, plan and Closing Date — The definition of cash advance in Part 2 decides which transactions are charged the cash advance APR.

Charges & Financial Obligations · Restriction or exception

A Penalty APR of Prime Rate + 26.74% can apply after a missed minimum payment or returned payment

American Express reserves the right to apply a Penalty APR, Prime Rate plus 26.74% (variable), to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank. The returned-payment condition ends with the words "we will notify you if we do". If it is applied, it lasts at least 6 months. American Express reviews the Account every 6 months after the Penalty APR is applied, and it keeps applying until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

Penalty APR and When it Applies

Prime Rate + 26.74% This is a variable APR.

We have the right to apply the Penalty APR to new Transactions if: • you do not pay at least the Minimum Payment Due by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

If the penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the penalty APR is applied. The penalty APR will continue to apply until you have made timely payments with no returned payments during the 6 months being reviewed.

Qualifications & exceptions

• It applies to new Transactions, not stated to apply to balances already outstanding.
• "We have the right to apply" is permissive: the table does not say it is applied automatically in every such case.
• Minimum duration is at least 6 months, with a review every 6 months; the exit condition is timely payments with no returned payments in the period reviewed.
• It is a variable APR and the Explanation of Variable Rates applies.

Not stated here

• The words "we will notify you if we do" sit at the end of the returned-payment condition; the text does not say whether the notice promise covers only that trigger or applying the Penalty APR for either trigger.
• The table gives no Daily Periodic Rate for the Penalty APR.

Cross-references

• referred to by (model-proposed): Returned payment fee is $29, or $40 on a repeat; a returned check costs $38 plus the unpaid amount — A payment returned by your bank can both carry a returned payment fee and be one of the two conditions under which American Express may apply the Penalty APR.

Charges & Financial Obligations · Company practice

Purchases are interest-free if you pay the whole balance by the due date; cash advances and balance transfers are not

The table's Paying Interest row says the Due Date is at least 25 days after the close of each billing period. American Express will not charge interest on purchases if you pay your entire balance (or, if you have a Plan It plan outstanding, your balance adjusted for plans) by the due date each month. Interest on cash advances and balance transfers starts on the transaction date.

Supporting quotations

Your Due Date is at least 25 days after the close of each billing period.

We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date.

We will begin charging interest on cash advances and balance transfers on the transaction date.

Qualifications & exceptions

• The no-interest result for purchases depends on paying the entire balance each month by the due date.
• If a plan is outstanding, the amount to pay is the balance adjusted for plans, not the full balance.
• Cash advances and balance transfers are charged interest from the transaction date.

Charges & Financial Obligations · Company practice

Plan It plans carry a monthly plan fee of up to 1.33%, a fixed finance charge

If you put a purchase or an amount into a Plan It plan, a monthly plan fee of up to 1.33% of each purchase or amount placed in the plan applies. The exact percentage depends on the plan duration, the APR that would otherwise apply, and other factors. The fee is a fixed finance charge charged each month the plan is active, and its dollar amount is disclosed before you set up a plan. Plan purchases or amounts are subject to the plan fee instead of the APR for purchases.

Supporting quotations

A monthly fee of up to 1.33% of each purchase or amount moved into a plan based on the plan duration, the APR that would otherwise apply to the purchase, and other factors.

This fee is a fixed finance charge that will be charged each month that a plan is active. The dollar amount of your plan fee will be disclosed before you set up a plan.

For more information, see About Plan It Feature in Part 2 of your Card Member Agreement.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

• The fee is described as "up to" 1.33%; the actual figure depends on duration, the APR that would otherwise apply, and other factors the table does not list.
• It is charged each month a plan is active, and the dollar amount is disclosed before you create the plan.
• Part 2 (About Plan It) governs how plans work; Part 1 points to it.

Not stated here

• The factors beyond duration and the otherwise-applicable APR ("other factors") are not listed.

Cross-references

• referred to by (model-proposed): Plan It lets you pay qualifying purchases over time for a monthly plan fee instead of the purchase APR — Part 2 describes how Plan It works, including that the plan balance bears the plan fee instead of the purchase APR, which the Part 1 plan fee row summarizes.

Charges & Financial Obligations · Company practice

The annual fee is $95; additional cards have no annual fee

The Rates and Fees Table lists an Annual Fee of $95. Part 1's How Rates and Fees Work points back to that table, and states the Annual Fee for Additional Cards is none.

Supporting quotations

Annual Fee

$95

This fee is on the Rates and Fees Table on page 1 of Part 1.

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• A separate refund rule for the Annual Fee appears in Part 3 (Closing or suspending your Account) and is covered with that section.

Not stated here

• The table does not say when in the year or billing cycle the fee is charged.

Cross-references

• qualified by (model-proposed): You can close the Account by phone or in writing; the Annual Fee is refundable only within 30 days of the Closing Date — The $95 Annual Fee is refundable only if you voluntarily close the Account within 30 days after the Closing Date of the statement showing the fee, subject to a Massachusetts exception whose scope is unclear.

Charges & Financial Obligations · Company practice

Fees are added to the purchase balance unless American Express says otherwise

As a general rule, fees are added to your purchase balance. The agreement states exceptions: the balance transfer fee is added to the same balance as the balance transfer, and the cash advance fee is added to the Cash Advance balance, and American Express may "tell you otherwise" for other fees.

Supporting quotations

We add fees to a purchase balance, unless we tell you otherwise.

We will add it to the same balance as the balance transfer.

We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• The default is stated as "unless we tell you otherwise", so the allocation can differ where American Express says so.
• Balance transfer and cash advance fees are expressly put on their own balances, which carry a different interest treatment.

Not stated here

• The fee section does not list which other circumstances American Express might use to place a fee elsewhere.

Cross-references

• has exception (model-proposed): Balance transfer fee: 3% of the transfer, at least $5, unless a promotion says otherwise — Fees go to the purchase balance unless American Express says otherwise, and the balance transfer fee is expressly added to the same balance as the balance transfer.
• has exception (model-proposed): Cash advance fee: 5% of the advance (including ATM operator fees), at least $10 — Fees go to the purchase balance unless American Express says otherwise, and the cash advance fee is expressly added to the Cash Advance balance instead.

Charges & Financial Obligations · Company practice

Balance transfer fee: 3% of the transfer, at least $5, unless a promotion says otherwise

The balance transfer fee is the greater of $5 or 3% of each transfer. Part 1's How Rates and Fees Work adds that a different fee may apply if stated in a promotional offer or at the time of a transaction. The fee is a finance charge and is added to the same balance as the balance transfer. The agreement defines a balance transfer as a charge to pay an amount you owe on another credit card account.

Supporting quotations

Either $5 or 3% of the amount of each transfer, whichever is greater.

Balance Transfer: 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge.

A balance transfer is a charge to pay an amount you owe on another credit card account.

Qualifications & exceptions

• A different fee may apply if stated in a promotional offer or at the time of a transaction.
• The fee is a finance charge and is added to the balance transfer balance.

Not stated here

• The table and the body text do not say how a different promotional fee would be communicated beyond "a promotional offer or at the time of a transaction".

Cross-references

• exception to (model-proposed): Fees are added to the purchase balance unless American Express says otherwise — Fees go to the purchase balance unless American Express says otherwise, and the balance transfer fee is expressly added to the same balance as the balance transfer.

Charges & Financial Obligations · Company practice

Cash advance fee: 5% of the advance (including ATM operator fees), at least $10

The cash advance fee is the greater of $10 or 5% of each cash advance. In How Rates and Fees Work the 5% is figured on the cash advance transaction "including fees charged by the ATM operator, if any", and the fee is added to the Cash Advance balance. Because the agreement defines cash advance to include cash equivalents such as foreign currency, money orders, digital currency, casino gaming chips and offline and online betting, the fee can apply to transactions that are not ATM withdrawals.

Supporting quotations

Either $10 or 5% of the amount of each cash advance, whichever is greater.

Cash Advance: 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10.

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Qualifications & exceptions

• The 5% is calculated on the amount including any ATM operator fee.
• What counts as a cash advance is set by the agreement's definition, which is broader than ATM withdrawals.

Not stated here

• The fee text does not mention any promotional or alternative cash advance fee, unlike the balance transfer fee.

Cross-references

• exception to (model-proposed): Fees are added to the purchase balance unless American Express says otherwise — Fees go to the purchase balance unless American Express says otherwise, and the cash advance fee is expressly added to the Cash Advance balance instead.
• defined by (model-proposed): Key defined terms: we, you, Card, charge, purchase, cash advance, balance transfer, plan and Closing Date — The definition of cash advance in Part 2 decides which transactions bear the 5% cash advance fee.

Charges & Financial Obligations · Company practice

Foreign transaction fee: 2.7% of the amount converted to U.S. dollars

A foreign transaction fee of 2.7% applies to each transaction after conversion to US dollars. How Rates and Fees Work calls it 2.7% of the converted U.S. dollar amount and points to Part 2's section on converting charges made in a foreign currency for the conversion process.

Supporting quotations

2.7% of each transaction after conversion to US dollars.

Foreign Transaction: 2.7% of the converted U.S. dollar amount. See Converting charges made in a foreign currency in Part 2.

Qualifications & exceptions

• The fee is figured on the converted U.S. dollar amount, so the exchange rate used affects the fee.

Not stated here

• Part 1 does not describe how the conversion rate is chosen; it refers to Part 2.

Charges & Financial Obligations · Company practice

Late and returned payment fees are $29, rising to $40 on a repeat; there is no overlimit fee

The Rates and Fees Table lists penalty fees: Late Payment up to $40, Returned Payment up to $40, and Overlimit none. A late payment fee is $29 if American Express does not receive the Minimum Payment Due by its Payment Due Date, and $40 if that happens again within the next 6 billing periods. A returned payment fee is $29 the first time a payment is returned unpaid when presented to your bank, and $40 if it happens again within the same billing period or the next 6 billing periods. For each, the fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement (for returned payments, the applicable Minimum Payment Due).

Supporting quotations

Up to $40. Up to $40. None

If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Minimum Payment Due on your prior billing statement.

If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40. However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Qualifications & exceptions

• Late fee: $29 first time, $40 if repeated within the next 6 billing periods; capped at the Minimum Payment Due on the prior billing statement.
• Returned payment fee: $29 first time, $40 if repeated in the same billing period or the next 6 billing periods; capped at the applicable Minimum Payment Due on the prior billing statement.
• Overlimit fee: none.

