Platinum Card agreement text is dated 06/30/2026 and names American Express National Bank as issuer
This document is Part 1 of 3 of the Card Member Agreement for the Platinum Card®. Its first lines state "As of: 06/30/2026" and name 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.
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Supporting quotations
As of: 06/30/2026 Issuer: American Express National Bank
Qualifications & exceptions
The date is given only as "As of: 06/30/2026".
Not stated here
The text does not say whether 06/30/2026 is an effective date, a publication date or a revision date.
Charges & Financial Obligations · Company practice
Pay Over Time APR is Prime Rate + 12.74% to + 21.74%; cash advance APR is Prime Rate + 21.99%
The Rates and Fees Table gives the Annual Percentage Rate for Pay Over Time as the Prime Rate plus 12.74% up to the Prime Rate plus 21.74%, and the APR for cash advances as the Prime Rate plus 21.99%. Both are labeled variable APRs, so the actual percentage moves with the Prime Rate; the table sends the reader to the Explanation of Variable Rates in How Rates and Fees Work for how that happens. The table does not state which margin inside the Pay Over Time range applies to a particular account.
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Supporting quotations
Prime Rate + 12.74% to Prime Rate + 21.74%
This is a variable APR. See Explanation of Variable Rates below.
Prime Rate + 21.99%
This is a variable APR. See Explanation of Variable Rates below.
Qualifications & exceptions
Both rates are variable APRs.
Pay Over Time is a range; cash advances have a single stated margin.
Not stated here
The table does not say which margin within the Pay Over Time range applies to a given Card Member, or what factors decide it.
This table gives APRs only as a margin over the Prime Rate; it shows no Daily Periodic Rate (DPR) values.
Cross-references
qualified by (model-proposed): Variable APRs rise with the Prime Rate and will not exceed 29.99% — The Rates and Fees Table labels the Pay Over Time and cash advance APRs variable and points to the Explanation of Variable Rates, which says how Prime Rate changes flow through and states the 29.99% ceiling.
Charges & Financial Obligations · Restriction or exception
Penalty APR of Prime Rate + 26.74% can apply to new Pay Over Time transactions after a missed or returned payment
The penalty APR is a variable rate of the Prime Rate plus 26.74%. American Express 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 American Express says it will notify you if that happens). Once applied it lasts at least 6 months; the Account is reviewed every 6 months after that, and the penalty APR continues until you have made timely payments with no returned payments during the 6 months being reviewed.
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Supporting quotations
Prime Rate + 26.74%
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.
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, not to every balance.
"We have the right to apply" is a right, not an automatic result.
Not stated here
The table does not say how much notice, if any, is given when the penalty APR is applied other than for a returned payment.
Charges & Financial Obligations · Company practice
Pay Over Time charges avoid interest only if paid in full; cash advances accrue interest from the transaction date
The Rates and Fees Table says the Payment Due Date is at least 25 calendar days after the close of each billing period, and that American Express will not charge interest 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 detailed grace-period text later in Part 1 phrases the condition differently: no interest on those 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 with an active plan) in full by the Payment Due Date for each of the previous two billing periods. Cash advances are different: interest begins on the transaction date.
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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.
If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction 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:
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.
Qualifications & exceptions
The table summary says "each month"; the detailed section uses a zero-previous-balance test or the previous two billing periods. Both wordings are quoted rather than reconciled.
Covers charges automatically added to a Pay Over Time balance, not cash advances.
Not stated here
The text does not explain how the table summary ("each month") and the detailed two-previous-billing-periods condition fit together beyond their wording.
Charges & Financial Obligations · Company practice
Plan It charges a monthly plan fee of up to 1.33% of each purchase placed in a plan
A purchase placed in a Plan It plan carries a monthly plan fee, a fixed finance charge, of up to 1.33% of the purchase. The fee depends on the APR that would otherwise apply to the purchase (for a Pay Over Time purchase), the APR for Pay Over Time when the plan is created (for a Pay In Full purchase), or the lower of the two APRs (for a purchase divided between the two balances), plus the plan duration and other factors. Part 2 adds that each plan fee is disclosed before a plan is created.
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Supporting quotations
A monthly plan fee of up to 1.33% of each purchase placed in a plan
the plan duration; and other factors.
Each plan fee will be disclosed before you create the applicable plan.
Qualifications & exceptions
"Up to 1.33%" is a ceiling; the table says the actual fee depends on APR, plan duration and other factors.
Charged monthly on each purchase placed in a plan.
Not stated here
The table does not list what the "other factors" are.
Charges & Financial Obligations · Company practice
Annual fee on the Platinum Card is $895
The Rates and Fees Table lists an Annual Fee of $895 for the Platinum Card. Annual fees for additional cards are covered separately in How Rates and Fees Work.
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Supporting quotations
Annual Fee | $895
Charges & Financial Obligations · Company practice
Cash advance fee is the greater of $10 or 5%; no foreign transaction fee
The table lists a cash advance fee of either $10 or 5% of the amount of each cash advance, whichever is greater, and states that the foreign transaction fee is "None."
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Supporting quotations
Cash Advance: Either $10 or 5% of the amount of each cash advance, whichever is greater.
Charges & Financial Obligations · Company practice
Late payment and returned payment fees are each up to $40
The table lists a Late Payment fee of up to $40 and a Returned Payment fee of up to $40. The table does not say when a lower amount applies; How Rates and Fees Work gives the amounts and conditions.
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Supporting quotations
Late Payment: Up to $40. Returned Payment: Up to $40.
Qualifications & exceptions
Both are stated as "up to" amounts.
Not stated here
The table itself does not show the lower fee amount or how the amount is decided.
Charges & Financial Obligations · Company practice
Interest uses the average daily balance method including new purchases
The table states that interest is calculated with the average daily balance method (including new purchases) and points to the Part 2 section on how interest is calculated on Pay Over Time and Cash Advance balances.
