This is Part 1 of 3 of the Card Member Agreement for the Centurion® Card. It is stated as of 06/30/2026 and names American Express National Bank as the issuer. Part 1 holds the Rates and Fees Table and the How Rates and Fees Work section; Parts 2 and 3 follow in the same document.
Details
Who
American Express National Bank, the issuer
When
As of 06/30/2026
What it covers
Centurion® Card Member Agreement, Part 1 of 3
Supporting quotations
Card Member Agreement: Part 1 of 3
As of: 06/30/2026 Issuer: American Express National Bank
Centurion® Card
Qualifications & exceptions
The date is given as an 'As of' date; no separate effective date is stated in this part.
Charges & Financial Obligations · Company practice
Pay Over Time APR is variable: Prime Rate plus 12.74%
The Annual Percentage Rate for Pay Over Time is the Prime Rate plus 12.74%. The table states that this is a variable APR and points to the Explanation of Variable Rates for how it changes. The table gives the margin over the Prime Rate; it does not state a current Prime Rate or a resulting percentage.
Details
What it covers
Pay Over Time APR: Prime Rate + 12.74%, variable
Supporting quotations
Prime Rate + 12.74% This is a variable APR. See Explanation of Variable Rates below.
Qualifications & exceptions
Variable APR: it moves with the Prime Rate (see the Explanation of Variable Rates in the How Rates and Fees Work section).
Applies to the Pay Over Time feature.
Not stated here
The current Prime Rate, and so the actual percentage APR, is not stated in the agreement.
Charges & Financial Obligations · Company practice
Cash advance APR is Prime Rate plus 21.99%, with interest from the transaction date
Cash advances carry a variable APR of the Prime Rate plus 21.99%. If you have a cash advance on your Account, interest on cash advances starts on the transaction date, rather than after a grace period.
Details
What it covers
Cash advance APR: Prime Rate + 21.99%, variable
When
Interest begins on the transaction date
Supporting quotations
Prime Rate + 21.99% This is a variable APR. See Explanation of Variable Rates below.
If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction date.
Qualifications & exceptions
Variable APR tied to the Prime Rate; see the Explanation of Variable Rates.
The table states interest begins on the transaction date for cash advances; the Paying Interest row separately describes charges added to a Pay Over Time balance.
Not stated here
The current Prime Rate, and so the actual percentage APR, is not stated in the agreement.
Charges & Financial Obligations · Restriction or exception
A penalty APR of Prime Rate plus 26.74% can be applied after a missed or returned payment
The penalty APR is a variable rate of the Prime Rate plus 26.74%. American Express states it has the right to apply it to new transactions in a Pay Over Time balance if you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or if your payment is returned by your bank and it notifies you. If applied, it lasts at least 6 months. The Account is reviewed every 6 months after it is applied, and the penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.
Details
Who
American Express (the issuer)
Condition
Not paying at least the Minimum Payment Due (or Amount Due) by the Payment Due Date, or a payment returned by your bank
When
At least 6 months, reviewed every 6 months
Supporting quotations
Prime Rate + 26.74% This is a variable APR.
We have the right to apply the penalty APR to new transactions in a Pay Over Time balance if: • you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.
How Long Will the Penalty APR Apply? 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
Applies to new transactions in a Pay Over Time balance, as the table words it.
Triggers are a payment below the Minimum Payment Due (or Amount Due) by the Payment Due Date, or a payment returned by your bank.
Minimum duration is 6 months, with a review every 6 months.
Not stated here
The table does not say whether the penalty APR reaches cash advance or Plan balances.
The current Prime Rate, and so the actual percentage APR, is not stated.
Charges & Financial Obligations · User right or choice
Paying the full balance each month avoids interest on Pay Over Time charges
The table says the Payment Due Date is at least 25 calendar days after each billing period closes. It says no interest is charged on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance (or, with a Plan balance, your Adjusted Balance) by the Payment Due Date. The fuller grace-period section adds that no interest is charged on such charges in a billing period if your Pay Over Time Previous Balance for the period is zero, or if you paid the Account Total New Balance (or Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods.
Details
When
Payment Due Date at least 25 calendar days after the close of each billing period
Condition
Pay the Account Total New Balance (or Adjusted Balance, with a Plan balance) by the Payment Due Date each month
Condition
Pay Over Time Previous Balance is zero, or the previous two billing periods were paid in full by the Payment Due Date
Supporting quotations
Your Payment Due Date is at least 25 calendar days after the close of each billing period.
We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.
When We Charge Interest on Pay Over Time and Cash Advance Balances (Grace Period)
However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:
you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.
Qualifications & exceptions
Applies to charges automatically added to a Pay Over Time balance; the table states cash advance interest starts on the transaction date.
The grace-period section states two alternative conditions for not being charged interest in a billing period, one of which looks back two billing periods; the table summary states the monthly full payment condition.
Cross-references
contrast (model-proposed): Interest on Pay Over Time charges starts at the transaction date unless a grace-period condition is met — The table row says no interest is charged if each month you pay the Account Total New Balance (or Adjusted Balance) by the Payment Due Date. The grace period section says no interest if the Pay Over Time Previous Balance is zero or the previous two billing periods were paid in full by their Payment Due Dates. The two are worded differently; the agreement does not explain how they fit together.
Charges & Financial Obligations · Company practice
Plan It plan fee: up to 1.33% a month of each purchase placed in a plan
A plan fee (a fixed finance charge) of up to 1.33% of each purchase placed in a plan is charged monthly. How the fee is based depends on where the purchase sits: for purchases in a Pay Over Time balance, the APR that would otherwise apply; for purchases in a Pay In Full balance, the Pay Over Time APR at the time the plan is created; for purchases split between the two, the lower of the two APRs. The plan duration and other factors also affect the fee, and the table refers to the Plan It section for details. The plan fee is disclosed before a plan is created.
Details
What it covers
Plan fee (fixed finance charge), up to 1.33% monthly of each purchase in a plan
When
Charged monthly while the plan is active
Supporting quotations
A monthly plan fee of up to 1.33% of each purchase placed in a plan based on: either the APR that would otherwise apply to that purchase (for purchases in a Pay Over Time balance), the APR that applies to the Pay Over Time feature at the time you create the plan (for purchases in a Pay In Full balance), or the lower of the two APRs (for purchases that are divided between a Pay Over Time balance and a Pay In Full balance); the plan duration; and other factors. (please refer to the Plan It section for additional details).
Each plan fee will be disclosed before you create the applicable plan.
Qualifications & exceptions
The 1.33% is stated as 'up to', so the actual fee can be lower.
The fee basis depends on whether the purchase is in a Pay Over Time balance, a Pay In Full balance, or divided between them.
Not stated here
'Other factors' that affect the plan fee are not listed in the table.
The table points to Consumer Financial Protection Bureau credit card tips
The table directs readers to the website of the Consumer Financial Protection Bureau for credit card tips on what to consider when applying for or using a credit card. It is a pointer to outside information, not a term of the Account.
Details not recorded for this card
Supporting quotations
To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
Charges & Financial Obligations · Company practice
Initiation fee $10,000 and annual fee $5,000
The Fees table lists an Initiation Fee and an Annual Fee with the amounts $10,000 and $5,000. Read in the order the row presents them, the Initiation Fee is $10,000 and the Annual Fee is $5,000.
Details
What it covers
Initiation Fee $10,000; Annual Fee $5,000
Supporting quotations
Initiation Fee Annual Fee | $10,000 $5,000
Qualifications & exceptions
The row presents both fee names in one cell and both amounts in the next; the pairing follows their order.
Not stated here
The table does not say here when the initiation fee is charged or whether it is refundable.
Charges & Financial Obligations · Company practice
Cash advance fee is the greater of $10 or 5%; no foreign transaction fee
The Fees table sets a cash advance fee of either $10 or 5% of the amount of each cash advance, whichever is greater. It lists the foreign transaction fee as None.
Details
What it covers
Cash advance fee: greater of $10 or 5%
What it covers
Foreign transaction fee: none
Supporting quotations
Cash Advance: Either $10 or 5% of the amount of each cash advance, whichever is greater.
Foreign Transaction: None.
Qualifications & exceptions
Cash advance fee is per cash advance and is the greater of $10 or 5%.
Charges & Financial Obligations · Company practice
Late payment and returned payment fees are up to $40 each
The Fees table lists a Late Payment fee of up to $40 and a Returned Payment fee of up to $40. The How Rates and Fees Work section gives the first-time and repeat amounts.
Details
What it covers
Late Payment and Returned Payment fees, up to $40 each
Supporting quotations
Late Payment: Up to $40. Returned Payment: Up to $40.
Charges & Financial Obligations · Company practice
Interest uses the average daily balance method, including new purchases
American Express calculates interest with the average daily balance method (including new purchases). The table refers to the How we calculate interest section in Part 2 for the full method.
Details
What it covers
Average daily balance method (including new purchases)
Supporting quotations
How we calculate interest: We use a method called average daily balance method (including new purchases). See the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2.
Charges & Financial Obligations · Company practice
Variable APR changes follow the Prime Rate from the first day of the billing period; APRs cannot exceed 29.99%
If 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. 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%. The Rates and Fees Table describes the Pay Over Time, cash advance and penalty APRs as variable.
Details
Condition
The Prime Rate changes
When
Changes take effect on the first day of the billing period in which the Prime Rate changed
What it covers
Variable APR ceiling 29.99%
Supporting quotations
Explanation of Variable Rates: 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%.