Charges & Financial Obligations · Company practice

Interest is figured by the average daily balance method, including new purchases

The table says American Express calculates interest using the average daily balance method, including new purchases, and refers to the How we calculate interest section in Part 2 for the detail.

Supporting quotations

We use a method called average daily balance method (including new purchases). See the How we calculate interest section in Part 2.

Qualifications & exceptions

• The detailed calculation is in Part 2 and is covered in that section.

Charges & Financial Obligations · Company practice

If the Prime Rate rises, variable APRs rise from the first day of the billing period in which it changed, up to 29.99%

When the Prime Rate increases, variable APRs (and the corresponding Daily Periodic Rates) increase, so you may pay more interest and may have a higher Minimum Payment Due. Changes take effect on the first day of the billing period during which the Prime Rate has changed. Variable APRs will not exceed 29.99%.

Supporting quotations

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due.

When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed.

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The change takes effect from the first day of the billing period in which the Prime Rate changed, not from the day of the change.
• 29.99% is a ceiling stated for variable APRs.

Not stated here

• The published agreement does not list any Daily Periodic Rate values, even though this passage mentions "corresponding DPRs"; Part 2 defines a DPR as 1/365th of an APR, and the agreement does not show the resulting values.

Cross-references

• qualifies (model-proposed): Purchase and balance transfer APRs are variable: Prime Rate + 12.74% to Prime Rate + 21.74% — The Explanation of Variable Rates sets when changes take effect and caps variable APRs at 29.99%, which qualifies the Prime Rate plus margin APRs in the table.

Charges & Financial Obligations · Context

Prime Rate means the highest U.S. Prime Rate published in The Wall Street Journal on the Closing Date

Prime Rate is the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If The Wall Street Journal does not publish a Prime Rate that day, American Express uses the rate from the previous day it was published. If the Journal stops publishing it, American Express may use the Prime Rate published in another newspaper of general circulation.

Supporting quotations

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period.

If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published.

If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

Qualifications & exceptions

• The reference date is the Closing Date of the billing period.
• The fallback source is "may use", at American Express's choice, and only another newspaper of general circulation.

Charges & Financial Obligations · Company practice

Returned payment fee is $29, or $40 on a repeat; a returned check costs $38 plus the unpaid amount

Two different returned-item fees are described. A returned payment fee applies when a payment you make is returned unpaid the first time American Express presents it to your bank: $29, or $40 if it happens again within the same billing period or the next 6 billing periods, never more than the applicable Minimum Payment Due on your prior billing statement. A separate returned check fee of $38 applies if you use your card to cash a check at one of American Express's approved locations and that check is returned unpaid; American Express will also charge you the unpaid amount.

Supporting quotations

Returned Payment: Up to $40. If you make a payment that is returned unpaid the first time we present it to your bank, the fee is $29. If you do this again within the same billing period or the next 6 billing periods, the fee is $40.

However, the returned payment fee on a billing statement will not exceed the applicable Minimum Payment Due on your prior billing statement.

Returned Check: $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount.

Qualifications & exceptions

• The returned payment fee is capped at the applicable Minimum Payment Due on the prior billing statement; the returned check fee has no such cap stated.
• A returned payment can also trigger the Penalty APR (see the Penalty APR card).

Cross-references

• refers to (model-proposed): A Penalty APR of Prime Rate + 26.74% can apply after a missed minimum payment or returned payment — A payment returned by your bank can both carry a returned payment fee and be one of the two conditions under which American Express may apply the Penalty APR.

Charges & Financial Obligations · Company practice

No overlimit fee, but an amount over the Credit Limit may have to be paid promptly

The Overlimit fee is none. American Express may approve charges that take your balance over your Credit Limit and, if it does, it will not charge an overlimit fee. However, if American Express asks you to promptly pay the amount of your balance above your Credit Limit, you agree to do so, and the Minimum Payment Due calculation adds up to 1/24th of any overlimit amount.

Supporting quotations

Overlimit: None. See Credit Limit and Cash Advance Limit in Part 1.

We may approve charges that cause your Account balance to go over your Credit Limit. If we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so.

up to 1/24th of any overlimit amount

Qualifications & exceptions

• Approval of charges over the Credit Limit is at American Express's discretion ("We may approve").
• No fee does not mean no obligation: you agree to pay promptly the amount above the Credit Limit if asked.
• Up to 1/24th of any overlimit amount is added to the Minimum Payment Due.

Not stated here

• The text does not say when or how American Express will ask for prompt payment of the overlimit amount.

Cross-references

• contrast (model-proposed): Minimum Payment Due is the highest of three amounts, plus penalty fees, overlimit, plan payments and past-due amounts — There is no overlimit fee, yet the Minimum Payment Due adds up to 1/24th of any overlimit amount and American Express may ask you to promptly pay the amount over the Credit Limit. The two pull in different directions on the cost of going over the limit.

Charges & Financial Obligations · Company practice

Re-opening a cancelled Account costs $25

If your Account is cancelled, you ask American Express to re-open it, and it does so, a $25 Account Re-opening fee applies. Three conditions all apply: cancellation, your request, and American Express agreeing to re-open.

Supporting quotations

Account Re-opening: $25 if your Account is cancelled, you ask us to re-open it, and we do so.

Qualifications & exceptions

• Applies only if all three events happen: cancelled, you ask, and American Express re-opens.

Charges & Financial Obligations · Company practice

American Express sets and can change your Credit Limit and Cash Advance Limit at any time, even if you pay on time

American Express assigns your Account a Credit Limit and may make part of it available for cash advances (the Cash Advance Limit). There may also be a limit on ATM withdrawals in a given period. The limits are shown on page 1 of Part 1 and on each billing statement. American Express may increase or reduce either limit, even if you pay on time and your Account is not in default. You agree to manage the Account so that your balance (including fees and interest) stays at or under the Credit Limit, and your cash advance balance (including fees and interest) stays at or under the Cash Advance Limit. Your plan balances (including plan fees) must also stay within the Credit Limit. Separately, American Express may decline a charge for various reasons, including suspected fraud or its assessment of your creditworthiness, even if the charge would not take you over the Credit Limit and your Account is not in default.

Supporting quotations

We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period.

We may increase or reduce your Credit Limit and Cash Advance Limit. We may do so even if you pay on time and your Account is not in default.

your Account balance (including fees and interest) is not more than your Credit Limit

your cash advance balance (including fees and interest) is not more than your Cash Advance Limit

You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• American Express may change the limits at its discretion, including a reduction while the Account is in good standing.
• Your agreement to stay within the limits sits alongside American Express's ability to approve some charges over the limit (see the overlimit card).
• A declined charge is not American Express's responsibility: it is not responsible for losses if it does not authorize a charge or a merchant refuses the Card.

Not stated here

• The specific ATM withdrawal limit is not stated in this agreement.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions are capped at $2,000 in any 30-day period

Your person-to-person transactions may not exceed $2,000 within any 30-day period, and you agree to manage your Account so that the total stays within that Person-to-Person Limit. American Express may not approve a person-to-person transaction if it would take the Account over the applicable person-to-person limit or the Credit Limit. A person-to-person transaction is defined as a charge for funds sent to another person or a charge to add funds to your Amex Send Account.

Supporting quotations

Person-to-Person Limit: Your person-to-person transactions may not exceed $2,000 within any 30-day period. You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period do not exceed the Person-to-Person Limit.

We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable person-to-person transaction limit or your Credit Limit.

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

Qualifications & exceptions

• The $2,000 limit is measured over any 30-day period, not a calendar month.
• A person-to-person transaction is also subject to the Credit Limit.

Charges & Financial Obligations · Procedure

Minimum Payment Due is the highest of three amounts, plus penalty fees, overlimit, plan payments and past-due amounts

For each billing statement, American Express starts with the highest of: (1) the interest charged on the statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount and plan balances); (2) 2% of the New Balance (excluding penalty fees, overlimit amount and plan balances); or (3) $40. It then adds any penalty fees shown on the statement, up to 1/24th of any overlimit amount, any plan payment due and any amount past due. The Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Supporting quotations

To calculate the Minimum Payment Due for each billing statement, we start with the highest of:

Interest charged on the billing statement plus 1% of the New Balance (excluding any interest, penalty fees, overlimit amount, and plan balances)

2% of the New Balance (excluding any penalty fees, overlimit amount, and plan balances)

$40.

Then we add any penalty fees shown on the billing statement, up to 1/24th of any overlimit amount, any plan payment due, and any amount past due.

Your Minimum Payment Due will not exceed your New Balance. You may pay more than the Minimum Payment Due, up to your New Balance, at any time.

Qualifications & exceptions

• The three-way test picks the highest value, then the add-ons are added on top.
• The Minimum Payment Due will not exceed the New Balance.
• Paying more than the minimum is allowed at any time, up to the New Balance.

Cross-references

• contrast (model-proposed): No overlimit fee, but an amount over the Credit Limit may have to be paid promptly — There is no overlimit fee, yet the Minimum Payment Due adds up to 1/24th of any overlimit amount and American Express may ask you to promptly pay the amount over the Credit Limit. The two pull in different directions on the cost of going over the limit.

Charges & Financial Obligations · Context

Worked example: with a $2,900 New Balance and $29.57 interest, the Minimum Payment Due is $58.27

The agreement's example assumes a $2,900 New Balance, $29.57 of interest and no active plans, overlimit amount, penalty fees or past-due amounts. Interest plus 1% of the balance (excluding interest) gives $58.27, 2% of $2,900 gives $58, and the fixed floor is $40. The highest, $58.27, is the Minimum Payment Due. The example also notes that active plans, an overlimit amount, penalty fees or past-due amounts would make the Minimum Payment Due higher.

Supporting quotations

Assume that your New Balance is $2,900, interest is $29.57, and you have no active plans, overlimit amount, penalty fees, or amounts past due.

$29.57 plus 1% multiplied by ($2,900 minus $29.57) equals $58.27

$58 (2% of $2,900)

$40

The highest of 1., 2., or 3. is $58.27. If your account has any active plans, overlimit amount, penalty fees, or amounts past due, your Minimum Payment Due will be higher.

Qualifications & exceptions

• The example illustrates the formula and does not set any actual amounts for an account.
• Any active plans, overlimit amount, penalty fees or amounts past due raise the Minimum Payment Due above the formula result.