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Supporting quotations
We use a method called average daily balance method (including new purchases).
Charges & Financial Obligations · Company practice
Variable APRs rise with the Prime Rate and will not exceed 29.99%
If the Prime Rate increases, variable APRs (and the corresponding DPRs) will increase, so you may pay more interest and may have a higher Minimum Payment Due. A change in the Prime Rate changes the variable APRs as of the first day of the billing period during which the Prime Rate changed. The agreement states that variable APRs will not exceed 29.99%. This explanation is what the Rates and Fees Table points to for the Pay Over Time, cash advance and penalty APRs, each of which is labeled a variable APR.
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Supporting quotations
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due.
When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate has changed.
Variable APRs will not exceed 29.99%.
This is a variable APR. See Explanation of Variable Rates below.
Qualifications & exceptions
The change takes effect from the first day of the billing period in which the Prime Rate changed, not from the day of the change.
The 29.99% ceiling is stated for "variable APRs"; the text does not separately discuss how it applies to the penalty APR (Prime Rate + 26.74%).
Not stated here
This section mentions DPRs but lists no DPR values; the published agreement does not show them (see the interest calculation card).
Prime Rate means the highest U.S. Prime Rate published in The Wall Street Journal on the Closing Date
For this agreement, the Prime Rate is the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If the Journal does not publish the rate that day, American Express uses the rate from the previous day it was published. If the Journal stops being published or stops publishing the Prime Rate, American Express "may" use the Prime Rate published in another newspaper of general circulation.
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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.
we may use the Prime Rate published in another newspaper of general circulation
Qualifications & exceptions
The replacement newspaper is at American Express's choice ("may"), and the text names no specific alternative.
Besides the Card's own Annual Fee (listed on the Rates and Fees Table), each Additional Platinum Card is $195 annually and each Companion Platinum Card is $0 annually. If an Annual Fee applies to an Additional Card, the refund policy is the one in the Closing or suspending your Account sub-section of Part 3.
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Annual Fee: This fee is on the Rates and Fees Table on page 1 of Part 1.
Each Additional Platinum Card is $195 annually, and each Companion Platinum 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.
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
If a single Annual Fee applies to a group of Additional Cards, the refund policy applies when you cancel the Additional Card on which the fee was assessed.
Charges & Financial Obligations · Company practice
The plan fee is a fixed finance charge billed each month a plan is active, disclosed before you set up a plan
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, and the Rates and Fees Table and the Plan It text in Part 2 give more detail.
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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.
Each plan fee will be disclosed before you create the applicable plan.
Charges & Financial Obligations · Company practice
Cash advance fee is 5% (including any ATM operator fee), minimum $10, 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.
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Supporting quotations
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 figured on the cash advance amount including any ATM operator fee.
Charges & Financial Obligations · Company practice
No foreign transaction fee, but American Express chooses the conversion rate for foreign-currency charges
The fee list says Foreign Transaction: None. Separately, Part 3 says that a charge 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. Unless law requires a particular rate, AEEML chooses a conversion rate acceptable to American Express; that 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 the rate on the date of the charge.
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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
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.
Qualifications & exceptions
"None" refers to a foreign transaction fee; conversion still happens at a rate chosen by AEEML.
Charges converted by establishments such as airlines are billed at the rates those establishments use.
Not stated here
The text does not give the conversion rate or margin actually applied; it states only an upper bound.
Charges & Financial Obligations · Company practice
Late and returned payment fees are $29 the first time and $40 if repeated within 6 billing periods
A late payment fee is charged if American Express does not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date: $29, and $40 if it happens again within the next 6 billing periods. A returned payment fee applies if a payment is returned unpaid the first time it is presented to your bank: $29, and $40 if it happens again within the same billing period or the next 6 billing periods. For each fee, the amount on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement. The Rates and Fees Table summarizes both as "up to $40."
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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.
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
Repeat window: next 6 billing periods for late payment; same billing period or next 6 billing periods for returned payment.
Cap: the fee will not exceed the Amount Due (or Minimum Payment Due, if applicable) on the prior billing statement.
Cross-references
qualifies (model-proposed): Late payment and returned payment fees are each up to $40 — The table lists late and returned payment fees as "up to $40"; How Rates and Fees Work gives the $29 first-time amount, the $40 repeat amount and the cap by prior Amount Due.
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 American Express's approved locations and the check is returned unpaid, the fee is $38 and American Express will also charge you the unpaid amount.
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Supporting quotations
$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 · Company practice
Account re-opening fee is $25 after a cancelled Account is re-opened at your request
A $25 fee applies if your Account is cancelled, you ask American Express to re-open it, and American Express does so.
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Supporting quotations
$25 if your Account is cancelled, you ask us to re-open it, and we do so.
Charges & Financial Obligations · Restriction or exception
Cash advance balance may not exceed $8,000, and cash advances can also be limited by the Pay Over Time Limit
Your cash advance balance may not exceed $8,000, and you agree to manage your Account so that the cash advance balance (including fees and interest) is not more than that Cash Advance Limit. For this limit, the balance is figured by adding new cash advance transactions to the prior day's ending cash advance balance. 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. American Express may not approve a cash advance if it would push the total of your Pay Over Time and/or Cash Advance balance and Plan balance over your Pay Over Time Limit.
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Your cash advance balance may not exceed $8,000.
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.
your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day
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 $8,000 limit counts fees and interest in the cash advance balance.
"May not approve" is permissive; the text does not say American Express will always decline.
Not stated here
The text does not state the ATM cash or frequency limits; it says only that there "may" be such a limit.
Charges & Financial Obligations · Restriction or exception
Person-to-person transactions may not exceed $4,000 in any 30-day period
Your person-to-person transactions may not exceed $4,000 within any 30-day period, and you agree to manage your Account so the total in any 30-day period stays within that Person-to-Person Limit. American Express may decline a person-to-person transaction that would cause the Account to exceed the limit.