Prime Rate + 26.74% This is a variable APR.
Qualifications & exceptions
Rate changes take effect on the first day of the billing period in which the Prime Rate changed, not on the date it changed.
The 29.99% ceiling is stated for 'variable APRs'; the table describes each of the three APRs it lists as variable.
Not stated here
This section does not show any daily periodic rate (DPR) values, although it mentions corresponding DPRs.
Cross-references
qualifies (model-proposed): Pay Over Time APR is variable: Prime Rate plus 12.74% — The Pay Over Time APR is variable; the Explanation of Variable Rates says changes follow the Prime Rate from the first day of the billing period and that variable APRs will not exceed 29.99%.
Charges & Financial Obligations · Company practice
Prime Rate means the highest U.S. Prime Rate in The Wall Street Journal on the Closing Date
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, the Prime Rate from the previous day it was published is used. If the Journal is no longer published or stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation.
Details
Who
American Express
When
The Closing Date of the billing period
Exception
If the Journal does not publish that day, the prior publication day is used; if it stops publishing, another newspaper may be used
Supporting quotations
Determining the Prime Rate: 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 substitute newspaper is chosen by American Express ('may use'), and is only described as one 'of general circulation'.
Initiation and annual fee amounts are in the Rates and Fees Table
For the Initiation Fee and the Annual Fee, this section does not repeat the amounts. It says each fee is on the Rates and Fees Table on page 1 of Part 1.
Details not recorded for this card
Supporting quotations
Initiation Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.
Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.
Each Additional Centurion Card is $5,000 annually, with a limit of 3. Each Additional Platinum Card is $195 annually. Each Companion Centurion Card is $0 annually. If an Annual Fee applies for an Additional Card, the refund policy is the one disclosed in the Closing or suspending your Account sub-section of Part 3.
Details
What it covers
Additional Centurion Card $5,000 a year (limit of 3); Additional Platinum Card $195; Companion Centurion Card $0
Supporting quotations
Annual Fee for Additional Cards: Each Additional Centurion Card is $5,000 annually (limit of 3), each Additional Platinum Card is $195 annually, and each Companion Centurion Card is $0 annually.
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.
Qualifications & exceptions
The limit of 3 is stated next to the Additional Centurion Card.
Annual fee refunds for Additional Cards follow the policy in Part 3.
Charges & Financial Obligations · Company practice
The plan fee is a fixed finance charge billed each month a plan is active
The plan fee is a fixed finance charge charged each month that a plan is active. Its dollar amount is disclosed before you set up a plan. The Rates and Fees Table describes the fee, and About Plan It in Part 2 gives more information.
Details
When
Each month that a plan is active
Supporting quotations
Plan Fee (Fixed Finance Charge): This fee is described on the Rates and Fees Table on page 1 of Part 1. 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 in Part 2.
Each plan fee will be disclosed before you create the applicable plan.
Charges & Financial Obligations · Company practice
Cash advance fee is 5% (minimum $10), including any ATM operator fee, added to the Cash Advance balance
The cash advance fee is 5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash advance, with a minimum of $10. American Express adds this fee to the Cash Advance balance.
Details
What it covers
Cash advance fee: 5%, minimum $10
Supporting quotations
Cash Advance: 5% of an ATM cash advance (including any fee charged by the ATM operator) or other cash advance, with a minimum of $10. We will add this fee to the Cash Advance balance.
Qualifications & exceptions
The 5% is calculated on the amount including any ATM operator fee.
Because the fee is added to the Cash Advance balance, it falls under the cash advance interest and limit terms.
Charges & Financial Obligations · Company practice
No foreign transaction fee; foreign charges are converted by AE Exposure Management Ltd.
The Foreign Transaction fee is listed as None. Part 3 separately says that a charge made in a foreign currency is converted into U.S. dollars by AE Exposure Management Ltd. (AEEML) on the date American Express or its agents process it.
Details
What it covers
Foreign transaction fee: none
Supporting quotations
Foreign Transaction: None.
AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it
Qualifications & exceptions
The conversion rate is chosen by AEEML; it is not part of this fee line.
Not stated here
This line does not state how the conversion rate is set; that is covered in Part 3.
Charges & Financial Obligations · Company practice
Late payment fee is $29, then $40 within 6 billing periods, capped at the prior statement's amount due
If American Express does not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date, the late payment fee is $29. If this happens again within the next 6 billing periods, the fee is $40. The table summarizes this as up to $40. The late fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on the prior billing statement.
Details
Condition
The Amount Due (or Minimum Payment Due) is not received by the Payment Due Date
When
Repeat within the next 6 billing periods
Supporting quotations
Late Payment: Up to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the 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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.
Qualifications & exceptions
$29 is the first fee; $40 applies if a late payment happens again within the next 6 billing periods.
The fee is capped by the Amount Due (or Minimum Payment Due) on the prior statement.
Cross-references
narrows (model-proposed): Late payment and returned payment fees are up to $40 each — The table gives the late payment fee as up to $40; the How Rates and Fees Work section gives the $29 first fee, the $40 repeat fee within 6 billing periods and the prior-statement cap.
Charges & Financial Obligations · Company practice
Returned payment fee is $29, then $40 within the same or next 6 billing periods, with a cap
If a payment you make is returned unpaid the first time American Express presents it to your bank, the fee is $29. If this happens again within the same billing period or the next 6 billing periods, the fee is $40. The returned payment fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on the prior billing statement.
Details
Condition
A payment is returned unpaid the first time it is presented to your bank
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 Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.
Qualifications & exceptions
The $40 fee applies to a repeat within the same billing period or the next 6 billing periods.
The fee is capped by the Amount Due (or Minimum Payment Due) on the prior statement.
Cross-references
narrows (model-proposed): Late payment and returned payment fees are up to $40 each — The table gives the returned payment fee as up to $40; the How Rates and Fees Work section gives the $29 first fee, the $40 repeat fee and the cap.
Charges & Financial Obligations · Company practice
Returned check fee is $38 plus the unpaid amount when a check cashed with the card is returned
If you use your card to cash a check at one of the issuer's approved locations and the check is returned unpaid, the fee is $38. American Express will also charge you the unpaid amount.
Details
Condition
A check cashed with the card at an approved location is returned unpaid
Supporting quotations
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.
Charges & Financial Obligations · Restriction or exception
Cash advance limit is $10,000, with possible ATM cash limits and approval checks
Your cash advance balance may not exceed $10,000, and you agree to manage your Account so that the cash advance balance (including fees and interest) is not more than the Cash Advance Limit. There may also be a limit on the amount of cash and number of times you can get cash from ATMs in a given period. For the limit, the cash advance balance is determined by adding new cash advance transactions to the ending cash advance balance of the prior day. American Express may also decline a cash advance if it would take the total of your Pay Over Time and/or Cash Advance balance and Plan balance over your Pay Over Time Limit.
Details
What it covers
Cash Advance Limit $10,000
Condition
A cash advance that would take the Pay Over Time and/or Cash Advance balance plus Plan balance over the Pay Over Time Limit may be declined
Supporting quotations
Cash Advance Limit: Your cash advance balance may not exceed $10,000.
There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period. You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit.
For purposes of the Cash Advance Limit, your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day.
In addition, we may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit.
Qualifications & exceptions
The $10,000 limit includes fees and interest.
ATM limits are described only as something that 'may' exist.
Not stated here
The ATM cash and frequency limits are not stated here.
The Pay Over Time Limit amount is not given in this text.
Charges & Financial Obligations · Restriction or exception
Person-to-person transactions are limited to $5,000 in any 30-day period
Your person-to-person transactions may not exceed $5,000 within any 30-day period, and you agree to manage your Account so that the total does not exceed the Person-to-Person Limit. American Express may not approve a person-to-person transaction that would take the Account over the limit.
Details
When
Any 30-day period
What it covers
Person-to-Person Limit $5,000
Supporting quotations
Person-to-Person Limit: Your person-to-person transactions may not exceed $5,000 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 does 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 Limit.
Qualifications & exceptions
The limit is measured over any 30-day period.
Charges & Financial Obligations · Company practice
The monthly amount due is the Pay In Full balance plus any minimum and plan payments, including past-due amounts
The amount you owe each month is the sum of the Pay In Full New Balance, any Pay Over Time and/or Cash Advance Minimum Due, and any Plan Payment Due on your billing statement. These amounts include any past due amounts.
Details not recorded for this card
Supporting quotations
The amount you owe each month is the sum of the following on your billing statement:
The Pay In Full New Balance
Any Pay Over Time and/or Cash Advance Minimum Due
Any Plan Payment Due
Above amounts include any past due amounts.
Qualifications & exceptions
The components that apply depend on which balances the Account has.
Charges & Financial Obligations · Company practice
Pay Over Time and/or Cash Advance Minimum Due is the highest of $40, 2% of the balance, or a stepped formula
The Pay Over Time and/or Cash Advance Minimum Due is the highest of three amounts: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or a total calculated in steps. In the steps, the Amount is the New Balance minus the Interest charged on the statement. The sum of 1% of the Amount from $0 through $20,000, 2% from $20,000.01 through $35,000, 5% from $35,000.01 through $50,000 and 10% above $50,000 is divided by the Amount and rounded to four decimals, multiplied by the Amount, and then the Interest charged plus any Pay Over Time and/or Cash Advance amount past due is added.