Charges & Financial Obligations · Company practice

Purchases are interest-free while you are in an Interest Free Period

You are not charged interest on purchases while you are in an Interest Free Period. Your account enters one when you pay your New Balance as shown on the statement by the Payment Due Date, or when the account had no previous balance. When the account is not in an Interest Free Period, interest on purchases is charged from the date of the transaction. After you enter an Interest Free Period again, interest may still appear on your next billing statement, reflecting interest charged from the beginning of that billing cycle through the date your payment was received. "To pay by a certain date" means your payment must be received and credited to your Account by that date. If you have an active Plan It plan, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

You are not charged interest on purchases when you are in an Interest Free Period.

Your account enters an Interest Free Period when you pay your New Balance as shown on your statement by the Payment Due Date or your account had no previous balance.

When your account is not in an Interest Free Period, we charge interest on purchases from the date of the transaction.

After you enter an Interest Free Period again, interest may appear on your next billing statement. This reflects interest charged from the beginning of that billing cycle through the date the payment was received.

If you have an active plan created through Plan It, you can enter an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date.

Qualifications & exceptions

• Entering an Interest Free Period depends on paying the New Balance shown on the statement (or the plan-adjusted balance) by the Payment Due Date, or on having no previous balance.
• Interest may still appear on the next statement for the part of the cycle before the payment was received.
• Paying "by" a date means the payment is received and credited by that date.

Charges & Financial Obligations · Company practice

Balance transfers and cash advances are charged interest from the transaction date and have no Interest Free Period

Balance transfers and cash advances are charged interest from the date of the transaction and do not have an Interest Free Period. This differs from purchases, which can be interest-free if you pay your New Balance by the Payment Due Date. The section points to How we calculate interest for how interest charges are figured.

Supporting quotations

Balance Transfers and Cash Advances will be charged interest from the date of the transaction and do not have an Interest Free Period.

For more details about how we calculate your interest charges, see the How we calculate interest section of this agreement.

Qualifications & exceptions

• According to this passage the Interest Free Period does not apply to balance transfers or cash advances.

Legal Rights & Agreement Rules · Context

Parts 1, 2 and 3 and any supplements or amendments together make up the Card Member Agreement

Part 1, Part 2, Part 3 and any supplements or amendments together make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Supporting quotations

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement. You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Qualifications & exceptions

• Supplements and amendments are part of the Agreement, including the reward program supplement that follows.

Charges & Financial Obligations · Company practice

You earn Blue Cash Reward Dollars on eligible purchases, a percentage of eligible spend each billing period

The Blue Cash Preferred card earns Blue Cash Reward Dollars for eligible purchases. The number earned is a percentage of the dollar amount of eligible purchases in each billing period. Eligible purchases are purchases made on the Card for goods and services minus returns and other credits. The supplement then lists what eligible purchases do NOT include: fees or interest charges, balance transfers, cash advances (written without a comma between the two), purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents including gift cards, and person-to-person transactions. The percentage rates for each category are in the next section.

Supporting quotations

You will earn Blue Cash® Reward Dollars (reward dollars) for eligible purchases on your Blue Cash Preferred® from American Express Account.

The number of reward dollars you earn is based on a percentage of the dollar amount of your eligible purchases during each billing period. Eligible purchases are purchases made on your Card for goods and services minus returns and other credits.

Eligible purchases do NOT include: fees or interest charges, balance transfers cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions.

Qualifications & exceptions

• The agreement's general definition of a purchase includes person-to-person transactions, but person-to-person transactions are listed as not eligible for rewards.
• Returns and other credits reduce eligible purchases.

Charges & Financial Obligations · Restriction or exception

Fees, interest, cash-like transactions, prepaid cards and person-to-person transactions are not eligible purchases

Reward dollars are earned only on eligible purchases, and the agreement lists what is not an eligible purchase: fees or interest charges, balance transfers, cash advances (written without a comma between the two), purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents including gift cards, and person-to-person transactions. These transactions do not earn any reward rate, including the 1 percent rate.

Supporting quotations

Eligible purchases do NOT include: fees or interest charges, balance transfers cash advances, purchases of traveler's checks, purchases or reloading of prepaid cards, purchases of any cash equivalents, including gift cards, or person-to-person transactions.

Qualifications & exceptions

• The list is introduced as "do NOT include" and is written as a single run of items, so the grouping of "balance transfers cash advances" follows the printed text.

Charges & Financial Obligations · Company commitment

6% back on the first $6,000 a calendar year at U.S. supermarkets, with several store types excluded

You earn 6 percent on the first $6,000 of eligible purchases in a calendar year at supermarkets located in the U.S. The agreement says that superstores, convenience stores, warehouse clubs and meal-kit delivery services are not considered supermarkets, so purchases there do not qualify for this category. The text sets the $6,000 limit for supermarkets in a calendar year and does not state, in this passage, what rate applies to supermarket purchases beyond the first $6,000.

Supporting quotations

You will earn a reward of:

6 percent on the first $6,000 of eligible purchases in a calendar year at supermarkets located in the U.S. (superstores, convenience stores, warehouse clubs, and meal-kit delivery services are not considered supermarkets)

Qualifications & exceptions

• Applies only to eligible purchases (see the earning rules), and only the first $6,000 in a calendar year at U.S. supermarkets.
• Superstores, convenience stores, warehouse clubs and meal-kit delivery services are not considered supermarkets.
• Which stores count is decided by merchant category codes (see the merchant codes card).

Not stated here

• The agreement does not state the rate for supermarket purchases beyond the first $6,000; the only other rate stated is 1 percent on all other eligible purchases, and the text does not say whether that applies.

Charges & Financial Obligations · Company commitment

6% back on U.S. streaming subscriptions from select providers; bundled or third-party-billed ones may not qualify

You earn 6 percent on eligible purchases of U.S. streaming subscriptions from select providers. The current list of select providers is at americanexpress.com/rewards-info, which is not part of this document. If your subscription is bundled with another product or service, or billed by a third party such as a digital platform, a cable, telecommunications or internet provider, or a car manufacturer, your purchase may not be eligible.

Supporting quotations

6 percent on eligible purchases of U.S. streaming subscriptions from select providers (the current list of select providers is available at americanexpress.com/rewards-info).

If your subscription is bundled with another product or service or billed by a third party (such as a digital platform, a cable, telecommunications, or internet provider, or a car manufacturer), your purchase may not be eligible;

Qualifications & exceptions

• Only streaming subscriptions from select providers on a list kept at americanexpress.com/rewards-info.
• Bundled subscriptions and subscriptions billed by a third party (digital platform, cable, telecom or internet provider, car manufacturer) may not be eligible; the text says "may not", not that they never are.

Not stated here

• The list of select streaming providers is not in the supplied agreement.
• The text does not say how American Express decides whether a given bundled or third-party-billed subscription is eligible.

Charges & Financial Obligations · Company commitment

3% back at U.S. gas stations and on transit; 1% back on all other eligible purchases

You earn 3 percent on eligible purchases of gasoline at gasoline stations located in the U.S. Superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations. You earn 3 percent on eligible purchases on transit, including trains, taxicabs, ride share services, ferries, tolls, parking, buses and subways. Airfare, car rental and cruises are not considered transit. All other eligible purchases earn 1 percent.

Supporting quotations

3 percent on eligible purchases of gasoline at gasoline stations located in the U.S. (superstores, supermarkets and warehouse clubs that sell gasoline are not considered gas stations);

3 percent on eligible purchases on transit, including trains, taxicabs, ride share services, ferries, tolls, parking, buses, and subways (airfare, car rental and cruises are not considered transit); and 1 percent on all other eligible purchases.

Qualifications & exceptions

• The gasoline rate applies to gasoline at gas stations in the U.S.; sellers such as superstores, supermarkets and warehouse clubs are not considered gas stations even if they sell gasoline.
• Airfare, car rental and cruises are expressly outside transit.
• The 1 percent rate is for eligible purchases that do not fall in a higher category.

Charges & Financial Obligations · Restriction or exception

Reward categories follow merchant codes; inaccurate or indirect purchase data can mean no bonus rewards

Merchants are assigned codes based on what they primarily sell. American Express groups certain merchant codes into the categories that earn additional rewards, and a purchase with a merchant whose code is not in a reward category does not earn additional rewards. You may also not receive additional rewards if American Express receives inaccurate information or cannot identify the purchase as eligible for a category. The examples include when a merchant uses a third party to sell its products or services, when a merchant uses a third party to process or submit your transaction (for example mobile or wireless card readers), or when you pay through a third-party payment account or a mobile or digital wallet. For questions about additional rewards on a purchase, call the number on the back of your Card; americanexpress.com/rewards-info has more information.

Supporting quotations

Merchants are assigned codes based on what they primarily sell. We group certain merchant codes into categories that are eligible for additional rewards. A purchase with a merchant will not earn additional rewards if the merchant's code is not included in a reward category.

You may not receive additional rewards if we receive inaccurate information or are otherwise unable to identify your purchase as eligible for a reward category.

a merchant uses a third-party to sell their products or services; or a merchant uses a third-party to process or submit your transaction to us (e.g., using mobile or wireless card readers); or you choose to make a purchase using a third-party payment account or make a purchase using a mobile or digital wallet.

For questions about additional rewards on a purchase, call the number on the back of your Card.

Qualifications & exceptions

• Category depends on the merchant's assigned code, not on what the item bought actually was.
• The listed situations are examples ("for example"), not a complete list; the wording is "may not receive".
• More information is available at americanexpress.com/rewards-info, which is not part of this agreement.

Not stated here

• Which merchant codes are grouped into each category is not listed in the agreement.

Charges & Financial Obligations · Restriction or exception

No reward dollars for a billing period if the Minimum Payment Due is not paid on time; credits reduce rewards

You will not earn reward dollars for eligible purchases posted during a billing period if the Minimum Payment Due on that period's statement is not paid by the Payment Due Date shown on the statement. Credits for eligible purchases reduce the number of reward dollars you earn. Eligible purchases are defined as purchases for goods and services minus returns and other credits.

Supporting quotations

You will not earn reward dollars for eligible purchases posted to your Card Account during a billing period if the Minimum Payment Due shown on the statement for that billing period is not paid by the Payment Due Date shown on that statement.

Credits for eligible purchases will reduce the number of reward dollars you earn.

Eligible purchases are purchases made on your Card for goods and services minus returns and other credits.

Qualifications & exceptions

• The condition is tied to the Minimum Payment Due and the Payment Due Date on that billing period's statement.
• The text says reward dollars are not earned for that billing period's eligible purchases, and does not say whether earlier reward dollars are affected.