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Your person-to-person transactions may not exceed $4,000 within any 30-day period.
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
Measured over any 30-day period, not a calendar month.
Charges & Financial Obligations · Procedure
The monthly amount owed adds the Pay In Full balance, any Pay Over Time/Cash Advance minimum and any plan payment
The amount you owe each month is the sum of three items on your billing statement: the Pay In Full New Balance, any Pay Over Time and/or Cash Advance Minimum Due, and any Plan Payment Due. Each of these amounts includes any past due amounts.
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Supporting quotations
The amount you owe each month is the sum of the following on your billing statement:
Pay Over Time/Cash Advance Minimum Due is the highest of $40, 2% of the balance, or a tiered formula plus interest
The Pay Over Time and/or Cash Advance Minimum Due is the highest of three figures: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or a third total built in steps. For the third figure, start with the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the statement (the "Amount"), then add 1% of the Amount from $0 through $20,000, 2% of the portion from $20,000.01 through $35,000, 5% from $35,000.01 through $50,000 and 10% above $50,000; divide that sum by the Amount and round to four decimals; multiply by the Amount; and add the Interest charged on the statement plus any Pay Over Time and/or Cash Advance amount past due. The minimum due will not exceed the Pay Over Time and/or Cash Advance New Balance, and you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
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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.
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.
Qualifications & exceptions
Step labels in the source run a through g; the third option uses all of them.
Capped at the Pay Over Time and/or Cash Advance New Balance.
Worked example: $30,300 balance including $300 interest, with $40 and $606 as the first two options
The agreement's example assumes a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300 that includes $300 of interest. The first option is $40; the second is 2% multiplied by $30,300, which equals $606. For the third option the Amount is $30,300 minus $300, which equals $30,000. The example continues in the next section with the tiered calculation and the final Minimum Payment Due.
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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.
Worked example result: a $699 Pay Over Time minimum plus $200 Pay In Full gives a $899 Minimum Payment Due
Continuing the agreement's example with an Amount of $30,000: 1% of $20,000 is $200; 2% of the next $10,000 is $200; the 5% and 10% tiers are $0; ($200 + $200) divided by $30,000 is 0.0133; $30,000 times 0.0133 is $399; adding the $300 of interest gives $699. The highest of the three options is $699. That Pay Over Time and/or Cash Advance Minimum Due of $699 plus the $200 Pay In Full New Balance makes a Minimum Payment Due of $899.
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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
How We Calculate the Amount Due Each Month
Qualifications & exceptions
An illustration of the formula in the previous section, using the example's own figures.
Charges & Financial Obligations · Company practice
Automatic Pay Over Time charges bear interest from the transaction date unless a zero-balance or two-period test is met
If Pay Over Time is a feature of the Account, charges are added to a Pay Over Time balance and interest is charged on them as follows. For charges added automatically at the time they post, interest runs from the transaction date until paid. For charges or portions of charges that are moved automatically from the Pay In Full balance to the Pay Over Time balance on the Closing Date, interest runs from the day after they are added until paid. However, there is no interest on charges added automatically to the Pay Over Time balance in a billing period if either (1) the Pay Over Time Previous Balance for that billing period is zero, or (2) you paid the Account Total New Balance (or, with an active Plan It plan, the Adjusted Balance) in full by the Payment Due Date for each of the previous two billing periods.
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We charge interest on Pay Over Time balances as described below.
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
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 Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit.
Qualifications & exceptions
Applies to charges added automatically to a Pay Over Time balance, not to cash advances or Pay Over Time Select purchases.
The two exceptions are alternatives ("or"); the second looks back over the previous two billing periods.
Not stated here
The Rates and Fees Table summary says "each month"; this section states the zero-previous-balance and two-previous-billing-periods conditions. The text does not explain how the two wordings relate.
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 the agreement says you cannot avoid paying interest on cash advances. The grace-period conditions described for Pay Over Time charges do not apply to cash advances.
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Supporting quotations
For cash advances, we charge interest from the transaction date. You cannot avoid paying interest on cash advances.
Charges & Financial Obligations · Company practice
Pay Over Time Select purchases accrue interest from the date they are added at your request
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.
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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.
Not stated here
The text in this agreement does not otherwise define Pay Over Time Select or say how a purchase is added to a Pay Over Time Select balance.
Legal Rights & Agreement Rules · Context
Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; a copy can be requested
Part 1, Part 2, Part 3 and any supplements or amendments together make up your Card Member Agreement. You can request a copy through your online account or by calling the number on the back of your Card.
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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.
Using, signing or keeping the Card means you agree to the Agreement; you can cancel before first use or payment
The Card Member Agreement is made up of Part 1, Part 2 and Part 3 (and any supplements or amendments) for the Account identified on page 1 of Part 1. When you use the Account, or sign or keep the Card, you agree to its 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.
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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 cancel-without-fees right applies only if you have neither used the Account nor made a payment after receiving a billing statement.
Legal Rights & Agreement Rules · Permission or license
American Express may change the Agreement, subject to applicable law; the written Agreement cannot be changed orally
American Express may change the Agreement, subject to applicable law. The written Agreement is a final expression of the agreement governing the Account and may not be modified or amended by any alleged oral agreement.
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Supporting quotations
We may change this Agreement, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.
Qualifications & exceptions
The right to change is stated as "subject to applicable law."
Not stated here
This passage does not state a notice period, an opt-out right or how a change takes effect; any such terms would have to come from other text or from law.
"We" is the issuer, "you" the applicant (Primary Card Member), and a Card is any device that accesses the Account
"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.
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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.
A cash advance includes foreign currency, money orders, digital currency, casino chips and betting transactions
A "charge" is any amount added to the Account, such as purchases, cash advances, fees and interest. A "purchase" is a charge for goods, services or person-to-person transactions. A "cash advance" is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A "person-to-person transaction" is a charge for funds sent to another person or to add funds to an Amex Send account. These definitions decide which rates and fees apply, because cash advances carry their own APR, fee and limit.