Details
Condition
Highest of $40, 2% of the New Balance, or the stepped total
Supporting quotations
Your Pay Over Time and/or Cash Advance Minimum Due is the highest of:
$40
2% of the Pay Over Time and/or Cash Advance New Balance
The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the billing statement as the Amount to calculate the sum of a. through d. below:
a. 1% of the Amount from $0 through $20,000
b. 2% of the Amount from $20,000.01 through $35,000
c. 5% of the Amount from $35,000.01 through $50,000
d. 10% of the Amount above $50,000
e. Then divide the sum from steps a. through d. by the Amount and round to four decimals
f. Multiply by the Amount
g. Add the Interest charged on the billing statement Plus any Pay Over Time and/or Cash Advance amount past due.
Qualifications & exceptions
The Minimum Due is the highest of the three methods.
The stepped percentages apply to bands of the Amount, not to the whole Amount at one rate.
Charges & Financial Obligations · User right or choice
The Minimum Due cannot exceed the New Balance, and you may pay more at any time
Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Details
What it does
Pay more than the Minimum Payment Due, up to the entire balance, at any time
Supporting quotations
Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Minimum Due worked example: $200 Pay In Full balance and $30,300 Pay Over Time and/or Cash Advance balance
The agreement's worked example assumes a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300. It then compares $40, 2% multiplied by $30,300 (equals $606), and the stepped total starting with $30,300 minus $300 (equals $30,000). The example is illustrative of the formula, not this Account's figures.
Details not recorded for this card
Supporting quotations
EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300.
$40
2% multiplied by $30,300 equals $606
$30,300 minus $300 equals $30,000
Qualifications & exceptions
The figures are an example in the agreement, not a statement of any actual Account's balances.
Worked example result: Minimum Due of $699 plus $200 gives a Minimum Payment Due of $899
In the agreement's example, the stepped calculation starts from $30,300 minus $300, which equals $30,000. The steps give $200 for the first 1% band, $200 for the 2% band and $0 for the higher bands. ($200 plus $200) divided by $30,000 is 0.0133, times $30,000 is $399, and adding the $300 of interest gives $699. The highest of the three methods ($40, $606 and $699) is $699. That Pay Over Time and/or Cash Advance Minimum Due plus the $200 Pay In Full New Balance makes a Minimum Payment Due of $899.
Details
What it covers
Minimum Payment Due of $899 in the example
Supporting quotations
$30,300 minus $300 equals $30,000
a. 1% multiplied by $20,000 equals $200
b. 2% multiplied by ($30,000 minus $20,000) equals $200
c. 5% multiplied by $0 equals $0
d. 10% multiplied by $0 equals $0
e. ($200 plus $200) divided by $30,000 equals 0.0133
f. $30,000 multiplied by 0.0133 equals $399
g. $399 plus $300 equals $699
The highest of 1., 2. or 3. is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899.
2% multiplied by $30,300 equals $606
Qualifications & exceptions
The figures are an illustration of the formula in the agreement, not a statement of any actual Account's balances.
Charges & Financial Obligations · Company practice
Cash advances accrue interest from the transaction date and the interest cannot be avoided
For cash advances, American Express charges interest from the transaction date, and you cannot avoid paying interest on cash advances. Interest on Pay Over Time balances is charged as described in the rest of the section.
Details
When
From the transaction date
What it covers
Cash advances
Supporting quotations
We charge interest on Pay Over Time balances as described below. For cash advances, we charge interest from the transaction date. You cannot avoid paying interest on cash advances.
Qualifications & exceptions
Applies to cash advances; Pay Over Time balances follow the separate timing rules.
Charges & Financial Obligations · Company practice
Interest on Pay Over Time charges starts at the transaction date unless a grace-period condition is met
For charges added automatically to a Pay Over Time balance when they post, interest is charged from the transaction date until they are paid. For charges that are automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date, interest is charged from the day after they are added until paid. However, no interest is charged on charges added automatically to the Pay Over Time balance in a billing period if either (1) your Pay Over Time Previous Balance for the billing period is zero, or (2) you paid the Account Total New Balance (if any), or Adjusted Balance if you have an active plan created through Plan It, in full by the Payment Due Date for each of the previous two billing periods. The Rates and Fees Table summarizes this as no interest if each month you pay the Account Total New Balance (or Adjusted Balance) by the Payment Due Date.
Details
Condition
Pay Over Time Previous Balance is zero
Condition
Paid in full by the Payment Due Date for each of the previous two billing periods
When
Interest from the transaction date, or from the day after a Closing Date move
Supporting quotations
For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid. For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid. However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:
your Pay Over Time Previous Balance for the billing period is zero; or
you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.
We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.
Qualifications & exceptions
Either of the two conditions is enough ('or').
The second condition looks back at each of the previous two billing periods' statements.
The table's monthly full-payment wording and this section's two-part wording are different formulations of the grace period; both are quoted.
Not stated here
The agreement does not say how the table's 'each month' wording and the two-period look-back fit together beyond the text quoted.
Cross-references
contrast (model-proposed): Paying the full balance each month avoids interest on Pay Over Time charges — The table row says no interest is charged if each month you pay the Account Total New Balance (or Adjusted Balance) by the Payment Due Date. The grace period section says no interest if the Pay Over Time Previous Balance is zero or the previous two billing periods were paid in full by their Payment Due Dates. The two are worded differently; the agreement does not explain how they fit together.
Charges & Financial Obligations · Company practice
Pay Over Time Select purchases accrue interest from the date they are added, with no grace period stated
For Pay Over Time Select, American Express charges interest on purchases added at your request to a Pay Over Time Select balance from the date they are added until they are paid.
Details
When
From the date added to a Pay Over Time Select balance until paid
Supporting quotations
For Pay Over Time Select: we charge you interest on purchases added at your request to a Pay Over Time Select balance from the date they are added to a Pay Over Time Select balance until they are paid.
Qualifications & exceptions
Applies to purchases added at your request to a Pay Over Time Select balance.
Not stated here
This text does not otherwise define Pay Over Time Select or say how it is set up.
Legal Rights & Agreement Rules · User right or choice
Parts 1, 2 and 3 plus supplements make up the Agreement, and you can request a copy
Part 1, Part 2, Part 3 and any supplements or amendments make up the Card Member Agreement. A Card Member can request a copy of the Agreement through the online account or by calling the number on the back of the Card.
Details
What it does
Request a copy of the Agreement online or by phone
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.
Legal Rights & Agreement Rules · User right or choice
Using the Account or keeping the Card means you agree; you can cancel before use without fees
Part 2 together with Part 1 and Part 3 make up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of it. When you use the Account, or sign or keep the Card, you agree to the terms. 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.
Details
What it does
Use the Account, or sign or keep the Card, to accept the Agreement
Condition
Not yet used the Account or made a payment after receiving a billing statement
Supporting quotations
Your Card Member Agreement: 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.
Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.
Qualifications & exceptions
The no-fee cancellation applies only if you have not yet used the Account or made a payment after receiving a billing statement.
Legal Rights & Agreement Rules · Permission or license
American Express may change the Agreement, and oral agreements cannot modify it
American Express may change this Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account, and it may not be modified or amended by any alleged oral agreement.
Details
Who
American Express
What it does
Change the Agreement
Supporting quotations
Changing the Agreement: 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 stated 'subject to applicable law'.
Not stated here
This Part does not state any notice period, method of notice or right to reject a change.
'We' is the issuer; 'you' is the applicant, called the Basic or Primary Card Member
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 American Express opened it, called the Basic or Primary Card Member. You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that American Express issues to access your Account.
Details
Who
The issuer shown on page 1 of Part 1
Who
The applicant, called the Basic or Primary Card Member
Supporting quotations
Definitions: 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 Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that we issue to access your Account.
Defined terms: charge, purchase and person-to-person transaction
A charge is any amount added to your Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. 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.
Details not recorded for this card
Supporting quotations
A charge is any amount added to your Account, such as purchases, cash advances, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions.
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 cash advance includes cash equivalents, foreign currency, digital currency and betting transactions
A cash advance is a charge to get cash or cash equivalents. The definition names travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. Charges that fall in this definition get cash advance treatment elsewhere in the Agreement, such as the cash advance APR, fee and limit.
Details
What it covers
Cash or cash equivalents, including digital currency and betting transactions
Supporting quotations
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 list is introduced with 'including', so the named items are examples of cash equivalents.
A plan is a portion of your Account balance that you have selected to pay 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 that statement.
Details not recorded for this card
Supporting quotations
A plan is a portion of your Account balance that you have selected to pay 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.
American Express decides whether to approve each charge using spending, payment and credit information
You may use the Card to make charges, and American Express decides whether to approve a charge based on how you spend and pay on this Account and other Accounts you have with it. It also considers your credit history and score and your personal resources that it knows about.
Details
Who
American Express
Why
Deciding whether to approve a charge
Supporting quotations
Using the Card: You may use the Card to make charges. We decide whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with us.
We also consider your credit history and score and your personal resources that we know about.
Qualifications & exceptions
Approval is a case-by-case decision by American Express.
Account & Service Control · Restriction or exception
If a Spending Limit applies, going over it makes declines more likely but charges may still be approved
If there is a Spending Limit on page 1 of Part 1, the Account has a preset Spending Limit. If your total balance exceeds it, American Express is more likely to decline to authorize charges. It may approve charges that take the total balance over the limit, and you must still pay for those charges. It may also decline charges that would not take you over the limit, and may change or remove the Spending Limit at any time.