Not stated here

• The agreement does not say whether reward dollars withheld for a missed minimum payment can be restored by a later payment.

Charges & Financial Obligations · User right or choice

Reward dollars can be redeemed as statement credits at $1 each, but not toward the Minimum Payment Due

You can redeem reward dollars for statement credits with no minimum redemption amount. The statement credit appears on your Card Account within 3 days and applies to the billing period in which it appears. Reward dollars redeemed for a statement credit cannot be used to pay your Minimum Payment Due. Redemption is a statement credit of $1 per reward dollar, and partial reward dollars are redeemed at the equivalent amount (for example, 32.11 reward dollars for a $32.11 credit). American Express may, at its option, offer other ways to redeem from time to time, such as gift cards or merchandise. You cannot redeem reward dollars if your Card Account is cancelled or past due.

Supporting quotations

You can redeem reward dollars for statement credits with no minimum redemption amount. The statement credit will appear on your Card Account within 3 days and will apply to the billing period in which it appears.

Reward Dollars redeemed for a statement credit cannot be used to pay your Minimum Payment Due. Redemption will be in the form of a statement credit of $1 for every reward dollar redeemed.

From time to time we may, at our option, offer you other ways to redeem reward dollars, such as for gift cards or merchandise.

You cannot redeem reward dollars if your Card Account is cancelled or past due.

Qualifications & exceptions

• A statement credit cannot be used to pay the Minimum Payment Due.
• Other redemption options (gift cards, merchandise) are offered only "from time to time" and "at our option".
• Redemption is blocked while the Account is cancelled or past due, subject to the New York rule.

Cross-references

• has exception (model-proposed): New York Card Members get 90 days to redeem after cancellation notice and can redeem while past due, by phone — New York Card Members can redeem while past due and for 90 days after notice of cancellation, an exception to the general bar on redeeming reward dollars when the Account is cancelled or past due.

Charges & Financial Obligations · User right or choice

New York Card Members get 90 days to redeem after cancellation notice and can redeem while past due, by phone

For New York Card Members (Accounts with a New York billing address), the general bar on redeeming when an Account is cancelled or past due is relaxed. New York Card Members have 90 days from notification of cancellation to redeem reward dollars and can also redeem while the Account is past due. They must call the number on the back of the Card to redeem after notice of cancellation or while past due, and cannot redeem in the online Account or mobile app in those situations. The forfeiture rule is similarly softened: New York Card Members receive 90 days from notification of cancellation to redeem.

Supporting quotations

New York Card Members receive 90 days to redeem reward dollars from notification of the cancellation of your Card Account. New York Card Members can also redeem reward dollars while their Card Account is past due. You must call the number on the back of your Card to redeem after notification of account cancellation or while your account is past due. You will not be able to redeem in your online Account or mobile application.

You are a New York Card Member if your Card Account has a New York billing address.

New York Card Members receive 90 days to redeem reward dollars from notification of the cancellation of your Card Account.

Qualifications & exceptions

• Applies only if the Card Account has a New York billing address.
• Redemption in these situations is by phone only, not online or in the mobile application.

Cross-references

• exception to (model-proposed): Reward dollars can be redeemed as statement credits at $1 each, but not toward the Minimum Payment Due — New York Card Members can redeem while past due and for 90 days after notice of cancellation, an exception to the general bar on redeeming reward dollars when the Account is cancelled or past due.
• exception to (model-proposed): You forfeit your entire reward dollar balance if the Account is cancelled for any reason — New York Card Members receive 90 days to redeem from notification of cancellation, which qualifies the rule that the whole reward dollar balance is forfeited on cancellation for any reason.

Charges & Financial Obligations · Restriction or exception

You forfeit your entire reward dollar balance if the Account is cancelled for any reason

You will forfeit your entire reward dollar balance if your Card Account is cancelled for any reason. New York Card Members receive 90 days to redeem from notification of cancellation. Separately, if you violate or abuse the program, you may forfeit some or all of your accrued reward dollars.

Supporting quotations

You will forfeit your entire reward dollar balance if your Card Account is cancelled for any reason.

New York Card Members receive 90 days to redeem reward dollars from notification of the cancellation of your Card Account.

If you violate or abuse this program, you may forfeit some or all of your accrued reward dollars

Qualifications & exceptions

• The forfeiture trigger is cancellation "for any reason", which is broad and includes cancellation by either side as the text does not limit it.
• New York Card Members have a 90-day redemption window from notification of cancellation.
• Program violation or abuse can lead to loss of some or all accrued reward dollars ("may forfeit").

Not stated here

• The agreement does not define "violate or abuse this program".

Cross-references

• has exception (model-proposed): New York Card Members get 90 days to redeem after cancellation notice and can redeem while past due, by phone — New York Card Members receive 90 days to redeem from notification of cancellation, which qualifies the rule that the whole reward dollar balance is forfeited on cancellation for any reason.

Charges & Financial Obligations · Context

The Reward Dollars Summary on your statement is informational and can show a negative balance

The Reward Dollars Summary on a billing statement is for informational purposes only and does not show the actual reward dollars you may be entitled to. For example, a credit to your Card Account for eligible purchases can lower the reward dollars shown. If a credit puts your eligible purchases in a negative status, the summary shows a negative balance, and continues to do so until you accumulate eligible purchases exceeding the negative amount.

Supporting quotations

The reward dollars shown on your billing statement under the heading Reward Dollars Summary is only for informational purposes. It does not show the actual reward dollars that you may be entitled to receive.

If a credit to your Card Account places your eligible purchases in a negative status, the Reward Dollars Summary on your billing statement will show a negative balance. It will continue to show a negative balance until you accumulate eligible purchases exceeding the negative eligible purchases.

Qualifications & exceptions

• The summary is not a statement of entitlement.

Charges & Financial Obligations · Restriction or exception

Rewards are for personal use, are not cash, and American Express may change the program at its discretion

You only receive rewards for eligible purchases for personal, family or household use. Reward dollars are redeemable for rewards as described, and they are not cash. American Express may change the terms of the program at its discretion.

Supporting quotations

You will only receive rewards for eligible purchases for personal, family or household use.

Reward dollars are redeemable for rewards as described above, they are not cash.

We may change the terms of this program at our discretion.

Qualifications & exceptions

• Business purchases are not stated to earn rewards: only purchases for personal, family or household use do.

Not stated here

• The agreement does not say whether or how it will notify you of program changes.

Legal Rights & Agreement Rules · Context

You accept the agreement by using the Account or signing or keeping the Card; you can cancel unused cards without fees

Part 2 begins by saying that it, together with Part 1 and Part 3, makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and that any supplements or amendments are also part of the Agreement. You agree to the Agreement when you use the Account, or when you sign or keep the Card. If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Supporting quotations

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement.

When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

If you have not yet used the Account or made a payment on the Account after receiving a billing statement, you can cancel your Card without obligation to pay any fees.

Qualifications & exceptions

• Agreement is by conduct: using the Account or signing or keeping the Card is enough.
• The no-fee cancellation right is for a Card you have not yet used or made a payment on after receiving a billing statement.

Not stated here

• The sentence says "have not yet used the Account or made a payment on the Account after receiving a billing statement"; the text does not say whether both conditions must be met or only one, so the practical scope of the cancellation right is not fully clear from the wording alone.

Legal Rights & Agreement Rules · Permission or license

American Express may change the agreement, subject to applicable law; oral changes do not count

American Express may change the Agreement, subject to applicable law. The written Agreement is described as a final expression of the agreement governing the Account and cannot be modified or amended by any alleged oral agreement.

Supporting quotations

We may change this Agreement, subject to applicable law.

This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.

Qualifications & exceptions

• The right to change is "subject to applicable law"; the passage does not set a notice period or a way to reject a change.

Not stated here

• This passage does not say how or when you would be told of a change, or what happens if you do not accept it.

Legal Rights & Agreement Rules · Context

Key defined terms: we, you, Card, charge, purchase, cash advance, balance transfer, plan and Closing Date

Part 2 defines the terms the rest of the Agreement relies on. We, us and our mean the issuer shown on page 1 of Part 1; you and your mean the person who applied for the Account and for whom it was opened, called the Basic or Primary Card Member, who may request a Card for an Additional Card Member. A Card is any American Express Card or other device used to access the Account. A charge is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers and other offline and online betting transactions. A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex Send Account. A plan is a portion of your account balance you have chosen to pay over time through a set number of monthly payments using Plan It. The Closing Date, shown on each billing statement, is the last day of the billing period covered by the statement.

Supporting quotations

We, us, and our mean the issuer shown on page 1 of Part 1.

You and your mean the person who applied for this Account and for whom we opened the Account. We will refer to you as either the Basic or Primary Card Member. You may request a Card for an Additional Card Member.

Card means any American Express Card or other device that we issue to access your Account.

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges.

A purchase is a charge for goods, services, or person-to-person transactions.

A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

A balance transfer is a charge to pay an amount you owe on another credit card account.

A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It.

The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• These definitions control how other provisions apply; for example, the broad cash advance definition decides which transactions bear the cash advance fee and rate.
• The reward program separately excludes person-to-person transactions from eligible purchases even though they fall within the definition of purchase.

Cross-references

• defines (model-proposed): Cash advance fee: 5% of the advance (including ATM operator fees), at least $10 — The definition of cash advance in Part 2 decides which transactions bear the 5% cash advance fee.
• defines (model-proposed): Cash advances have a higher variable APR: Prime Rate + 21.99% — The definition of cash advance in Part 2 decides which transactions are charged the cash advance APR.

Account & Service Control · Restriction or exception

Card use is personal, family or household only; plans, cash advances and balance transfers are discretionary

You may use the Card to make charges. At its discretion, American Express may permit you to create plans, make cash advances or balance transfers. You cannot transfer balances from any other account issued by American Express or its affiliates. You agree to use the Card for personal, family or household purposes only.

Supporting quotations

You may use the Card to make charges. At our discretion, we may permit you to create plans, make cash advances or balance transfers.

You cannot transfer balances from any other account issued by us or our affiliates.

You agree to use the Card for personal, family, or household purposes only.

Qualifications & exceptions

• Plans, cash advances and balance transfers are not a guaranteed feature: they are permitted "at our discretion".
• Balance transfers from American Express or affiliate-issued accounts are excluded.
• Use is limited to personal, family or household purposes.