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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 cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.
A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.
Qualifications & exceptions
The cash advance list is introduced by "including," so it is not stated to be the complete list.
A plan is a part of the balance paid in set monthly payments through Plan It; the Closing Date ends a billing period
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.
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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.
Account & Service Control · Restriction or exception
American Express decides whether to approve each charge; the Card is for personal, family or household purposes only
You may use the Card to make charges. American Express decides whether to approve a charge based on how you spend and pay on this Account and on other Accounts you have with it, and also considers your credit history and score and your personal resources that it knows about. You agree to use the Card for personal, family, or household purposes only.
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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.
You agree to use the Card for personal, family, or household purposes only.
We also consider your credit history and score and your personal resources that we know about.
Qualifications & exceptions
The personal, family or household restriction is something you agree to; the passage does not state a specific consequence.
Account & Service Control · Restriction or exception
If a Spending Limit is set, charges over it are more likely to be declined but may still be approved and must be paid
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 your charges, but it may approve charges that cause your total balance to exceed the limit, and if it does you must still pay for them. It may also decline charges that do not cause your total balance to exceed the limit, and it may change or remove the Spending Limit at any time.
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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
Applies only "if there is a Spending Limit on page 1 of Part 1."
Not stated here
The public text of Part 1 does not show whether a Spending Limit applies to any particular Account or what it is.
Sharing & Disclosure · Permission or license
American Express may tell merchants who store your Card number about a new number, expiration date or Account status
You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant can charge your Account at regular intervals. American Express may (but is not required to) tell those merchants and third parties if your expiration date or Card number changes or if your Account status is updated, including if your Account is cancelled. If you do not want American Express to share your updated Account information, the agreement says to contact it using the number on the back of your Card.
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Supporting quotations
You may arrange for certain merchants and third parties to store your Card number and expiration date
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 is a permission ("may"), not a commitment, and is not stated to be limited to merchants you personally arranged.
The opt-out is to contact American Express by phone; the text names no other method.
Security & Safeguards · Restriction or exception
You must keep the Card safe, report loss or misuse right away, and may not use the Account for illegal activities
You are told to 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, you should contact American Express right away. You may not use your Account for illegal activities.
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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 a charge for various reasons and is not responsible for losses if a charge is declined
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.
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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 reasons listed are examples ("including").
Charges & Financial Obligations · Company practice
Pay Over Time lets you carry a balance with interest up to your limit; when inactive, purchases are due in full
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 Pay Over Time is inactive are added to your Pay In Full balance, which is due in full each month. With a Pay Over Time balance, each month you can pay the Account Total New Balance in full, the Minimum Payment Due, or any amount in between. How charges are added to the Pay Over Time balance is described in the following text.
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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.
Qualifications & exceptions
Applies only "if Pay Over Time is a feature of your Account."
Charges & Financial Obligations · Company practice
Eligible charges join Pay Over Time if it is active at 8 p.m. ET on the merchant's 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 an eligible Annual Fee is charged), the charge is automatically added to your Pay Over Time balance, subject to your Pay Over Time Limit. If adding an entire charge would push the total of your Pay Over Time, Cash Advance and Plan balances over the Pay Over Time Limit, that charge goes to your Pay In Full balance instead. Charges made or Annual Fees charged while Pay Over Time is inactive go to the Pay In Full balance, due in full each month. The merchant's transaction date may differ from the date you made the purchase, for example if the merchant is slow to submit the transaction or uses the shipping date. Charges with the same transaction date are added in any order American Express chooses.
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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.
Qualifications & exceptions
The test is the Pay Over Time setting at 8 p.m. ET on the merchant-provided transaction date, not the date of purchase.
Pay Over Time Limit applies to the total of Pay Over Time, Cash Advance and Plan balances.
Charges & Financial Obligations · Company practice
On the Closing Date, eligible Pay In Full charges can be moved to Pay Over Time, in whole or in part, up to the limit
On your Closing Date, if 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 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 American Express to move all or part of those charges to your Pay Over Time balance, subject to the limit. If a charge would take the total over the limit, a portion up to the limit is moved and the rest stays in the Pay In Full balance. Eligible charges move in order of transaction date, with same-date charges in any order American Express chooses. Interest on charges moved this way runs from the day after they are added to the Pay Over Time balance (see the grace-period card for when no interest is charged). Certain charges are not eligible for this move (see the exclusions card).
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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.
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.
When We Charge Interest on Pay Over Time and Cash Advance Balances (Grace Period)
Qualifications & exceptions
You "authorize" the automatic move; it is described as part of how Pay Over Time works, not as a separate request.
The extracted text numbers the conditions "1)" and "3)"; the middle condition appears as the start of the next list item. Read here as three conditions that must all be present, as the passage lists them.
Not stated here
The extracted text does not show a marker for the second condition; the card follows the wording as extracted and does not supply one.
Charges & Financial Obligations · Restriction or exception
Disputed, fraud-reported, foreign-fee and plan charges are not moved to Pay Over Time on the Closing Date
A new charge, or a portion of one, is not eligible to be moved to the Pay Over Time balance on the Closing Date if: it 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 American Express determined it fraudulent in the billing period it posted or has not yet determined whether it is fraudulent in that billing period; you created a plan for the charge using Plan It; Pay Over Time is suspended on your Account; or your Account is cancelled or enrolled in a payment program.
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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
These exclusions apply to the Closing Date move; the passage does not itself say they apply to the transaction-date addition.
The fee list shows Foreign Transaction: None for this Card; this passage does not say whether any charge on this Card is subject to a Foreign Transaction Fee.