Details
Condition
A Spending Limit is shown on page 1 of Part 1
What it does
Decline or approve charges regardless of the limit; change or remove the limit at any time
Supporting quotations
However, if there is a Spending Limit on page 1 of Part 1 of this Agreement, then your Account has a preset Spending Limit. If at any time your total balance exceeds this Spending Limit, we are more likely to decline to authorize your charges. We may approve charges that cause your total balance to exceed the Spending Limit. If we do, you must still pay us for those charges. We may also decline to authorize charges, even if they do not cause your total balance to exceed the Spending Limit. We may change or remove the Spending Limit at any time.
Qualifications & exceptions
The text applies only if page 1 of Part 1 shows a Spending Limit.
Not stated here
Whether a Spending Limit applies to a given Account, and its amount, is not stated in this text.
Sharing & Disclosure · User right or choice
Merchants may store Card details, and American Express may share updates with them unless you object
You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so the 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 it to share your updated Account information, you can contact it using the number on the back of your Card.
Details
Who
American Express
What it covers
Updated expiration date, Card number or Account status, including cancellation
What it does
Contact American Express to stop sharing updated Account information
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; or you may make charges using that stored Card information.
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
Sharing applies to merchants and third parties you have arranged to store your Card details.
The opt-out is made by contacting American Express; no other method is stated.
Security & Safeguards · Restriction or exception
Keep the Card safe, report loss or misuse right away, and do not use the Account for illegal activities
You should keep your Card safe and not let anyone else use it. If the Card is lost or stolen or the Account is being used without your permission, contact American Express right away. You may not use your Account for illegal activities.
Details
What it does
Contact American Express right away if the Card is lost or stolen or the Account is used without permission
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.
Account & Service Control · Restriction or exception
American Express may decline charges for various reasons and is not responsible for losses from declines
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 your Account is not in default. It is not responsible for any losses you incur if it does not authorize a charge or if any merchant refuses to accept the Card.
Details
Who
American Express
Supporting quotations
Declined transactions: 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 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
The listed reasons are examples ('including').
Charges & Financial Obligations · User right or choice
Pay Over Time lets you carry a balance with interest up to your limit and has an active or inactive setting
If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit. It has two settings, active and inactive, which you can change or view at any time through your online account or by phone. Purchases made and Annual Fees charged while it is inactive are added to your Pay In Full balance, which is due in full each month. With a Pay Over Time balance, you can each month pay the Account Total New Balance in full, the Minimum Payment Due, or any amount in between. Charges are added to the Pay Over Time balance as described in the rules that follow.
Details
Condition
Pay Over Time is a feature of your Account
What it does
Set Pay Over Time active or inactive online or by phone, at any time
Supporting quotations
Pay Over Time: If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit. Pay Over Time has two settings: active and inactive. You can change or view your Pay Over Time setting at any time through your online account or by calling the number on the back of your Card. Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month. If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between. Charges will be added to your Pay Over Time balance as described below.
On the Transaction Date:
Qualifications & exceptions
Applies only 'if Pay Over Time is a feature of your Account'.
Charges made while Pay Over Time is inactive go to the Pay In Full balance.
Not stated here
The Pay Over Time Limit amount is not stated in this text.
Charges & Financial Obligations · Company practice
Eligible charges go to the Pay Over Time balance on the transaction date if Pay Over Time is active at 8 p.m. ET
If Pay Over Time is set to active at 8 p.m. ET on the transaction date provided by the merchant for an eligible charge (or on the date an eligible Annual Fee is charged), the charge is automatically added to the Pay Over Time balance, subject to the Pay Over Time Limit. If adding the entire charge would take the total of the Pay Over Time, Cash Advance and Plan balances over the limit, the charge goes to the Pay In Full balance instead. The merchant's transaction date may differ from the purchase date, for example if the merchant is late submitting the transaction or uses the shipping date. Charges with the same transaction date are added in any order American Express chooses. Charges made while Pay Over Time is inactive are added to the Pay In Full balance, which is due in full each month.
Details
Condition
Pay Over Time is set to active at 8 p.m. ET on the merchant-provided transaction date
Exception
A charge that would take the balances over the Pay Over Time Limit goes to the Pay In Full balance
When
8 p.m. ET on the transaction date
Supporting quotations
On the Transaction Date:
If Pay Over Time is set to active at 8 p.m.ET on the transaction date provided by the merchant for an eligible charge, or on the date when an eligible Annual Fee is charged to your Account, the charge will automatically be added to your Pay Over Time balance, subject to your Pay Over Time Limit. If the addition of an entire charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance. The transaction date provided by the merchant may differ from the date you made the purchase if, for example, there is a delay in the merchant submitting the transaction to us or if the merchant uses the shipping date as the transaction date. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.
Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.
The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance cannot exceed your Pay Over Time Limit.
Qualifications & exceptions
The test is the setting at 8 p.m. ET on the merchant-provided transaction date.
An entire charge that would exceed the Pay Over Time Limit goes to the Pay In Full balance; at the transaction date it is not split.
The Pay Over Time Limit applies to the total of Pay Over Time, Cash Advance and Plan balances.
Not stated here
The Pay Over Time Limit amount is not stated in this text.
Charges & Financial Obligations · Company practice
On the Closing Date, eligible Pay In Full charges may be moved to Pay Over Time, in whole or in part
If on the Closing Date (1) the total of the Pay Over Time, Cash Advance and Plan balances is less than the Pay Over Time Limit, (2) Pay Over Time is set to active at 8 p.m. ET, and (3) there are eligible new charges in the Pay In Full balance with a transaction date when Pay Over Time was active, the Card Member authorizes American Express to automatically move all or a portion of those charges to the Pay Over Time balance, subject to the limit. If moving a charge would exceed the limit, a portion up to the limit is moved and the rest stays in the Pay In Full balance. Charges are moved in order of transaction date, and in any order American Express chooses when dates match.
Details
Who
The Card Member authorizes American Express to move eligible charges
Condition
Total of Pay Over Time, Cash Advance and Plan balances below the Pay Over Time Limit on the Closing Date
When
On the Closing Date
Supporting quotations
On your Closing Date:
Also, if on your Closing Date, 1) the total of your Pay Over Time, Cash Advance, and Plan balances is less than your Pay Over Time Limit,
Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.
If the addition of a charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit. The remaining portion of the charge will remain in your Pay In Full balance. Eligible charges will be moved to your Pay Over Time balance in order of the transaction dates. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.
Qualifications & exceptions
The extracted text shows the conditions as '1)', then an unnumbered list item, then '3)'; the second condition (Pay Over Time set to active at 8 p.m. ET) appears without its '2)' marker.
The move is a standing authorization by the Card Member, subject to the Pay Over Time Limit.
Only 'eligible' charges move; the ineligible categories are listed separately.
Charges & Financial Obligations · Restriction or exception
Some charges are not moved to Pay Over Time on the Closing Date, including disputed, fraud-reported and plan charges
A new charge, or a portion of one, will not be eligible to be moved to the Pay Over Time balance on the Closing Date if: the charge is subject to a Foreign Transaction Fee; it or a portion is disputed for a reason other than fraud and the dispute is not resolved in the billing period in which it was opened; it or a portion is reported as fraudulent and either it was determined fraudulent in the same billing period it posted or has not yet been determined in that billing period; you created a plan for it using Plan It; Pay Over Time is suspended; or the Account is cancelled or enrolled in a payment program.
Details
Exception
Charge subject to a Foreign Transaction Fee
Exception
Dispute for a reason other than fraud unresolved in the billing period opened
Exception
Charge reported as fraudulent, determined or pending in the same billing period
Exception
Plan created for the charge
Exception
Pay Over Time suspended; Account cancelled or in a payment program
Supporting quotations
A new charge, or a portion of a new charge, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if:
that charge is subject to a Foreign Transaction Fee;
that charge or a portion of that charge is disputed (for a reason other than fraud) and that dispute is not resolved in the same billing period in which it was opened;
that charge or a portion of that charge is reported as fraudulent and either (i) we determined the charge is fraudulent in the same billing period in which it was posted to your Account, or (ii) we have not yet determined if the charge is fraudulent in the same billing period in which it was posted to your Account;
you created a plan for that charge using Plan It;
Pay Over Time is suspended on your Account; or
your Account is cancelled or enrolled in a payment program.
Qualifications & exceptions
Each item is an independent reason the charge is not eligible for the Closing Date move.
The Fees table lists Foreign Transaction as None for this Card; whether any charge is subject to a Foreign Transaction Fee is not stated here, so the first exclusion's practical reach is unclear.
Not stated here
Whether any charge on this Card is 'subject to a Foreign Transaction Fee' is not stated beyond the table's 'None'.
American Express can change Pay Over Time eligibility and suspend it at any time
Certain charges, such as cash advances, are not eligible for Pay Over Time, and American Express may change the eligibility of other charges. It may suspend Pay Over Time at any time based on its assessment of your creditworthiness, the status of your Account and/or your enrollment in a payment program. If your Account is past due or Pay Over Time is suspended, you cannot change the setting from inactive to active.
Details
Who
American Express
What it does
Change charge eligibility and suspend Pay Over Time at any time
Condition
Past due or Pay Over Time suspended: cannot switch inactive to active
Supporting quotations
Certain charges are not eligible for Pay Over Time, such as cash advances and we may change the eligibility of other charges for Pay Over Time. We may suspend Pay Over Time at any time based on our assessment of your creditworthiness, the status of your Account, and/or your enrollment in a payment program. In addition, if your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.