Sharing & Disclosure · Company practice

American Express may tell merchants who store your Card number if it or your Account status changes, unless you opt out

You can arrange for certain merchants and third parties to store your Card number and expiration date so that, for example, a merchant can charge your Account at regular intervals. American Express may, but is not required to, tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want American Express to share your updated Account information, you can contact it using the number on the back of your Card.

Supporting quotations

You may arrange for certain merchants and third parties to store your Card number and expiration date, so that, for example the merchant may charge your Account at regular intervals

We may (but are not required to) tell these merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled.

If you do not want us to share your updated Account information, please contact us using the number on the back of your Card.

Qualifications & exceptions

• The sharing is permissive ("may (but are not required to)") and covers expiration date or Card number changes and Account status updates, including cancellation.
• The way to stop the sharing is to contact American Express by phone; no online setting is described.

Not stated here

• The passage does not say which merchants and third parties are told or how often.

Security & Safeguards · Procedure

Keep your Card safe, report loss or misuse right away, and do not use the Account for illegal activities

You are told to keep your Card safe and not let anyone else use it. If your Card is lost or stolen or the Account is being used without your permission, you should contact American Express right away. You may not use the Account for illegal activities.

Supporting quotations

Keep your Card safe and don't let anyone else use it. If your Card is lost or stolen or your Account is being used without your permission, contact us right away.

You may not use your Account for illegal activities.

Qualifications & exceptions

• The passage gives no dollar liability limit for unauthorized use.

Not stated here

• This passage does not state your liability for unauthorized use.

Account & Service Control · Company practice

American Express may decline a charge for various reasons, even within your limit, without responsibility for losses

American Express may decline to authorize a charge for various reasons, including if it suspects fraud or based on its assessment of your creditworthiness, even if the charge would not take you over your Credit Limit and even if the Account is not in default. It is not responsible for losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.

Supporting quotations

We may decline to authorize a charge for various reasons, including if we suspect fraud or based on our assessment of your creditworthiness, even if the charge would not cause you to go over your Credit Limit and even if your Account is not in default.

We are not responsible for any losses you incur if we do not authorize a charge or if any merchant refuses to accept the Card.

Qualifications & exceptions

• "Various reasons, including" means the listed reasons (suspected fraud, creditworthiness assessment) are examples, not the full list.

Charges & Financial Obligations · Permission or license

Plan It lets you pay qualifying purchases over time for a monthly plan fee instead of the purchase APR

American Express may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. The fee is a fixed finance charge charged each month a plan is active. You select qualifying purchases or a qualifying amount and a plan duration, and you can view the monthly plan payments, including the plan fee, before you create it. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. Once set up, the purchases or amount are added to a plan balance and subject to a plan fee instead of the APR for purchases. A qualifying purchase is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) exclude cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees and any fee owed to American Express, such as Annual Fees.

Supporting quotations

We may offer you Plan It, which allows you to create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee. This fee is a fixed finance charge that will be charged each month that a plan is active.

You may use this feature by selecting qualifying purchases or a qualifying amount and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection.

Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors.

When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance.

Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• Plan It is something American Express "may offer", not a guaranteed feature.
• The plan fee replaces the purchase APR for the plan balance.
• Purchases subject to Foreign Transaction Fees, cash or cash equivalents, balance transfers and fees owed to American Express do not qualify.

Not stated here

• The specified dollar amount for a qualifying purchase and the specified portion of balance for a qualifying amount are not stated in the agreement.
• The "other factors" behind the plan fee are not listed.

Cross-references

• refers to (model-proposed): Plan It plans carry a monthly plan fee of up to 1.33%, a fixed finance charge — Part 2 describes how Plan It works, including that the plan balance bears the plan fee instead of the purchase APR, which the Part 1 plan fee row summarizes.

Charges & Financial Obligations · Restriction or exception

Your ability to create plans depends on creditworthiness and account status, and American Express can change plan limits

Your ability to create Plan It plans is based on a variety of factors such as your creditworthiness and your Credit Limit. You cannot create plans if your Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express tells you the number of active plans you may have and may change that number at any time. The plan durations offered, and whether you can include several qualifying purchases or a qualifying amount in one plan, are at its discretion and depend on factors such as creditworthiness, purchase amounts and Account history. You agree to manage the Account so that your total plan balances (including plan fees) are not more than your Credit Limit.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit.

You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time.

The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history.

You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Qualifications & exceptions

• The conditions that block plan creation cover any of your American Express accounts, not only this one.
• The number of active plans and the durations offered are discretionary and can change at any time.

Not stated here

• The agreement does not list all the factors, and does not state the number of active plans allowed.

Charges & Financial Obligations · Restriction or exception

Plans cannot be cancelled once created, but you can pay one off early to stop future plan fees

Plans cannot be cancelled after they are created. You can choose to pay a plan early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Supporting quotations

Plans cannot be cancelled after they have been created but you can choose to pay them early by paying the New Balance shown on your most recent billing statement in full. If you pay a plan off early, you will not incur any future plan fees on that plan.

Qualifications & exceptions

• The early payoff route is paying the full New Balance from your most recent billing statement; it is not stated as a separate plan-only payment.

Charges & Financial Obligations · Company practice

You promise to pay all charges on the Account, including those made by Additional Card Members or others you allow

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make or permit others to make, even if the Card is not presented or no one signs for the transaction. You must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each billing statement.

Supporting quotations

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.

You must pay at least the Minimum Payment Due on or before the Payment Due Date in the time and manner shown on each billing statement.

Qualifications & exceptions

• Responsibility covers charges that others make with your permission, and charges made without presenting the Card or signing.

Charges & Financial Obligations · Procedure

Pay in U.S. dollars by check, negotiable instrument or electronic payment; mail a separate payment per Account

Payments are made in U.S. dollars by a single check drawn on a U.S. bank, by a single negotiable instrument clearable through the U.S. banking system (for example a money order), or by an electronic payment that can be cleared through the U.S. banking system. For payments by mail, make a separate payment for each Account, mail it to the address shown on the payment coupon on your billing statement, and write your Account number on your check or negotiable instrument and include the payment coupon.

Supporting quotations

Make payments to us in U.S. dollars with:

a single check drawn on a U.S. bank

a single negotiable instrument clearable through the U.S. banking system, for example a money order

an electronic payment that can be cleared through the U.S. banking system

When making a payment by mail:

make a separate payment for each Account

mail your payment to the address shown on the payment coupon on your billing statement

write your Account number on your check or negotiable instrument and include the payment coupon

Qualifications & exceptions

• Each method has to be clearable through the U.S. banking system.

Charges & Financial Obligations · Procedure

Compliant payments are credited the day received, non-compliant ones may be delayed, foreign-currency ones are refused

If your payment meets the requirements, American Express credits it to your Account as of the day it receives it, as long as it arrives by the time and in the manner disclosed on your billing statement; if received after that time it is credited the next day. If a payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges. American Express will not accept a payment in a foreign currency or drawn on an account at a bank outside the U.S. If it processes a late payment, a partial payment or a payment marked with restrictive language, that has no effect on its rights and does not change the Agreement.

Supporting quotations

If your payment meets the above requirements, we will credit it to your Account as of the day we receive it, as long as we receive it by the time and in the manner disclosed in your billing statement. If we receive it after that time, we will credit the payment on the day after we receive it.

If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late payment fees and additional interest charges (see the How Rates and Fees Work in Part 1).

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S.

If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Qualifications & exceptions

• Credit date depends on the statement-disclosed time and manner of payment.
• Processing a late, partial or restricted-language payment does not waive any right of American Express.

Charges & Financial Obligations · Procedure

Payment order: the minimum goes to plans and the lowest-rate balance first; any excess to the highest-rate balance first

Your Account may have balances at different interest rates (for example purchases at a lower rate than cash advances) and plan balances with plan fees. American Express says it generally applies payments in a billing period this way. Up to the Minimum Payment Due, payments go first to any plan amounts included in the Minimum Payment Due, then to the balance with the lowest interest rate, then to balances with higher rates. After the Minimum Payment Due is paid, payments go to the balance with the highest interest rate, then to lower-rate balances, and then to any plan balances. In most cases a credit is applied to the same balance as the related charge, such as a purchase credit to the purchase balance. American Express may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. A negative balance at the end of a billing period is redistributed to other balances under the same payment order, so plan balances may be paid before they otherwise would be. If you receive a credit for a purchase placed into a plan, you must call the number on the back of your Card to have the credit applied to the plan balance.

Supporting quotations

Your Account may have balances with different interest rates. For example, purchases may have a lower interest rate than cash advances. Your Account may also have Plan balances which are assessed Plan fees.

We apply your payments, up to the Minimum Payment Due, first to any Plan amounts included in your Minimum Payment Due, then to the balance subject to the lowest interest rate, and then to balances subject to higher interest rates.

After the Minimum Payment Due has been paid, we apply your payments to the balance subject to the highest interest rate, then to balances subject to lower interest rates, and then to any Plan balances.

In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

If there is a negative balance in any balance on the account at the end of a billing period, that excess credit will be redistributed to other balances in accordance with how we apply payments described above. This means that in certain circumstances, Plan balances may get paid before they otherwise would.

If you receive a credit for a purchase placed into a plan, you must call us at the number on the back of your Card to have the credit applied to the Plan balance.

Qualifications & exceptions

• The order is described with the word "generally"; American Express keeps discretion within balances and among balances with the same interest rate.
• Because amounts above the Minimum Payment Due go to the highest-rate balance first, extra payments go first toward the most expensive balance, and plan balances come last.
• A purchase credit for a purchase in a plan is not applied to the plan balance automatically: you must call.

Charges & Financial Obligations · Procedure

Interest is figured on each balance by average daily balance times daily periodic rate times days in the billing period

American Express calculates interest for a billing period by first figuring the interest on each balance. Different categories of transactions, such as purchases and cash advances, may have different interest rates, and balances within a category may also have different rates. It uses the Average Daily Balance method (including new transactions) for each balance, and the total interest for a billing period is the sum of the interest on each balance. Except for rounding, interest on a balance equals the Average Daily Balance multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Supporting quotations

We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions--such as purchases and cash advances--may have different interest rates. Balances within each category may also have different interest rates.

We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.

The interest charged for a balance in a billing period, except for variations caused by rounding, equals:

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period.

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work in Part 1.

Qualifications & exceptions

• Each balance with a different rate is figured separately and the results added.
• Results can vary slightly because of rounding.