Charges & Financial Obligations · Restriction or exception
Some charges, such as cash advances, are not eligible for Pay Over Time, and American Express may suspend it at any time
Certain charges are not eligible for Pay Over Time, such as cash advances, 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 will not be able to change your Pay Over Time setting from inactive to active.
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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 may occur "at any time"; the listed bases are creditworthiness, Account status and payment program enrollment.
Your Pay Over Time setting stays in effect if you move to a new Card with the same Account number
If you transfer to a new Card with the same Account number, your Pay Over Time setting at the time of transfer remains in effect on the new Card.
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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
With Pay Over Time Travel, eligible travel purchases are added automatically whether Pay Over Time is active or inactive
If your Account has the Pay Over Time Travel feature, American Express automatically adds 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 Pay Over Time Travel, you will not be able to re-enroll.
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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 to Accounts that have the Pay Over Time Travel feature.
Cancelling the feature is permanent: no re-enrollment.
Not stated here
The text does not say which purchases count as "eligible travel-related purchases."
Charges & Financial Obligations · Company practice
Plan It may be offered for qualifying purchases, subject to a monthly plan fee
American Express may offer Plan It, which lets you create a payment plan for qualifying purchases subject to a plan fee. The 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. Plan details are in the next section.
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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.
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
A Plan It fee depends on the purchase's APR, plan duration and other factors, and is shown before you create the plan
You use Plan It by selecting qualifying purchases and a plan duration. You can view the monthly plan payments, including the plan fee, for your selection, and each plan fee is disclosed before you create the plan. The APR behind the fee depends on where the purchase sits: for a purchase in your Pay Over Time balance, the APR that would otherwise apply to it; for a purchase in your Pay In Full balance, the APR that applies to the Pay Over Time feature when you create the plan; and for a purchase divided between the two (because only part was moved to Pay Over Time on the Closing Date), whichever of those two APRs is lower. The Rates and Fees Table adds that the plan duration and other factors also affect the fee.
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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. Each plan fee will be disclosed before you create the applicable plan.
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.
or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.
the plan duration; and other factors.
We may offer you Plan It
Qualifications & exceptions
Which APR applies depends on whether the purchase is in the Pay Over Time balance, the Pay In Full balance, or divided between them.
Not stated here
The text does not say what "other factors" besides APR and plan duration affect the plan fee.
Charges & Financial Obligations · Restriction or exception
A qualifying Plan It purchase must meet a minimum amount; cash equivalents, foreign-fee purchases and fees are excluded
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.
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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.
Not stated here
The "specified dollar amount" is not given in this agreement text.
Charges & Financial Obligations · Restriction or exception
Plan creation depends on creditworthiness and the limit; suspension or any past-due American Express Account blocks it
Your ability to create plans is based on a variety of factors such as your creditworthiness and your Pay Over Time Limit, and you may not be able to create a plan that would cause you to exceed the limit. You cannot create plans if Pay Over Time is suspended or your Account is cancelled, or if one or more of your American Express Accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express will tell you the number of active plans you may have and may change that number at any time. The plan durations offered, and whether you can include several qualifying purchases in one plan, are at its discretion based on factors such as creditworthiness, the purchase amounts and your Account history.
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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.
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.
Qualifications & exceptions
The payment-program, returned-payment and past-due tests look at "one or more of your American Express Accounts," not only this Card.
Not stated here
The number of active plans permitted is not stated; the text says American Express will tell you.
Charges & Financial Obligations · User right or choice
Plans cannot be cancelled, but paying the Account Total New Balance in full pays one off early with no further 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.
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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 is by paying the Account Total New Balance in full, not by paying the plan alone.
Charges & Financial Obligations · Restriction or exception
The Pay Over Time Limit caps Pay Over Time, Cash Advance and Plan balances but 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 push the balance over goes to your Pay In Full balance. Delays in posting cash advances or plans can let the total exceed the limit. The limit is not a spending limit: American Express may approve or decline a charge whether your balance is above or below it. American Express may increase or reduce the limit at any time, even if you pay on time and are not in default, and says it will tell you if it changes. 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.
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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.
Not stated here
The public text does not show the Pay Over Time Limit for any Account; it says the limit is shown on page 1 of Part 1 and on statements.
Charges & Financial Obligations · Company practice
You promise to pay all charges, including those by others you permit, 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 and nobody signs for the transaction. 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.
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You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction.
You must pay 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.
Charges & Financial Obligations · Procedure
Payments must be in U.S. dollars by check, negotiable instrument or electronic payment clearable in the U.S.
Payments must be made 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. When paying by mail you make a separate payment for each Account, mail it to the address on the payment coupon on your billing statement, and write your Account number on the check or negotiable instrument and include the payment coupon.
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Supporting quotations
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.
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
A compliant payment is credited the day received if on time, else the next day; noncompliant payments may be delayed
If your payment meets the stated 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 in your billing statement; if it receives it after that time, it credits the payment on the day after. If your payment does not meet the requirements, there may be a delay in crediting your Account, which may result in late payment fees and additional interest charges.
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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.
Charges & Financial Obligations · Restriction or exception
Foreign-currency and non-U.S.-bank payments are refused; processing a late, partial or restricted payment waives nothing
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.
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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 go first to the Pay In Full balance and plan amounts due, then to the lowest-rate balance up to the minimum
Where an Account has balances at different interest rates, plan balances or plan fees, American Express says it "generally" applies payments in a billing period in two stages. Up to the Minimum Payment Due, a payment goes 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, starting with the balance with the lowest interest rate and moving to 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.
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Supporting quotations
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
Described as how payments are "generally" applied, not as an exhaustive rule.
The order reverses on rate direction once the Minimum Payment Due is paid: lowest rate first up to the minimum, highest rate first after it.