Qualifications & exceptions
Suspension can be at any time; the stated bases are creditworthiness, Account status and payment program enrollment.
Account & Service Control · Company practice
Your Pay Over Time setting carries over when you transfer to a new Card with the same Account number
If you transfer to a new Card with the same Account number, the Pay Over Time setting at the time of transfer remains in effect on the new Card.
Details not recorded for this card
Supporting quotations
If you transfer to a new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in effect on your new Card.
Charges & Financial Obligations · Company practice
Pay Over Time Travel adds eligible travel purchases to its balance regardless of the Pay Over Time setting
If you have the Pay Over Time Travel feature, American Express automatically adds eligible travel-related purchases to your Pay Over Time Travel balance, subject to the Pay Over Time Limit, whether your Pay Over Time setting is active or inactive. If you request to cancel Pay Over Time Travel, you cannot re-enroll.
Details
Condition
The Account has the Pay Over Time Travel feature
Exception
Setting active or inactive does not matter for eligible travel purchases
Supporting quotations
If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-related purchases to your Pay Over Time Travel balance subject to your Pay Over Time Limit regardless of whether your Pay Over Time setting is active or inactive. If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.
Qualifications & exceptions
Applies only if the Account has the Pay Over Time Travel feature.
Cancellation of this feature cannot be undone.
Not stated here
Which purchases count as 'eligible travel-related purchases' is not defined here.
Charges & Financial Obligations · Permission or license
Plan It, if offered, lets you pay qualifying purchases over time for a monthly fixed finance charge
American Express may offer Plan It, which lets you create a payment plan for qualifying purchases, subject to a plan fee. The plan fee is a fixed finance charge charged each month that a plan is active. You use the feature by selecting qualifying purchases and a plan duration, and you can see the monthly plan payments, including the plan fee, for your selection.
Details
Who
American Express
When
Fee charged each month a plan is active
Supporting quotations
Plan It: We may offer you Plan It, which allows you to create a payment plan for qualifying purchases 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 and a plan duration. You will be able to view the monthly plan payments, including the plan fee, for your selection.
Qualifications & exceptions
Plan It is something American Express 'may offer'; it is not stated to be available on every Account.
Charges & Financial Obligations · Company practice
The plan fee is based on the APR for where the purchase sits: Pay Over Time, Pay In Full or split
If you create a plan for a purchase in your Pay Over Time balance, the plan fee is based on the APR that would otherwise apply to the purchase amount. If the purchase is in your Pay In Full balance, the fee is based on the APR that applies to the Pay Over Time feature at the time you create the plan. If the purchase is divided between the Pay Over Time and Pay In Full balances because only part was moved on the Closing Date, the fee is based on the lower of the APR that would otherwise apply to the Pay Over Time portion and the Pay Over Time APR at the time you create the plan. The Rates and Fees Table states the monthly plan fee as up to 1.33% of each purchase, based on these APRs, the plan duration and other factors.
Details
Condition
Purchase in a Pay Over Time balance, a Pay In Full balance, or split between them
Supporting quotations
If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount. If you create a plan for a purchase that is in your Pay In Full balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that applies to the Pay Over Time feature at the time you create the plan. If you create a plan for a purchase that is divided between your Pay Over Time and Pay In Full balances, because only a portion of that purchase was moved to your Pay Over Time balance on your Closing Date, the purchase will be added to a plan balance and will be subject to a plan fee based on either the APR that would otherwise apply (to the portion of the purchase that was in your Pay Over Time balance) or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.
A monthly plan fee of up to 1.33% of each purchase placed in a plan
Qualifications & exceptions
The basis differs for purchases in a Pay Over Time balance, in a Pay In Full balance, and split between them (lower of two APRs).
The 1.33% figure is stated in the table as an 'up to' amount.
Not stated here
The plan fee percentage for a given plan is not stated; the table gives only the maximum monthly figure and says the fee is disclosed before a plan is created.
Charges & Financial Obligations · Restriction or exception
Qualifying Plan It purchases need a minimum amount and exclude cash equivalents, foreign-fee purchases and fees
A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.
Details
Exception
Cash or cash equivalents, purchases subject to Foreign Transaction Fees, and fees owed to American Express
Supporting quotations
A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.
Qualifications & exceptions
The Fees table lists Foreign Transaction as None for this Card; the exclusion refers to purchases 'subject to' such fees.
Not stated here
The 'specified dollar amount' is not stated in this text.
Whether any purchase on this Card is subject to a Foreign Transaction Fee is not stated beyond the table's 'None'.
Account & Service Control · Restriction or exception
You may be unable to create plans if over the limit, suspended, cancelled, in a payment program, returned or past due
Your ability to create plans is based on factors such as your creditworthiness and your Pay Over Time Limit. You may not be able to create a plan if it would take you over the Pay Over Time Limit. You cannot create plans if Pay Over Time is suspended or the Account is cancelled. You also cannot create plans if one or more of your American Express Accounts is enrolled in a payment program, has a payment returned unpaid, or is past due.
Details
Condition
Pay Over Time suspended, Account cancelled, or any American Express Account in a payment program, with a returned payment or past due
Supporting quotations
Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Pay Over Time Limit. You may not be able to create a plan if it would cause you to exceed your Pay Over Time Limit. You will not be able to create plans if your Pay Over Time feature is suspended or 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, has a payment that is returned unpaid, or is past due.
Qualifications & exceptions
The payment program, returned payment and past due conditions refer to any of your American Express Accounts, not only this one.
Charges & Financial Obligations · Permission or license
American Express sets the number of active plans, plan durations and combined purchases at its discretion
American Express tells you the number of active plans you may have and may change that number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases in a single plan, are at its discretion and based on factors such as your creditworthiness, the purchase amounts and your Account history. Plan It itself is something it may offer.
Details
Who
American Express
When
Number of active plans may be changed at any time
Supporting quotations
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 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.
We may offer you Plan It, which allows you to create a payment plan for qualifying purchases subject to a plan fee.
Qualifications & exceptions
The number of plans can change at any time.
Not stated here
The number of active plans and available durations are not stated in this text.
Charges & Financial Obligations · User right or choice
Plans cannot be cancelled, but paying the Account Total New Balance in full ends future plan fees
Plans cannot be cancelled after they have been created. You can choose to pay them early by paying the Account Total 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.
Details
What it does
Pay the plan off early by paying the Account Total New Balance in full
Supporting quotations
Plans cannot be cancelled after they have been created, but you can choose to pay them early by paying the Account Total 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
Early payoff means paying the Account Total New Balance from the most recent statement in full.
Charges & Financial Obligations · Restriction or exception
The Pay Over Time Limit is assigned and can be raised or lowered at any time, and is not a spending limit
If you have Pay Over Time, American Express assigns a Pay Over Time Limit shown on page 1 of Part 1 and on each billing statement. It applies to the total of your Pay Over Time, Cash Advance and Plan balances, and your Pay Over Time balance cannot exceed it. A charge that would take the Pay Over Time balance over the limit is added to the Pay In Full balance. When posting of cash advances or plans is delayed, the total may exceed the limit. It is not a spending limit, so a charge may be approved or declined regardless of whether the balance is above or below it. American Express may increase or reduce it at any time, even if you pay on time and are not in default, and will tell you. You must pay in full by the Payment Due Date all charges not added to a Pay Over Time, Cash Advance or Plan balance.
Details
Who
American Express
What it does
Increase or reduce the Pay Over Time Limit at any time and tell the Card Member
Supporting quotations
Pay Over Time Limit: If you have Pay Over Time, we assign a Pay Over Time Limit to your Account, which is shown on page 1 of Part 1 and on each billing statement. The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance cannot exceed your Pay Over Time Limit. If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance. When there is a delay in posting cash advances or plans to your Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time Limit.
The Pay Over Time Limit is not a spending limit. We may approve or decline a charge regardless of whether your Card Account balance is greater or less than your Pay Over Time Limit. We may increase or reduce your Pay Over Time Limit at any time. We may do so even if you pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit. You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.
Qualifications & exceptions
Applies only if you have Pay Over Time.
Changes can be made even if you pay on time and your Account is not in default.
Not stated here
The Pay Over Time Limit amount is shown on page 1 of Part 1 and statements; it is not in this text.
Cross-references
qualifies (model-proposed): Cash advance limit is $10,000, with possible ATM cash limits and approval checks — A cash advance may be declined if it would take the Pay Over Time, Cash Advance and Plan balances over the Pay Over Time Limit; the Part 2 section explains the Pay Over Time Limit and that it is not a spending limit.
Charges & Financial Obligations · Restriction or exception
You promise to pay all charges, including those made by Additional Card Members, by the Payment Due Date
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. You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, on or before the Payment Due Date in the time and manner shown on each billing statement.
Details
Who
The Card Member
When
On or before the Payment Due Date shown on each statement
Supporting quotations
Promise to pay: 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. When you must pay: You must pay the Amount Due, or at least the Minimum Payment Due, as applicable, on or before the Payment Due Date in the time and manner shown on each billing statement.
Qualifications & exceptions
Responsibility covers charges permitted to others, not only your own.
Charges & Financial Obligations · Procedure
Payments are made in U.S. dollars by check, negotiable instrument or electronic payment cleared through U.S. banking
Payments must be made to American Express 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), or an electronic payment that can be cleared through the U.S. banking system.