Not stated here

• The agreement says "Your DPRs are shown in How Rates and Fees Work in Part 1", but the published agreement does not list any Daily Periodic Rate: its How Rates and Fees Work section in Part 1 gives APRs as Prime Rate plus a margin and no DPR values. This analysis does not compute DPR values from the APRs or take them from any other agreement.

Cross-references

• defined by (model-proposed): ADB and DPR are defined here; the agreement points to Part 1 for your DPRs but does not list any — Part 2 defines the DPR used in the interest formula as 1/365th of an APR and refers to Part 1 for values that the published Part 1 does not list.

Charges & Financial Obligations · Context

ADB and DPR are defined here; the agreement points to Part 1 for your DPRs but does not list any

Part 2 explains that the Average Daily Balance (ADB) for a balance is found by adding up its daily balances and dividing by the number of days in the billing period, and that a Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. It then says "Your DPRs are shown in How Rates and Fees Work in Part 1." The public Part 1 does not do this: its How Rates and Fees Work section holds only the Explanation of Variable Rates, Determining the Prime Rate and the Fees and limits text, and the Rates and Fees Table gives APRs as the Prime Rate plus a margin (some as a range) with no DPR values. Because variable APRs change with the Prime Rate, the corresponding DPRs change too.

Supporting quotations

ADB: To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days in the billing period.

DPR: A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Your DPRs are shown in How Rates and Fees Work in Part 1.

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.

Qualifications & exceptions

• A DPR is derived from an APR (1/365th of it) and so moves with variable APRs when the Prime Rate changes.
• The reference to Part 1 is a gap in this published agreement; it may refer to a Card Member's personal Part 1, which is not supplied.

Not stated here

• The published agreement does not show any DPR. This analysis does not compute DPR values from the APRs or take them from another agreement or a personal Part 1.

Cross-references

• defines (model-proposed): Interest is figured on each balance by average daily balance times daily periodic rate times days in the billing period — Part 2 defines the DPR used in the interest formula as 1/365th of an APR and refers to Part 1 for values that the published Part 1 does not list.

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, $2,250 average daily balance and 30 days gives $29.57 of interest

The agreement's example assumes a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which it gives as 0.0438%. Interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

Supporting quotations

EXAMPLE: Calculating Interest

Assume that you have a single interest rate of 15.99%, your ADB is $2,250 and there are 30 days in the billing period. The DPR is 15.99% divided by 365 days equals 0.0438%

The Interest is $2,250 multiplied by 0.0438% multiplied by 30 days equals $29.57

Qualifications & exceptions

• The 15.99% rate is a made-up illustration and is not a rate stated for this card.

Charges & Financial Obligations · Procedure

Daily balances add new charges as of the transaction date, and interest compounds daily

American Express figures the daily balance for each balance by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, and a negative daily balance is treated as zero. For the first day of a billing period the beginning balance is the prior period's ending balance, including unpaid interest. For the rest of the period the beginning balance is the previous day's daily balance plus an amount of interest equal to that daily balance multiplied by the DPR. The agreement states this results in daily compounding of interest.

Supporting quotations

Daily Balance: We figure the daily balance for each balance by:

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

We add a new charge to a daily balance as of its transaction date. If the daily balance is negative, we treat it as zero.

For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day's daily balance plus an amount of interest equal to the previous day's daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest.

Qualifications & exceptions

• Unpaid interest becomes part of the balance that later interest is charged on.

Charges & Financial Obligations · Permission or license

American Express may use other equivalent calculation methods and may choose not to charge interest on certain charges

To figure the ADB and interest charges, American Express may use other formulas or methods that produce equivalent results. It may also choose not to charge interest on certain types of charges.

Supporting quotations

Other methods: To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges.

Qualifications & exceptions

• Other methods must produce equivalent results; the choice not to charge interest on certain charges is American Express's.

Not stated here

• The passage does not say which types of charges might not bear interest.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: a 36% rate limit for covered borrowers, and the arbitration provision does not apply to them

The agreement states that federal law protects members of the Armed Forces and their dependents: in general the cost of consumer credit to them may not exceed an annual percentage rate of 36 percent, a rate that must include, as applicable, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account). It gives a number to hear the statement and a description of your payment obligation. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you for this Account. The next sentence adds: "However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement."

Supporting quotations

In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent.

This rate must include, as applicable to the credit transaction or Account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or Accounts); and any participation fee (other than certain participation fees for a credit Card Account).

To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.

If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section of this Agreement will not apply to you in connection with this Account. However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement.

Qualifications & exceptions

• The 36% limit is described "in general" and the listed cost items are "as applicable" and subject to exceptions for certain application and participation fees.
• The arbitration carve-out is for covered borrowers under the Military Lending Act.

Not stated here

• The sentence "if you elect arbitration, we will comply with our obligations" sits next to a statement that the Arbitration provision does not apply; the agreement does not say how a covered borrower's election of arbitration is reconciled with the provision not applying, so the practical scope of that sentence is not clear from the text.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — The Military Lending Act notice says the Arbitration provision does not apply to a covered borrower, which limits the general right of either side to elect individual arbitration; the same sentence adds that if the borrower elects arbitration American Express will comply with its obligations under Claims Resolution, so the practical scope is left unclear.

Account & Service Control · Company practice

Additional Cards can be issued at your request, and their use may be reported to credit reporting agencies

American Express may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of the Agreement, and American Express may report their use of your Account to credit reporting agencies. The Agreement says that if an Annual Fee applies to Additional Cards it is shown on page 2 of Part 1; in this published Part 1 the Annual Fee for Additional Cards is none.

Supporting quotations

We may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies.

If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.

Qualifications & exceptions

• Issuing an additional Card is at your request and "may" be done.

Account & Service Control · Company practice

You answer for all use by Additional Card Members and anyone they allow; Account information may be shared with them

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use it, and you must pay for all charges made. You also authorize American Express to give Additional Card Members information about your Account and to discuss it with them. You can contact American Express to cancel an Additional Card Member's ability to use your Account. If an Annual Fee applies to an Additional Card, the refund policy is in the Closing or suspending your Account sub-section of Part 3, and if a single Annual Fee applies for a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed.

Supporting quotations

You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made.

You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.

If an Annual Fee applies for an Additional Card, please refer to the refund policy disclosed in the Closing or suspending your Account sub-section of Part 3 of this Agreement. If a single Annual Fee applies for a group of Additional Cards on your Account, this policy will apply when you cancel the Additional Card on which the fee was assessed.

Qualifications & exceptions

• Responsibility extends to anyone an Additional Card Member lets use the Account.

Account & Service Control · Company practice

American Express sends notices by mail, courier or electronically and treats them as given when mailed or delivered

American Express sends notices by U.S. mail, courier, or electronically using the information in its records. It considers a notice given when it mails the notice or delivers it electronically, not when you receive or read it.

Supporting quotations

We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.

Qualifications & exceptions

• The notice is treated as given at mailing or electronic delivery.

Account & Service Control · Permission or license

You authorize American Express and its contractors to contact you by any method, including autodialer and texts

If American Express needs to contact you to service your account or collect amounts you owe, you authorize it and its affiliates, agents and contractors (such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact it, or at which it believes it can reach you. It may contact you in any way permitted by law, such as calling, texting, emailing or sending mobile application push notifications, using an automated dialer or prerecorded messages, and on a mobile, wireless or similar device even if you are charged for it.

Supporting quotations

If we need to contact you to service your account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you.

We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• The authorization covers service and collection contact, and extends to affiliates, agents and contractors.
• It includes numbers and addresses American Express believes it can reach you at, not only those you gave.
• Methods are "in any way ... permitted by law", and include automated dialer, prerecorded messages and contact on a device for which you are charged.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

American Express may monitor and record any calls between you and it.

Supporting quotations

We may monitor and record any calls between you and us.

Qualifications & exceptions

• The right covers "any calls" between you and American Express; the passage does not say whether you are told on each call.

Not stated here

• The passage does not say how long recordings are kept or how they are used.

Account & Service Control · Procedure

You must tell American Express immediately if your address, email or phone changes, separately for each Account

You must notify American Express immediately if you change your mailing address, email address or telephone number. If you have more than one Account, you need to notify it separately for each Account. American Express may update your billing address if it receives information that it has changed or is incorrect.

Supporting quotations

You must notify us immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify us separately for each Account. We may update your billing address if we receive information that it has changed or is incorrect.

Qualifications & exceptions

• Notice is required for each Account separately.

Legal Rights & Agreement Rules · Restriction or exception

If American Express credits a disputed charge, you assign it your claims against the merchant for that amount

If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to it all rights and claims (excluding tort claims) against the merchant. You agree not to pursue any claim against the merchant for the credited amount, and you must cooperate with American Express if it decides to do so.

Supporting quotations

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so.

Qualifications & exceptions

• The crediting is discretionary ("may credit") and can be for part of the charge.
• The assignment excludes tort claims and concerns the credited amount.

Not stated here

• The sentence "you must cooperate with us if we decide to do so" does not say what "do so" refers to; it most plausibly refers to pursuing the merchant, but the text does not say.

Data Access & Collection · Permission or license

American Express may obtain credit reports and other information about you and use it for any purpose, incl. marketing

You agree that American Express will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You agree that it will use that information for any purposes, for example marketing to you or evaluating you for a new account, subject to applicable law.

Supporting quotations

You agree that we will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources including information to verify and re-verify your employment and income.

And you agree that we will use such information for any purposes (for example, marketing to you or evaluating you for a new account), subject to applicable law.

Qualifications & exceptions

• Use of the information is for "any purposes", with marketing and evaluating you for a new account given as examples, and is subject to applicable law.
• This is an ongoing authorization: employment and income can be verified and re-verified.

Not stated here

• The passage does not list the other sources of information.

Sharing & Disclosure · Company practice

American Express reports Account information to credit bureaus; you can write to dispute incorrect information

You agree that American Express will give information about the Account to credit reporting agencies and will tell a credit reporting agency if you fail to comply with the terms of the Agreement, which may have a negative impact on your credit report. If you believe information it gave a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.

Supporting quotations

You agree that we will give information about the Account to credit reporting agencies. We will tell a credit reporting agency if you fail to comply with the terms of this Agreement. This may have a negative impact on your credit report.

If you believe information we have given to a credit reporting agency is incorrect, write to us at: American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537. When you write to us, tell us the specific information you believe is incorrect.

Qualifications & exceptions

• Reporting covers Account information in general and failures to comply with the Agreement.
• The dispute route described is by writing, to a named address, identifying the specific information.