Charges & Financial Obligations · Procedure
Credits generally go to the balance of the related charge; a credit for a plan purchase must be applied by calling
In most cases a credit is applied to the same balance as the related charge. Payments and credits within a balance, and among balances with the same interest rate, may be applied in any order American Express chooses. A negative balance at the end of a billing period is redistributed to other balances under the payment order described above, which means plan balances may in some circumstances get paid before they otherwise would. If you receive a credit for a purchase added to a plan, you must call American Express at the number on the back of your Card to have the credit applied to the plan balance.
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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 related charge's balance.
Charges & Financial Obligations · Company practice
Interest is calculated for each balance separately 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, since 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 charged for the billing period is the sum of the interest on each balance.
Details not recorded for this card
Supporting quotations
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 for a balance equals average daily balance times the daily periodic rate times the days in the billing period
The interest charged on a balance in a billing period, except for rounding, equals the Average Daily Balance (ADB) multiplied by the Daily Periodic Rate (DPR) multiplied by the number of days in the billing period. The ADB is the sum of the daily balances divided 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 not recorded for this card
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.
Qualifications & exceptions
Rounding variations are expressly excepted.
Not stated here
The agreement says "Your DPRs are shown in How Rates and Fees Work in Part 1," but that published section lists no DPR values (see the separate card).
The agreement says DPRs are shown in Part 1, but the published Part 1 lists no Daily Periodic Rate values
Part 2 states, "Your DPRs are shown in How Rates and Fees Work in Part 1." The published Part 1 does not contain them: its How Rates and Fees Work section holds only the Explanation of Variable Rates, Determining the Prime Rate, fees and limits, and its Rates and Fees Table gives APRs as the Prime Rate plus a margin (some as a range) with no DPR values. The agreement defines a DPR as 1/365th of an APR, but this card does not compute DPRs from the APRs or take them from another document; the published agreement does not show them.
Details not recorded for this card
Supporting quotations
Your DPRs are shown in How Rates and Fees Work in Part 1.
Prime Rate + 12.74% to Prime Rate + 21.74%
If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase.
Qualifications & exceptions
The reference is to "Your DPRs," which suggests Card Member-specific Part 1 content that the public document does not reproduce; the text itself does not say why they are absent.
Not stated here
The actual DPR values are not stated in this document and are not supplied here.
Worked example: 15.99% APR on a $2,250 average daily balance over 30 days gives $29.57 of interest
The agreement's example assumes a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%, and the interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57. The 15.99% rate is the example's own assumption and is not a rate stated for this Card.
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
Charges & Financial Obligations · Company practice
Daily balances add new charges as of the transaction date, and interest compounds daily
Each day's daily balance starts with the beginning balance for the day, adds any new charges, subtracts any payments or credits and makes any appropriate adjustments. A new charge is added as of its transaction date, except that charges automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date are added as of the day after they are moved. A negative daily balance is treated as zero. For the first day of a billing period the beginning balance is the prior period's ending balance, including unpaid interest; for later days it is the previous day's daily balance plus interest equal to that daily balance multiplied by the DPR. The agreement states that this method results in daily compounding of interest.
Details not recorded for this card
Supporting quotations
Daily Balance: We figure the daily balance for each balance by:
taking the beginning balance for the day,
adding any new charges,
subtracting any payments or credits; and
making any appropriate adjustments.
We add a new charge to a daily balance as of its transaction date, 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.
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.
we charge interest from the day after they are added to your Pay Over Time balance until they are paid
Qualifications & exceptions
"Appropriate adjustments" is not defined in this passage.
Not stated here
The text does not say what adjustments are "appropriate."
Charges & Financial Obligations · Permission or license
American Express may use other equivalent methods and may choose not to charge interest on certain types of charges
To figure the ADB and interest charges, American Express may use other formulas or methods that produce equivalent results. It may also choose not to charge interest on certain types of charges.
Details not recorded for this card
Supporting quotations
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.
Not stated here
The text does not say which types of charges might not bear interest.
Legal Rights & Agreement Rules · User right or choice
Military Lending Act notice: credit cost to Armed Forces members and dependents generally may not exceed a 36% APR
The Military Lending Act notice says federal law protects members of the Armed Forces and their dependents in extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and dependent may not exceed an annual percentage rate of 36 percent, and that rate must include, as applicable, credit insurance premiums, fees for ancillary products sold in connection with the credit, any application fee (other than certain ones) and any participation fee (other than certain ones for a credit card account). The notice also gives 855-531-0379 for hearing the statement and a description of the payment obligation.
Details not recorded for this card
Supporting quotations
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).
To listen to this statement, as well as a description of your payment obligation for this Account, call us at 855-531-0379.
Qualifications & exceptions
Stated as a general rule ("In general") and tied to federal law; the notice does not itself apply the cap to this Card's rates.
Not stated here
The notice does not say whether the stated Pay Over Time, cash advance or penalty margins stay under 36% for a covered borrower.
Legal Rights & Agreement Rules · Restriction or exception
Covered borrowers under the Military Lending Act are not bound by the Arbitration provision, but can elect it
If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section does not apply to you in connection with this Account. However, the agreement says that if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.
Details not recorded for this card
Supporting quotations
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
Only for a "covered borrower under the Military Lending Act"; the text does not define who qualifies beyond that phrase and the preceding notice.
Additional Cards may be issued at your request; 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, it is shown on page 2 of Part 1 of the Agreement (the Annual Fee for Additional Platinum and Companion Cards is stated in How Rates and Fees Work).
Details not recorded for this card
Supporting quotations
We may issue Additional Cards on your Account at your request. Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies. If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1 of this Agreement.
You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members.
Qualifications & exceptions
Issuing Additional Cards is something American Express "may" do at your request.
Companion Cards are included in "Additional Cards, if available."
You are responsible for all use of your Account by Additional Card Members and anyone they allow
You are responsible for all use of your Account by Additional Card Members and by 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. To end an Additional Card Member's ability to use your Account, you contact American Express. If an Annual Fee applies for an Additional Card, the refund policy is the one in the Closing or suspending your Account sub-section of Part 3; if a single fee covers a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed. In that sub-section, the Annual Fee is refunded if you notify American Express that you are voluntarily closing your Account within 30 days after the Closing Date of the statement on which the fee appears; that refund policy does not apply if your billing address is in the Commonwealth of Massachusetts when you close your Account.