Details
What it covers
Check, negotiable instrument or electronic payment in U.S. dollars
Supporting quotations
How to make payments: Make payments to us in U.S. dollars with:
a single check drawn on a U.S. bank, or
a single negotiable instrument clearable through the U.S. banking system, for example a money order, or
an electronic payment that can be cleared through the U.S. banking system.
Charges & Financial Obligations · Procedure
Mailed payments need a separate payment per Account, the coupon address and the Account number on the check
When paying 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.
Details not recorded for this card
Supporting quotations
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, and
write your Account number on your check or negotiable instrument and include the payment coupon.
Charges & Financial Obligations · Company practice
Compliant payments received on time are credited as of the day received; others may be delayed
If your payment meets the requirements, American Express credits it to your Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed on your billing statement. If it is received after that time, it is credited on the day after receipt. If your payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges.
Details
When
Credited the day received if on time and in manner; otherwise the next day
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.
Qualifications & exceptions
Same-day crediting depends on the time and manner on the statement.
Non-compliant payments may be delayed, with possible late fees and interest.
Charges & Financial Obligations · Restriction or exception
Foreign-currency and non-U.S. bank payments are not accepted; late, partial or restricted payments do not change rights
American Express will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside the U.S. If it processes a late payment, a partial payment, or a payment marked with any restrictive language, that has no effect on its rights and does not change the Agreement.
Details
Exception
Foreign currency and non-U.S. bank payments are not accepted
Supporting quotations
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.
Charges & Financial Obligations · Company practice
Payments cover the Pay In Full balance and plans first, then lower-rate balances to the minimum, then highest rate
Where an Account has balances with different interest rates, plan balances or plan fees, American Express says it generally applies payments in a billing period as follows. Up to the Minimum Payment Due, payments go first to the Pay In Full New Balance, then to any plan amounts included in the Minimum Payment Due, then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher rates. After the Minimum Payment Due has been paid, payments go first to the Pay Over Time and/or Cash Advance balances with the highest interest rate, then to lower-rate balances, and then to any Plan balances.
Details
When
Different order up to the Minimum Payment Due and after it
Supporting quotations
How we apply payments and credits: Your Account may have balances with different interest rates. For example, purchases may have no interest rate or a lower interest rate than cash advances. Your Account may also have plan balances which are assessed plan fees. If your Account has balances with different interest rates, plan balances, or plan fees, here is how we generally apply payments in a billing period:
We apply your payments – up to the Minimum Payment Due – first to the Pay in Full New Balance; then to any plan amounts included in your Minimum Payment Due; and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.
After the Minimum Payment Due has been paid, we apply payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate and then to balances with lower interest rates, and then to any Plan balances.
Qualifications & exceptions
The order is described as how payments are 'generally' applied.
The order is different for the part of a payment up to the Minimum Payment Due and the part above it.
Charges & Financial Obligations · Procedure
Credits usually go to the same balance as the charge; credits for plan purchases need a call
In most cases, a credit is applied to the same balance as the related charge. 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 payment order, so plan balances may in some circumstances be paid before they otherwise would be. If you receive a credit for a purchase added to a plan, you must call the number on the back of your Card to have the credit applied to the plan balance.
Details
What it does
Call the number on the back of the Card to apply a credit to a plan balance
Supporting quotations
In most cases, we apply a credit to the same balance as the related charge. 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 added to 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
'In most cases' signals exceptions to applying a credit to the same balance.
A credit for a plan purchase is not applied to the plan balance unless you call.
Charges & Financial Obligations · Company practice
Interest is figured per balance using the Average Daily Balance method including new transactions
American Express calculates interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may have different interest rates. It uses the Average Daily Balance method (including new transactions) for each balance, and the total interest for the billing period is the sum of the interest on each balance.
Details
What it covers
Average Daily Balance method including new transactions, per balance
Supporting quotations
How we calculate interest on Pay Over Time and Cash Advance balances: We calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may 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.
Charges & Financial Obligations · Company practice
Interest equals average daily balance times daily periodic rate times days; the DPR is 1/365th of the APR
The interest charged for a balance in a billing period, apart from rounding, equals the Average Daily Balance multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. To get the Average Daily Balance, American Express adds up the balance's daily balances and divides 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.
Details
What it covers
Interest = ADB x DPR x days in the billing period
Supporting quotations
Interest: 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.
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.
The agreement says your DPRs are shown in Part 1, but the published agreement lists none
Part 2 says 'Your DPRs are shown in How Rates and Fees Work in Part 1.' In this published Card Member Agreement, that section holds the Explanation of Variable Rates, Determining the Prime Rate, and the fees and limits, and the Rates and Fees Table gives the APRs as the Prime Rate plus a margin. No daily periodic rate values are shown. The DPR is defined only as 1/365th of an APR, rounded, and the Prime Rate is not stated, so the agreement does not show a DPR for this Card. The DPR values are not computed or taken from elsewhere here.
Details
What it covers
Daily periodic rates (DPRs) not shown in the published agreement
Supporting quotations
Your DPRs are shown in How Rates and Fees Work in Part 1.
Qualifications & exceptions
This is a gap in the published agreement, not a statement that DPRs do not exist: the reference points to a Part 1 that the published text does not complete.
The example figures in the next section are illustrative, not this Card's rates.
Not stated here
The Card's actual DPR values, which the text says are shown in Part 1, are not in the published agreement.
Interest example: 15.99% rate, $2,250 average daily balance and 30 days gives $29.57
The agreement's example assumes a single interest rate of 15.99%, an average daily balance of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%. The interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57. The rate in the example is an assumption, not this Card's rate.
Details not recorded for this card
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 figures are an illustration of the formula in the agreement, not this Account's rate or balance.
Charges & Financial Obligations · Company practice
The daily balance starts from the day's beginning balance, adds charges, subtracts payments and credits, then adjusts
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.
Details not recorded for this card
Supporting quotations
Daily Balance: We figure the daily balance for each balance by:
Charges & Financial Obligations · Company practice
New charges join the daily balance on their transaction date, moved charges the next day; negative counts as zero
American Express adds a new charge to a daily balance as of its transaction date. The exception is charges automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date, which are added as of the day after they are moved. If a daily balance is negative, it is treated as zero.
Details
Exception
Charges moved to Pay Over Time on the Closing Date count from the next day
Supporting quotations
We add a new charge to a daily balance as of its transaction date, except for charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date, which we add to a daily balance as of the day after they are moved to your Pay Over Time balance. If the daily balance is negative, we treat it as zero.
Charges & Financial Obligations · Company practice
Interest compounds daily because unpaid interest and the previous day's interest feed into the next day's balance
For the first day of a billing period, the beginning balance is the ending balance from 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 interest equal to that day's balance multiplied by the DPR for that balance. American Express states that this method results in daily compounding of interest.
Details
When
Compounds daily
Supporting quotations
Beginning balance: 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.
Charges & Financial Obligations · Permission or license
American Express may use other equivalent methods and may choose not to charge interest on certain charges
To figure the average daily balance and interest, 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.
Details
Who
American Express
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 are limited to those that 'produce equivalent results'.
Not stated here
Which types of charges might be exempt from interest is not stated.
Legal Rights & Agreement Rules · Context
Federal law generally limits the cost of credit to Armed Forces members and dependents to 36 percent APR
The Military Lending Act statement says federal law gives important protections to members of the Armed Forces and their dependents. 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. That rate must include, as applicable, costs of 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).
Details
Where
United States federal law
What it covers
36 percent APR cost-of-credit limit for covered borrowers
Supporting quotations
Military Lending Act: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. 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).
Qualifications & exceptions
The statement is introduced with 'In general'.
Which people and accounts it covers is described by reference to federal law, which the agreement does not reproduce.
Legal Rights & Agreement Rules · Restriction or exception
Covered borrowers under the Military Lending Act are not subject to the Arbitration provision
A covered borrower under the Military Lending Act is not bound by the Arbitration provision of the Claims Resolution section in connection with this Account. If the covered borrower elects arbitration, American Express says it will comply with its obligations under the Claims Resolution section. The statement also gives a number, 855-531-0379, to hear the statement and a description of the payment obligation for the Account.
Details
Condition
The Card Member is a covered borrower under the Military Lending Act
Exception
The Arbitration provision does not apply
Supporting quotations
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
Applies to a covered borrower under the Military Lending Act.
If the covered borrower elects arbitration, American Express states it will comply with its obligations under Claims Resolution.
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. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of the Agreement. Additional Cards include Companion Cards, if available.
Details
Who
American Express
What it does
Issue Additional Cards at the Card Member's request; report their use to credit reporting agencies
Supporting quotations
Additional Card Members: 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.
You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members.
Qualifications & exceptions
Issuing an Additional Card is something American Express 'may' do at your request.
Additional Cards include Companion Cards only 'if available'.
Account & Service Control · Restriction or exception
You are responsible for all use by Additional Card Members and anyone they let use the Account
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 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.
Details
Who
The Card Member (Basic or Primary)
What it does
Contact American Express to cancel an Additional Card Member's ability to use the Account
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.
Qualifications & exceptions
Responsibility extends to anyone an Additional Card Member allows to use the Account.
Additional Card annual fee refunds follow the Part 3 closing policy, applied when the fee-bearing card is cancelled
If an Annual Fee applies for an Additional Card, the refund policy is the one disclosed in the Closing or suspending your Account sub-section of Part 3. If a single Annual Fee applies for a group of Additional Cards on your Account, that policy applies when you cancel the Additional Card on which the fee was assessed.