Account & Service Control · Restriction or exception

The Account may be treated as in default for violations, false information, bankruptcy or inability to pay

American Express may consider your Account in default if you violate a provision of the Agreement, give it false information, file for bankruptcy, default under another agreement you have with it or an affiliate, or if it believes you are unable or unwilling to pay your debts when due.

Supporting quotations

We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

you default under another agreement you have with us or an affiliate, or

we believe you are unable or unwilling to pay your debts when due.

Qualifications & exceptions

• The text says "may consider", so default is at American Express's option.
• Default can rest on American Express's belief that you are unable or unwilling to pay your debts when due, which is not tied to missing a payment on this Account.
• A default under another agreement with American Express or an affiliate counts.

Not stated here

• The agreement does not define what counts as a violation serious enough, or give a cure period.
• Any other agreement you have with American Express or an affiliate is not supplied here, so this card cannot say what counts as a default under it.

Cross-references

• referred to by (model-proposed): After default, incapacity or death, American Express may suspend charges, cancel features and demand the balance — The remedies apply when American Express considers the Account in default, the conditions for which are listed in the default triggers.

Account & Service Control · Permission or license

After default, incapacity or death, American Express may suspend charges, cancel features and demand the balance

If American Express considers your Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law: suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your Account balance immediately.

Supporting quotations

If we consider your Account in default, or if you become incapacitated or die, we may, to the extent permitted by federal and applicable state law:

suspend your ability to make charges,

cancel or suspend any feature on your Account,

require you to pay more than your Minimum Payment Due immediately, and

require you to pay your Account balance immediately.

Qualifications & exceptions

• The remedies are "may" and apply only to the extent permitted by federal and applicable state law.
• Incapacity or death triggers the same remedies without a default being declared.

Cross-references

• refers to (model-proposed): The Account may be treated as in default for violations, false information, bankruptcy or inability to pay — The remedies apply when American Express considers the Account in default, the conditions for which are listed in the default triggers.

Charges & Financial Obligations · Restriction or exception

You agree to pay American Express's reasonable collection costs, including attorneys' fees

You agree to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect amounts you owe.

Supporting quotations

You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.

Qualifications & exceptions

• Only reasonable costs, but they include attorneys' fees.

Account & Service Control · Permission or license

American Express may close or suspend your Account at any time for any reason; you remain responsible for charges

American Express may, at any time and for any reason, cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account. If it does, you must still pay for all charges under the Agreement. If it later agrees to reinstate your Account, it may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Supporting quotations

We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

If we later agree to reinstate your Account, we may reinstate any additional Cards issued on your Account and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

• "At any time and for any reason" is not limited to default.
• You remain liable for charges after cancellation or suspension.
• Reinstatement is at American Express's agreement and may carry annual fees and a reinstatement fee.

Account & Service Control · User right or choice

You can close the Account by phone or in writing; the Annual Fee is refundable only within 30 days of the Closing Date

You may close your Account by calling or writing to American Express. If an Annual Fee applies, it will be refunded if you notify it that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears; after that 30-day period the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts when you close your Account, "this policy will not apply to you". If your account is cancelled and re-opened at your request, American Express may charge a $25 fee.

Supporting quotations

You may close your Account by calling us or writing to us.

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after this 30-day period, the Annual Fee is non-refundable.

If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

If your account is cancelled and we re-open it at your request, we may charge you a $25 fee.

Qualifications & exceptions

• The refund window is 30 days from the Closing Date of the statement that shows the Annual Fee, and the closure must be voluntary.
• The refund applies if you notify American Express of voluntary closure within the window.
• The Massachusetts sentence follows the refund policy and says "this policy will not apply to you"; the text does not say what applies instead for a Massachusetts billing address.

Not stated here

• The wording "this policy will not apply to you" for Massachusetts billing addresses is ambiguous in practical scope: it may mean the 30-day limit does not apply or that the refund does not, and the passage does not say which.

Cross-references

• qualifies (model-proposed): The annual fee is $95; additional cards have no annual fee — The $95 Annual Fee is refundable only if you voluntarily close the Account within 30 days after the Closing Date of the statement showing the fee, subject to a Massachusetts exception whose scope is unclear.

Charges & Financial Obligations · Permission or license

Paying by check authorizes a one-time electronic withdrawal, possibly the same day, with the check not returned

When you pay American Express by check, you authorize it to use information from your check, such as the routing number, account number and check serial number, to make a one-time electronic fund transfer from your bank or other asset account. Your payment may be withdrawn as soon as the same day American Express receives your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, American Express may process your payment as a check transaction.

Supporting quotations

When you pay us by check, you authorize us to use information from your check (such as routing number, account number and check serial number) to make a one-time electronic fund transfer from your bank or other asset account.

your payment may be withdrawn from your bank or other asset account as soon as the same day we receive your check, and you will not receive that check back from your bank or financial institution. In certain circumstances, we may process your payment as a check transaction.

Qualifications & exceptions

• The authorization covers a one-time electronic fund transfer using information from the check.
• The check is not returned to you, and the withdrawal can be the same day.

Not stated here

• "Certain circumstances" in which the payment is processed as a check transaction are not described.

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AE Exposure Management Ltd. at a rate it chooses

If you make a charge in a foreign currency, AE Exposure Management Ltd. (AEEML) converts it into U.S. dollars on the date American Express or its agents process it, and you are billed in U.S. dollars based on that conversion. Unless a particular rate is required by law, AEEML chooses a rate acceptable to American Express for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. That rate may differ from rates in effect on the date of your charge. Charges converted by establishments such as airlines are billed at the rates those establishments use. The 2.7% foreign transaction fee is figured on the converted U.S. dollar amount.

Supporting quotations

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.

Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge.

We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• The conversion date is the processing date, not the date of your charge, so the rate can differ from the rate on the date of the charge.
• The rate is a ceiling ("no more than" the highest official or interbank rate), not a promise of the best rate.
• Where an establishment converts the charge, its rate is used.

Not stated here

• The agreement does not publish the actual conversion rate or any margin; the text only sets an upper bound.

Data Access & Collection · Company practice

Charges at federal agencies that accept the Card: charge information is collected for billing, reporting and marketing

Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, American Express collects certain charge information. That information may be put to routine uses such as processing, billing and collections, and may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Supporting quotations

Privacy Act of 1974: Some federal agencies may accept the Card under authority of statute. When you make charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other routine uses by agencies may be published in the Federal Register.

Qualifications & exceptions

• The notice is headed Privacy Act of 1974 and applies to charges at federal agencies that accept the Card.

Not stated here

• The passage does not say which charge information is collected.

Sharing & Disclosure · Company practice

American Express and affiliates may tell you about fee-based products, and compensation may influence what they promote

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of its affiliates may act on behalf of a provider of these products and may be compensated for this. The insurance products are not offered or sold by American Express or on its behalf. Its affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. The agreement says compensation may influence what products and providers American Express or its affiliates tell you about.

Supporting quotations

We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf.

Our affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers we or our affiliates tell you about.

Qualifications & exceptions

• The products may have a fee.
• Compensation to American Express or affiliates may influence which products and providers are promoted.

Sharing & Disclosure · Permission or license

American Express may share information about you with its affiliates for product marketing and may be compensated for it

American Express may share information about you with its affiliates so they can identify products that may interest you. It may be compensated for this information.

Supporting quotations

We may share information about you with our affiliates so they can identify products that may interest you. We may be compensated for this information.

Qualifications & exceptions

• The stated purpose is to let affiliates identify products that may interest you.

Not stated here

• This passage does not say which information is shared or give a way to limit the sharing.

Account & Service Control · Permission or license

American Express may add, modify or remove any benefit, feature or service tied to your Account at its discretion

American Express has the right to add, modify or remove any benefit, feature or service included with or related to your Account at its discretion.

Supporting quotations

We have the right to add, modify or remove any benefit, feature or service included with or related to your Account at our discretion.

Not stated here

• The passage does not describe notice before a benefit is changed or removed.

Legal Rights & Agreement Rules · Permission or license

American Express may assign the Agreement and Account without notice; you may not; delayed enforcement is no waiver

American Express may sell, transfer or assign the Agreement and your Account at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations. If American Express delays enforcing or does not exercise its rights under the Agreement, that does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.

We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Qualifications & exceptions

• The right to assign is one-sided: American Express may, you may not.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement, with a Maryland election for Maryland billing addresses

Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. The Agreement says American Express entered into it with you in Utah, where it is located and holds your Account. For Maryland residents, if your Account has a Maryland billing address, American Express elects to offer the Account under Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.

Supporting quotations

Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.

Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.

Qualifications & exceptions

• The Maryland election is tied to a Maryland billing address and applies only to the extent, if any, that Maryland law applies.

Not stated here

• The text of the cited Maryland statute is not supplied, so this card does not say what that election means in practice.

Charges & Financial Obligations · User right or choice

Oregon residents: service charges not above those permitted by law, and you may pay more than the minimum at any time

The Oregon notice says service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, and that you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Supporting quotations

Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• The notice is addressed to Oregon residents.

Charges & Financial Obligations · User right or choice

Washington State: no interest for delay in posting a credit, per the cited Washington statute

The Washington notice says that, in accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven, if you have notified American Express of the merchant's delay in posting the credit, or from American Express's failure to post such a credit to your Account within three working days of its receipt of the credit.

Supporting quotations

Notice for residents of Washington State: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven if you have notified us of the merchant's delay in posting such credit, or our failure to post such credit to your Account within three working days of our receipt of the credit.

Qualifications & exceptions

• The notice is addressed to residents of Washington State.
• Interest relief is limited to charges that result solely from the delay.

Not stated here

• The sentence joins the merchant-delay case, which mentions that you have notified American Express, with American Express's own failure to post within three working days using "or"; the text does not say whether your notice is also required for the second case.
• The text of the cited statute is not supplied, so this card does not describe the statute beyond what the notice says.

Legal Rights & Agreement Rules · Context

Claims Resolution: call Customer Service first, then mediation, arbitration or litigation; arbitration can be rejected

The Claims Resolution section says most concerns can be resolved by calling Customer Service at the number on the back of your Card. If Customer Service cannot resolve a complaint to your satisfaction, the section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase; the rejection requirements are in Your Right to Reject Arbitration, which says the notice must be mailed within 45 days after your first Card purchase.

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.

Your rejection notice must be mailed within 45 days after your first Card purchase.

Qualifications & exceptions

• The right to reject arbitration has a 45-day deadline counted from your first Card purchase.
• The rejection notice has specific requirements, covered with the rejection provision in the next section.