Details not recorded for this card
Supporting quotations
You are responsible for all use of your Account by Additional Card Members and anyone they allow to use your Account and you must pay for all charges made. You also authorize us to give Additional Card Members information about your Account and to discuss it with them. Contact us if you want to cancel an Additional Card Member's ability to use your Account.
If an Annual Fee applies for an Additional Card, please refer to the refund policy disclosed in the Closing or suspending your Account sub-section of Part 3 of this Agreement. If a single Annual Fee applies for a group of Additional Cards on your Account, this policy will apply when you cancel the Additional Card on which the fee was assessed.
Closing or suspending your Account:
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.
If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.
Qualifications & exceptions
The Part 3 refund policy is stated not to apply to a Massachusetts billing address at the time of closing.
The refund wording in Part 3 speaks of closing "your Account"; this section says the policy applies when the Additional Card is cancelled.
Not stated here
The text does not say whether the 30-day window runs from the same statement Closing Date when only an Additional Card is cancelled, beyond saying the policy applies to the card on which the fee was assessed.
Notices are sent by mail, courier or electronically and count as given when mailed or delivered electronically
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 not recorded for this card
Supporting quotations
We send notices by U.S. mail, courier, or electronically using the information in our records. We consider a notice given when we mail it or deliver it electronically.
Qualifications & exceptions
A notice counts as given when sent, not when you receive or read it.
Account & Service Control · Permission or license
You authorize American Express, affiliates and collectors to contact you by call, text, email or push
If American Express needs to contact you to service your Account or collect amounts you owe, you authorize it (and its affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact it, or at which it believes it can reach you. It may contact you in any way permitted by law, such as calling, texting, emailing, or sending mobile application push notifications, may use an automated dialer or prerecorded messages, and may contact you on a mobile, wireless or similar device even if you are charged for it.
Details not recorded for this card
Supporting quotations
If we need to contact you to service your Account or to collect amounts you owe, you authorize us (and our affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact us, or at which we believe we can reach you. We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law. We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.
Qualifications & exceptions
Purpose is stated as servicing the Account or collecting amounts owed.
Methods are limited to those "permitted by law."
Not stated here
This passage does not describe a way to opt out of automated calls or texts.
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 not recorded for this card
Supporting quotations
We may monitor and record any calls between you and us.
Not stated here
The passage gives no purpose, retention period or notice practice for recorded calls.
Account & Service Control · Restriction or exception
You must notify American Express immediately of contact changes, separately for each Account
You must notify American Express immediately if you change your mailing address, email address or telephone number, and 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 the address has changed or is incorrect.
Details not recorded for this card
Supporting quotations
You must notify us immediately if you change your mailing address, email address, or telephone number. If you have more than one Account, you need to notify us separately for each Account. We may update your billing address if we receive information that it has changed or is incorrect.
Legal Rights & Agreement Rules · Restriction or exception
If American Express credits a disputed charge, you assign it your rights against the merchant (excluding tort claims)
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 American Express if it decides to pursue one.
Details not recorded for this card
Supporting quotations
If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.
You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.
Qualifications & exceptions
Applies only if American Express chooses to credit the Account; tort claims are excluded from the assignment.
The restriction on pursuing the merchant covers "the credited amount."
Data Access & Collection · Permission or license
You agree American Express will obtain credit reports and other information and use it for any purpose, incl. marketing
You agree that American Express will obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources, including information to verify and re-verify your employment and income. You also agree it will use that information for any purposes (for example, marketing to you or evaluating you for a new Account), subject to applicable law.
Details not recorded for this card
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
"Subject to applicable law" qualifies the use of the information for any purposes.
Not stated here
The passage does not name the "other sources" of information.
American Express reports Account information and non-compliance to credit agencies; errors are disputed by mail
You agree that American Express will give information about the Account to credit reporting agencies, and 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 it gave to a credit reporting agency is incorrect, you can write to American Express Credit Bureau Unit, P.O. Box 981537, El Paso, TX 79998-1537, and tell it the specific information you believe is incorrect.
Details not recorded for this card
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 correction route stated here is a written notice to the Credit Bureau Unit address.
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, give false information, file for bankruptcy, default under another agreement with it or an affiliate, or if it believes you are unable or unwilling to pay your debts when due.
Details not recorded for this card
Supporting quotations
Default: We may consider your Account to be in default if:
you violate a provision
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
Default is something American Express "may" consider; the last trigger rests on its belief.
Not stated here
The trigger "you default under another agreement you have with us or an affiliate" refers to other agreements whose text is not supplied here, so the card cannot say what a default under them involves.
Account & Service Control · Restriction or exception
On default, incapacity or death, American Express may suspend charging, cancel features and demand the balance
If American Express considers your Account in default, or if you become incapacitated or die, it may, to the extent permitted by federal and applicable state law, suspend your ability to make charges, cancel or suspend any feature on your Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay your Account balance immediately.
Details not recorded for this card
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
Each remedy is a "may" and is limited "to the extent permitted by federal and applicable state law."
Charges & Financial Obligations · Company practice
You agree to pay reasonable costs, including attorneys' fees, that American Express incurs to collect what you owe
You agree to pay all reasonable costs, including attorneys' fees, that American Express incurs to collect amounts you owe.
Details not recorded for this card
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 the Account or suspend charging or features at any time 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 any of these, you must still pay for all charges under the terms of the Agreement. It may agree to reinstate your Account and any Additional Cards, and may charge applicable annual fees and a fee to reinstate the Account.
Details not recorded for this card
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
No reason is required ("for any reason").
Reinstatement is at American Express's agreement ("may agree").