Details not recorded for this card
Supporting quotations
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
For a group fee, the refund policy applies on cancellation of the card on which the fee was assessed.
Notices are sent by mail, courier or electronically and count as given when mailed or delivered
American Express sends notices by U.S. mail, courier, or electronically using the information in its records. A notice is considered given when it is mailed or delivered electronically.
Details
When
A notice is given when mailed or delivered electronically
Supporting quotations
Sending you notices: 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
A notice is considered given on sending, not on receipt.
Use & Processing · Permission or license
You authorize American Express and its affiliates, agents and contractors to contact you by many methods
If American Express needs to contact you to service your Account or to 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 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.
Details
Who
American Express and its affiliates, agents and contractors
Why
Servicing the Account or collecting amounts owed
What it does
Contact by phone, text, email or push notification, including automated dialer or prerecorded messages
Supporting quotations
Servicing and Collections: 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 purpose is stated as servicing the Account or collecting amounts owed.
Contact is limited to methods 'permitted by law'.
Numbers include ones American Express believes it can reach you at, not only ones you gave.
Data Access & Collection · Permission or license
American Express may monitor and record calls between you and it
American Express may monitor and record any calls between you and it.
Details
Who
American Express
What it does
Monitor and record calls
Supporting quotations
Call monitoring: We may monitor and record any calls between you and us.
Not stated here
How recordings are used, shared or retained is not stated.
Account & Service Control · Restriction or exception
You must tell American Express immediately when your address, email or phone changes, 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 must notify it separately for each Account. It may update your billing address if it receives information that it has changed or is incorrect.
Details
Who
The Card Member
What it does
Notify of changes to mailing address, email or telephone number
Supporting quotations
Changing your contact information: 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 separately for each Account.
Legal Rights & Agreement Rules · Restriction or exception
If American Express credits a disputed charge, you assign your claims against the merchant to it
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 to cooperate with it if it decides to do so.
Details
Condition
American Express credits all or part of a disputed charge
Exception
Tort claims are excluded
Supporting quotations
Disputed charges: 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 will cooperate with us if we decide to do so.
Qualifications & exceptions
The assignment applies when American Express credits the Account for the disputed charge, and is limited to the credited amount for pursuing the merchant.
Tort claims are excluded from the assignment.
Data Access & Collection · Permission or license
You agree American Express will obtain credit reports and may use that information for any purpose, subject to law
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 also agree that it will use such information for any purposes (for example, marketing to you or evaluating you for a new Account), subject to applicable law.
Details
Who
American Express
Why
Any purpose, for example marketing or evaluating you for a new Account, subject to 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 is 'for any purposes', with marketing and evaluating you for a new Account given as examples.
American Express gives Account information to credit reporting agencies, and tells them if you break the terms
You agree that American Express will give information about the Account to credit reporting agencies. It 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 given to a credit reporting agency is incorrect, you can write to the American Express Credit Bureau Unit at the address stated, telling it the specific information you believe is incorrect.
Details
Who
American Express
What it does
Write to the Credit Bureau Unit to dispute information given to a credit reporting agency
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
The dispute route stated is writing to the stated address, naming the specific information you believe is incorrect.
Account & Service Control · Restriction or exception
American Express may treat the Account as in default for violations, false information, bankruptcy or inability to pay
American Express may consider your Account to be in default if you violate a provision of the Agreement, you give it false information, you file for bankruptcy, you default under another agreement with it or an affiliate, or it believes you are unable or unwilling to pay your debts when due.
Details
Who
American Express
Condition
Violation of the Agreement, false information, bankruptcy, default under another agreement with it or an affiliate, or belief of inability or unwillingness to pay
Supporting quotations
Default: 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 last trigger rests on American Express's belief about you being unable or unwilling to pay.
Not stated here
Another agreement with American Express or an affiliate is referred to but its text is not supplied here, so this card cannot say what would count as a default under it.
After default, incapacity or death, American Express may suspend charging, cancel features or demand payment in full
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.
Details
Who
American Express
Condition
The Account is in default, or the Card Member is incapacitated or dies
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
Limited to what is permitted by federal and applicable state law.
The trigger includes becoming incapacitated or dying, not only default.
Charges & Financial Obligations · Restriction or exception
You agree to pay 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.
Details
Who
The Card Member
Supporting quotations
Collection costs: You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.
American Express may cancel or suspend the Account or its features at any time and for any reason
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's terms. It may agree to reinstate the Account and any Additional Cards, and charge any applicable annual fees and a fee to reinstate the Account.
Details
Who
American Express
What it does
Cancel the Account or suspend charges or features
When
At any time
Supporting quotations
Closing or suspending your Account: We 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 we do any of these, you must still pay us for all charges under the terms of this Agreement. We may agree to reinstate your Account, reinstate any Additional Cards issued on your Account, and charge you any applicable annual fees and a fee to reinstate the Account.
Qualifications & exceptions
The right is stated for 'any reason', not only default.
Reinstatement is at American Express's agreement, with a fee.
Not stated here
The reinstatement fee amount is not stated here; the reopen fee for an Account the Card Member asks to re-open is in the next section.
You may close the Account; the Annual Fee is refunded only if you close within 30 days of the statement 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 the Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after that 30-day period, the Annual Fee is non-refundable. This refund policy does not apply if your billing address is in the Commonwealth of Massachusetts when you close the Account. If your Account is cancelled and American Express re-opens it at your request, it may charge a $25 fee.
Details
What it does
Close the Account by calling or writing
When
Within 30 days after the Closing Date of the statement showing the Annual Fee
Where
Commonwealth of Massachusetts billing address: the refund policy does not apply
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 30 days run from the Closing Date of the statement on which the Annual Fee appears.
The refund policy does not apply to a Massachusetts billing address at the time of closing.
The $25 fee applies to re-opening an Account at the Card Member's request after cancellation.
Paying by check authorizes a one-time electronic debit, possibly the same day, and the check is not returned
When you pay American Express by check, you authorize it 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 as soon as the same day it receives your check, and you will not receive the check back from your bank or financial institution. In certain circumstances it may process the payment as a check transaction.
Details
Who
American Express
What it does
Use check information to make a one-time electronic fund transfer
When
As soon as the same day the check is received
Supporting quotations
When you pay us by check; permission for electronic debit: 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. When we do this, 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
Applies when you pay by check.
In certain circumstances the payment may instead be processed as a check transaction.
Charges & Financial Obligations · Company practice
Foreign currency charges are converted to U.S. dollars by AEEML at a rate it chooses within stated limits
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 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. The 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 they use.
Details
Who
AE Exposure Management Ltd. (AEEML)
When
The date American Express or its agents process the charge
Supporting quotations
Converting charges made in a foreign currency: 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 rate is chosen by AEEML, an entity named in the Agreement, within the stated 'no more than the highest' limits.
The conversion date is when American Express or its agents process the charge, which can differ from the charge date.
Charges converted by establishments are billed at the establishments' rates.
Charges at federal agencies that accept the Card are collected for processing and may be aggregated for 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.
Details
Where
United States federal agencies
Why
Processing, billing, collections; aggregated reporting, analysis and marketing
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
Applies to charges at federal agencies that accept the Card.
Aggregated use for reporting, analysis and marketing is listed alongside the routine uses.
Not stated here
The Federal Register publications of other agency routine uses are not supplied here.
American Express and affiliates may tell you about insurance and other products, and affiliates may be compensated
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. Compensation may influence what products and providers American Express or its affiliates tell you about.
Details
Who
American Express and its affiliates
Supporting quotations
Insurance products: 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 extracted text splits the sentence 'that may have a ... fee' across two blocks; it is read here as 'may have a fee'.
Compensation to affiliates is stated as possible ('may').
Not stated here
Which products, providers and compensation amounts are involved is not stated.
American Express may share information about you with affiliates to identify products, and may be paid 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.
Details
Who
American Express, with its affiliates
Why
Identifying products that may interest you
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
Stated as something American Express 'may' do.
Not stated here
Which information is shared and who the affiliates are is not stated here.
American Express may add, change or remove any benefit, feature or service 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.
Details
Who
American Express
What it does
Add, modify or remove benefits, features or services
Supporting quotations
Changing benefits: 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
No notice period is stated for changes to benefits.
Legal Rights & Agreement Rules · Permission or license
American Express may transfer the Agreement and Account without notice; you may not
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 under the Agreement.
Details
Who
American Express
What it does
Sell, transfer or assign the Agreement and Account without notice
Supporting quotations
Assigning the Agreement: 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.
Legal Rights & Agreement Rules · Restriction or exception
Delay or non-use of a right does not waive it on another occasion
American Express may choose to delay enforcing, or not exercise, rights under the Agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.
Details not recorded for this card
Supporting quotations
We do not waive our rights: 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.
Utah and federal law govern; Maryland billing addresses are offered under Maryland Commercial Law Title 12, Subtitle 9
Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. American Express states it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents with a Maryland billing address, it 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.
Details
Where
Utah and federal law; Maryland billing addresses under Title 12, Subtitle 9 of the Maryland Commercial Law Article
Supporting quotations
Governing law: 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 applies only if the Account has a Maryland billing address, and only to the extent Maryland law applies.
Charges & Financial Obligations · Context
Oregon notice: service charges not above what the law permits, and you may pay more than the minimum
For Oregon residents, the notice says service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. It also says you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Details
Where
Oregon residents
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.