Legal Rights & Agreement Rules · Context

"Claim" is defined very broadly and "you" and "us" include corporate parents, affiliates and related persons

For this section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. "Claim" means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes, but is not limited to, initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under any of the agreements, advertisements, promotions or statements about accounts, goods or services financed or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities.

Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision.

Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and

(4) claims that arise from or relate to (a) any account created under any of the agreements, or any balances on any such account, (b) advertisements, promotions or statements related to any accounts, goods or services financed under any accounts or terms of financing, (c) benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim.

Qualifications & exceptions

• The definition reaches claims about rewards programs, advertisements and your application, not only billing disputes.
• The validity, enforceability or scope of the Arbitration provision itself is outside the definition of Claim, so those questions are not within what "Claim" covers.
• The list is "includes but is not limited to", so it is not exhaustive.

Not stated here

• The text does not say who decides questions about the validity, enforceability or scope of the Arbitration provision, since they are excluded from the definition of Claim.

Legal Rights & Agreement Rules · Procedure

Before suing, mediating or arbitrating, each side must send a written claim notice stating the claim and relief demanded

Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give a chance to resolve the claim informally or through mediation. A sample claim notice is at americanexpress.com/claim. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to American Express must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim goes to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.

Supporting quotations

Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

Qualifications & exceptions

• The claim notice comes before a lawsuit, mediation or arbitration.
• Notice to you can be given through your billing statement.

Legal Rights & Agreement Rules · Procedure

Mediation: submit a claim to JAMS or AAA within 30 days after the claim notice; American Express pays the mediator

In mediation, a neutral mediator helps parties resolve a claim without deciding it. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, you or American Express may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express pays the fees of the mediator. All mediation-related communications are confidential, inadmissible in court and not subject to discovery. Statutes of limitation are tolled from the date a claim notice is sent until the mediation ends, either side may end the mediation at any time, and submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

All mediation-related communications are confidential, inadmissible in court and not subject to discovery.

All applicable statutes of limitation will be tolled from the date you or we send the claim notice until termination of the mediation. Either you or we may terminate the mediation at any time. The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

Qualifications & exceptions

• The 30-day window runs from sending or receiving a claim notice.
• American Express pays the mediator's fees.
• Mediation does not delay or remove the right to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims

You or American Express may elect to resolve any claim by individual arbitration, and a neutral arbitrator decides. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial, and neither has the right to participate in a representative capacity or as a member of any class for any claim subject to arbitration. The text says arbitration procedures are generally simpler than court rules and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award and any confirming judgment apply only to the specific case and cannot be used in another case except to enforce the award. The arbitrator's decisions are as enforceable as any court order and subject to very limited review, and, except as set out in the appeal provisions, the decision is final and binding. Other rights you or American Express would have in court may also not be available. American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise either side may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Supporting quotations

Arbitration: You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.

If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing.

The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Qualifications & exceptions

• Either party can elect arbitration, which then binds both.
• Small claims court is excepted only if the claim is individual and pending only in that court.
• Arbitration may be elected at any time unless trial has begun or final judgment has been entered in a court case.
• The decision is final and binding "except as set forth below" (appeal provisions in the next section).
• The Arbitration provision does not apply to covered borrowers under the Military Lending Act, per the earlier notice.

Cross-references

• has exception (model-proposed): Military Lending Act: a 36% rate limit for covered borrowers, and the arbitration provision does not apply to them — The Military Lending Act notice says the Arbitration provision does not apply to a covered borrower, which limits the general right of either side to elect individual arbitration; the same sentence adds that if the borrower elects arbitration American Express will comply with its obligations under Claims Resolution, so the practical scope is left unclear.
• has exception (model-proposed): Small-claims exception, timing of arbitration election, and no waiver by delay — American Express will not elect arbitration for an individual claim filed only in small claims court, which carves out part of the general right to elect arbitration for any claim.
• narrowed by (model-proposed): Arbitration is individual only, with no class or representative claims; if that limit fails the whole provision falls — Arbitration is limited to individual claims, and if any portion of the limitation is invalid or unenforceable the entire Arbitration provision stops applying.
• qualified by (model-proposed): You can reject arbitration by a signed written notice mailed within 45 days of your first Card purchase — A timely, signed written rejection means the Arbitration provision does not apply to you, which qualifies the general right of either side to elect arbitration.

Legal Rights & Agreement Rules · Procedure

Arbitration is referred to JAMS or AAA, chosen by the party electing it, after a claim notice

Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to JAMS or the AAA, as selected by the party electing arbitration. Claims are resolved under the Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. If American Express chooses the organization, you may select the other within 30 days after receiving notice of its selection. Claims may also go to another arbitration organization if you and American Express agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration.

Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.

Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Qualifications & exceptions

• The organization's rules apply except where they conflict with the Agreement.
• The FAA is cited as a named federal law and its text is not supplied here.

Not stated here

• The sentence "If we choose the organization, you may select the other within 30 days after receiving notice of our selection" does not say whether your selection of the other organization replaces American Express's choice or what happens if you do not select within 30 days.
• The text of section 5 of the Federal Arbitration Act is not supplied, so this card does not describe it.

Legal Rights & Agreement Rules · Restriction or exception

Small-claims exception, timing of arbitration election, and no waiver by delay

American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. Otherwise you or American Express may elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either side may delay enforcing, or not exercise, rights under the Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Supporting quotations

We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered.

Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Qualifications & exceptions

• The small-claims exception applies only to an individual claim pending only in small claims court.
• The right to elect arbitration ends once trial has begun or final judgment has been entered in court.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — American Express will not elect arbitration for an individual claim filed only in small claims court, which carves out part of the general right to elect arbitration for any claim.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, with no class or representative claims; if that limit fails the whole provision falls

If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated. If any portion of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply, without waiving the right to appeal that decision.

Supporting quotations

If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.

Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Qualifications & exceptions

• If the individual-only limit is held invalid or unenforceable in any portion, the whole Arbitration provision stops applying (other than this sentence), which would leave the claim to the courts.
• The Military Lending Act notice earlier in the Agreement separately says the Arbitration provision does not apply to covered borrowers.

Cross-references

• narrows (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — Arbitration is limited to individual claims, and if any portion of the limitation is invalid or unenforceable the entire Arbitration provision stops applying.

Legal Rights & Agreement Rules · Procedure

Arbitration procedures: FAA governs, substantive law and limitation periods apply, and the proceeding is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but not federal or state rules of civil procedure or evidence on evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The agreement says that you and American Express agree the arbitration will be confidential and that "we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law." At any party's request the arbitrator provides a brief written explanation of the award.

Supporting quotations

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery.

Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court.

You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law.

At any party's request, the arbitrator will provide a brief written explanation of the award.

Qualifications & exceptions

• Rules of civil procedure and evidence do not apply to evidence or discovery.
• Disclosure to a government authority of the claim is allowed as permitted or required by law.

Not stated here

• The second confidentiality sentence says "we will not disclose the content of the arbitration proceeding or its outcome to anyone"; the text does not say whether "we" there means American Express alone or both parties, so the practical scope of the non-disclosure promise is not clear.
• The text of the Federal Arbitration Act is not supplied.

Legal Rights & Agreement Rules · User right or choice

Claims of $10,000 or less: you pick documents, telephone or in-person hearing; venue can be your home federal district

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At your election, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing.

At your election, arbitration hearings will take place in the federal judicial district of your residence.

Qualifications & exceptions

• The choice of hearing type is for claims of $10,000 or less; the venue sentence says "at your election" and is not limited to that amount.

Legal Rights & Agreement Rules · Procedure

The award is final and binding but can be appealed to a three-arbitrator panel by written notice within 35 days

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and to challenge or appeal an award under the FAA. To start an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal otherwise follows the organization's appellate rules. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

The arbitrator's award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA.

To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to.

Judgment upon any award may be entered in any court having jurisdiction.

Qualifications & exceptions

• The appeal deadline is 35 days after the award is issued and the notice must be in writing to the organization and all parties.
• The panel decides anew, on written submissions, only the aspects objected to.

Legal Rights & Agreement Rules · Company commitment

Your arbitration fees are capped at court filing fees; an award above the last offer carries at least $5,000

You are responsible for your share of any arbitration fees (filing, administrative, hearing or other) only up to the amount of the filing fees you would have incurred if you had brought the claim in court; American Express pays any additional arbitration fees. On your written request, American Express will consider in good faith making a temporary advance of your share of the fees or paying reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any final offer American Express made before the final hearing, the award will include any money to which you are entitled, but in no case less than $5,000, and any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees.

At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Additional Arbitration Awards: If the arbitrator rules in your favor for an amount greater than any final offer we made before the final hearing in arbitration, the arbitrator's award will include:

(1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

Qualifications & exceptions

• The advance of fees or payment of an expert's fees is only something American Express will "consider in good faith" on your written request.
• The minimum $5,000 and fee-shifting apply only if the award is greater than any final offer American Express made before the final hearing.

Legal Rights & Agreement Rules · User right or choice

You can reject arbitration by a signed written notice mailed within 45 days of your first Card purchase

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If the notice meets these requirements, the Arbitration provision, and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have, will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejecting arbitration does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or any other benefit, product or service on your Account.

Supporting quotations

You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.

Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.

If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have will not apply to you, except for Corporate Card accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.

Rejection of this Arbitration provision will not affect your other rights or responsibilities under this Claims Resolution section or the Agreement. Rejecting this Arbitration provision will not affect your ability to use your Card or any other benefit, product or service you may have with your Account.

Qualifications & exceptions

• Deadline: mailed within 45 days after your first Card purchase.
• Rejection also switches off arbitration provisions in your other currently open American Express accounts, with exceptions for Corporate Card accounts and claims already in litigation or arbitration.
• Only the Account holder's personal signature is accepted; no one else may sign.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, giving up court, jury and class actions; no election over small claims — A timely, signed written rejection means the Arbitration provision does not apply to you, which qualifies the general right of either side to elect arbitration.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives closure, payoff, debt collection, bankruptcy and sale of the Account

The Claims Resolution section survives termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account; in a sale, its terms apply to the buyer of the Account. If any portion of the section, except as provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, that does not invalidate the remaining portions.

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account).

If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

Qualifications & exceptions

• Survival covers closure, payoff, debt collection proceedings, bankruptcy and sale of the Account.
• Severability does not apply to the Limitations on Arbitration, which have their own rule that the whole Arbitration provision falls.