Charges & Financial Obligations · User right or choice
Washington notice: no interest solely caused by a merchant's or American Express's late posting of a return credit
For residents of Washington State, the 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 it of the merchant's delay in posting such credit, or from its failure to post such credit to your Account within three working days of receiving the credit.
Details
Where
Washington State residents
When
Seven working days for the merchant's credit; three working days for American Express's posting
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.
Two situations are described: a merchant's failure to transmit the credit within seven working days (where you have notified American Express of the delay), and American Express's failure to post the credit within three working days of receiving it.
The sentence is ambiguous on whether the notification requirement also applies to the second situation.
Not stated here
The text of Section 63.14.167 is not supplied in the Agreement, so this card does not say what the statute itself provides.
Legal Rights & Agreement Rules · User right or choice
Claims Resolution: call Customer Service first; the section includes an arbitration provision you can reject
Most concerns can be resolved by calling the Customer Service Department at the number on the back of the Card. If Customer Service cannot resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending written notice within 45 days after your first Card purchase.
Details
What it does
Reject the arbitration provision by written notice
When
Within 45 days after the 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. See Your Right to Reject Arbitration below.
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.
Qualifications & exceptions
The rejection window is 45 days after the first Card purchase.
The rejection must be in writing and meet the requirements in Your Right to Reject Arbitration.
Legal Rights & Agreement Rules · Restriction or exception
'Claim' is defined very broadly and 'you and us' includes parents, subsidiaries and affiliates
For the Claims Resolution section, 'you' and 'us' include any corporate parents, subsidiaries, affiliates or related persons or entities. A Claim is 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 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 that arise from or relate to accounts created under any of the agreements, advertisements, promotions or statements about accounts, goods or services financed, 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.
Details
What it covers
Any current or future claim, dispute or controversy relating to Accounts, the Agreement or any relationship with American Express
Exception
Validity, enforceability or scope of the Arbitration provision
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 list is introduced with 'includes but is not limited to', so it is not exhaustive.
The validity, enforceability or scope of the Arbitration provision is excluded from the definition of Claim.
Legal Rights & Agreement Rules · Procedure
Before a lawsuit, mediation or arbitration, each side sends a written claim notice describing the claim and relief
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 an opportunity to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. A sample is available at americanexpress.com/claim. 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.
Details
What it does
Send a written claim notice describing the claim and the relief demanded
Supporting quotations
Sending a Claim Notice: 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. Go to americanexpress.com/claim for a sample claim notice. 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 requirement applies before a lawsuit, mediation or arbitration.
Legal Rights & Agreement Rules · Procedure
Mediation: submit within 30 days of a claim notice to JAMS or AAA; American Express pays the mediator
In mediation, a neutral mediator helps parties resolve a claim but does not decide it. Before mediation, you or American Express must first send a claim notice. Within 30 days after sending or receiving a claim notice, either may submit the claim to JAMS or the American Arbitration Association (AAA) for mediation. American Express will pay the mediator's fees. Mediation-related communications are confidential, inadmissible in court and not subject to discovery. All applicable statutes of limitation are tolled from the date the claim notice is sent until the mediation terminates. Either party may terminate the mediation at any time, and submitting or not submitting a claim to mediation does not affect the right to elect arbitration.
Details
When
Within 30 days after sending or receiving a claim notice
Who
JAMS or the American Arbitration Association (AAA)
Supporting quotations
Mediation: 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
Mediation is submitted by either party within 30 days after a claim notice is sent or received.
American Express pays the mediator's fees.
Legal Rights & Agreement Rules · Restriction or exception
Either side may elect individual arbitration, which replaces court, jury trial and class participation for that claim
You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, or to participate in a representative capacity or as a member of any class pertaining to the claim. Procedures are generally simpler than in court, discovery is more limited, the arbitrator's authority is limited to claims between you and American Express alone, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to the specific case. Decisions are as enforceable as a court order, subject to very limited court review, and except as set forth below are final and binding. Other rights available in court may also not be available in arbitration. American Express will not elect arbitration for a claim you file in small claims court so long as the claim is individual and pending only in that court, and you may reject the arbitration provision within 45 days after your first Card purchase.
Details
Who
You or American Express
What it does
Elect individual arbitration
Exception
Small claims court claims that are individual and pending only in that court
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. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. 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.
Qualifications & exceptions
Either party may elect arbitration.
Exception: American Express will not elect arbitration for an individual claim pending only in small claims court.
Exception: the Arbitration provision can be rejected in writing within 45 days after the first Card purchase.
A separate statement in Part 2 says the Arbitration provision does not apply to a covered borrower under the Military Lending Act.
Arbitration starts with a claim notice and goes to JAMS or AAA as chosen by the party electing it
Before beginning arbitration, you or American Express must first send a claim notice. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and 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 be referred 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).
Details
Who
JAMS or AAA, as selected by the party electing arbitration
When
Within 30 days after receiving notice of American Express's selection
Supporting quotations
Initiating Arbitration: 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. Contact JAMS or AAA to begin an arbitration or for other information. 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 is selected by the party electing arbitration; if that is American Express, the Card Member may select the other organization within 30 days after notice.
The organization's rules apply except where they conflict with the Agreement.
Not stated here
The text of the Federal Arbitration Act is not supplied in the Agreement, so this card does not describe what it provides.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration may be elected at any time until trial begins or judgment is entered, except small claims cases
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.
Details
Exception
Individual claims filed in and pending only in small claims court
When
Any time unless trial has begun or final judgment has been entered
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 requires the claim to be individual and pending only in that court.
The election right ends once trial has begun or final judgment has been entered in a court case.
A military-lending statement in Part 2 separately says the Arbitration provision does not apply to a covered borrower under the Military Lending Act.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is on an individual basis; if that limit is invalid, the whole Arbitration provision falls away
If either party elects arbitration, the claim is arbitrated on an individual basis. There is no right or authority for 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) will not apply.
Details
Exception
Class or representative arbitration is not allowed
Condition
Any portion of the Limitations on Arbitration is deemed invalid or unenforceable
Supporting quotations
Limitations on Arbitration: 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 Limitations on Arbitration are held invalid or unenforceable in any part, the whole Arbitration provision (apart from that sentence) does not apply, rather than only the invalid part.
Arbitration procedures: FAA governs, confidentiality, and a hearing format choice for claims of $10,000 or less
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 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 American Express agree the arbitration will be confidential and that American Express will not disclose the content or outcome of the proceeding to anyone, but either may notify any government authority of the claim as permitted or required by law. 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 any party's request, the arbitrator provides a brief written explanation of the award. At your election, hearings take place in the federal judicial district of your residence.
Details
Condition
Claim is for $10,000 or less: choose documents-only, telephonic or in-person
Where
Federal judicial district of your residence, at your election
Supporting quotations
Arbitration Procedures: 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. 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 any party's request, the arbitrator will provide a brief written explanation of the award.
At your election, arbitration hearings will take place in the federal judicial district of your residence.
Qualifications & exceptions
The hearing-format choice applies only to claims of $10,000 or less.
The agreement states that you and American Express agree the arbitration is confidential, while American Express is described as not disclosing the content or outcome; either may notify a government authority as permitted or required by law.
The hearing location in the federal judicial district of your residence is at your election.
Not stated here
The text of the Federal Arbitration Act is not supplied in the Agreement.
An arbitration award can be appealed within 35 days to a three-arbitrator panel
The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or 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 that decides 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 upon any award may be entered in any court having jurisdiction.
Details
When
Appeal notice within 35 days after the award is issued
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. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.
Qualifications & exceptions
Appeal notice must be given in writing within 35 days after the award is issued.
The panel decides anew any aspect objected to, on written submissions.
Legal Rights & Agreement Rules · User right or choice
You pay arbitration fees only up to the court filing fee; a larger-than-offer award brings at least $5,000 and fees
You are responsible for 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. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of fees, or paying for the 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 (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.
Details
Condition
Award is greater than any final offer American Express made before the final hearing
What it covers
At least $5,000 plus reasonable attorneys' fees, costs and expert and other witness fees
Supporting quotations
Arbitration Fees and Costs: 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 $5,000 minimum and the fee award apply only if the award is greater than American Express's final offer made before the final hearing.
The advance of fees or expert costs is something American Express will 'consider in good faith', not a promise.
Legal Rights & Agreement Rules · User right or choice
Reject arbitration by mailing a signed notice within 45 days of your first Card purchase; it reaches other open Accounts
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, state that you reject the Arbitration provision, and include your name, address, Account number and personal signature. No one else may sign it. If it complies, 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 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.
Details
What it does
Mail a signed written rejection notice with name, address and Account number
When
Within 45 days after the first Card purchase
Exception
Corporate Card Accounts and claims in pending litigation or arbitration
Supporting quotations
Your Right to Reject Arbitration: 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. Go to americanexpress.com/reject for a sample rejection notice. 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
The notice must be mailed within 45 days after the first Card purchase and signed personally by the Card Member.
The effect reaches the Card Member's other currently open American Express Accounts, with two exceptions: Corporate Card Accounts and claims already in pending litigation or arbitration.
Legal Rights & Agreement Rules · Restriction or exception
Claims Resolution survives closure, payoff, 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. If any portion of the section, other than as provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions.
Details
When
Survives termination, payoff, collection proceedings, bankruptcy and sale of the Account
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
The general severability statement excludes the Limitations on Arbitration subsection, where invalidity ends the whole Arbitration provision.