Charges & Financial Obligations · User right or choice
You may close the Account by call or letter; the Annual Fee is refunded only if you close within 30 days
You may close your Account by calling or writing to American Express. If an Annual Fee applies, it will refund the fee if you notify it that you are voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after the 30-day period, the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts when you close your Account, "this policy will not apply to you."
Details not recorded for this card
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.
Qualifications & exceptions
Refund requires notifying American Express that you are voluntarily closing the Account.
The 30 days run from the Closing Date of the statement on which the Annual Fee appears.
Not stated here
For a Massachusetts billing address the text says only that "this policy will not apply to you"; it does not say what refund rule applies instead.
Charges & Financial Obligations · Company practice
If a cancelled Account is re-opened at your request, American Express may charge a $25 fee
If your Account is cancelled and American Express re-opens it at your request, it may charge you a $25 fee. This matches the $25 Account Re-opening fee listed in How Rates and Fees Work, which describes it as a fee that applies when the Account is cancelled, you ask to re-open it and American Express does so.
Details not recorded for this card
Supporting quotations
If your Account is cancelled and we re-open it at your request, we may charge you a $25 fee.
Charges & Financial Obligations · Permission or license
Paying by check authorizes a one-time electronic debit from your bank account, possibly the same day
When you pay by check, you authorize American Express 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 the check, and you will not receive the check back from your bank or financial institution. In certain circumstances it may process your payment as a check transaction.
Details not recorded for this card
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
The authorization is for a one-time transfer for that check payment.
Not stated here
The passage does not say which "certain circumstances" lead to processing as a check transaction.
Charges & Financial Obligations · Company practice
Foreign-currency charges are converted to U.S. dollars by AE Exposure Management Ltd. at a rate it chooses
If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") converts it into U.S. dollars on the date American Express or its agents process it, and you are billed in U.S. dollars at that conversion. Unless law requires a particular rate, AEEML chooses a rate acceptable to American Express for that date, which 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 not recorded for this card
Supporting quotations
If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion.
Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date. The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge.
We will bill charges converted by establishments (such as airlines) at the rates they use.
Qualifications & exceptions
The rate is an upper bound ("no more than the highest"), not a fixed or guaranteed rate.
The conversion date is when American Express or its agents process the charge, which may be later than the charge date.
Not stated here
The text does not state the margin or rate AEEML actually applies.
Charges at federal agencies that accept the Card are collected for processing and may also 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 not recorded for this card
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.
Marketing use is stated for the aggregated form of the information.
Not stated here
The text does not say which fields of "certain charge information" are collected or what "aggregated" means in practice.
American Express and affiliates may tell you about insurance and other products; 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, and the agreement says compensation may influence what products and providers American Express or its affiliates tell you about.
Details not recorded for this card
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 sentence about products that "may have a fee" runs across a page break in the source: it ends "may have a" in one block and continues with "fee." in the next.
Not stated here
The text does not identify the specific products or providers.
American Express may share information about you with affiliates to identify products of interest and may be compensated
American Express may share information about you with its affiliates so they can identify products that may interest you, and it may be compensated for this information.
Details not recorded for this card
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 purpose: affiliates identifying products that may interest you.
Not stated here
The passage does not say what information is shared, which affiliates receive it, or whether you can opt out.
American Express may add, modify 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 not recorded for this card
Supporting quotations
We have the right to add, modify or remove any benefit, feature or service included with or related to your Account at our discretion.
Not stated here
This passage gives no notice period and does not say whether any fee refund applies if a benefit is removed.
Legal Rights & Agreement Rules · Permission or license
American Express may sell or assign the Agreement and your Account without notice; you may not assign yours
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. American Express may also choose to delay enforcing, or not exercise, its rights; 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 may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement.
We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.
Utah and federal law govern the Agreement; Maryland billing addresses add a Maryland statute election
Utah law and federal law govern the Agreement and your Account, without regard to internal principles of conflicts of law. American Express states that it entered into the Agreement with you in Utah, where it is located and holds your Account. For Maryland residents: if your Account has a Maryland billing address, American Express elects to offer the Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.
Details not recorded for this card
Supporting quotations
Utah law and federal law govern this Agreement and your Account without regard to internal principles of conflicts of law. We entered into this Agreement with you in Utah, where we are located and hold your Account.
Maryland residents: If your Account has a Maryland billing address, we elect to offer your Account pursuant to Title 12, Subtitle 9 of the Maryland Commercial Law Article to the extent, if any, that Maryland law applies to your Account.
Qualifications & exceptions
The Maryland election applies only "to the extent, if any, that Maryland law applies" and only to Accounts with a Maryland billing address.
Not stated here
The text of Title 12, Subtitle 9 of the Maryland Commercial Law Article is not supplied here, so the card cannot say what that election means in practice.
Charges & Financial Obligations · Context
Oregon notice: service charges not above those permitted by law; you may pay more than the minimum at any time
The Notice to Oregon Residents states that service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month, and that you may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Details not recorded for this card
Supporting quotations
Notice to Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Qualifications & exceptions
A state-specific notice headed "Notice to Oregon Residents."
Not stated here
The text does not say which Oregon law sets the permitted level of service charges.
Charges & Financial Obligations · User right or choice
Washington notice: no interest owed that results solely from a delay in posting a credit
The notice for residents of Washington State cites Section 63.14.167 of the Revised Code of Washington Statutes and says you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven if you have notified American Express of the merchant's delay in posting such credit, or from American Express's failure to post such credit to your Account within three working days of its receipt of the credit.
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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
Headed "Notice for residents of Washington State"; the notification condition is worded after the merchant-delay limb, and the sentence does not make clear whether it also attaches to the second limb (American Express's own posting delay).
The relief is limited to interest that results "solely" from the stated delays.
Not stated here
The text of the cited Washington statute is not supplied here; the card reports only what this agreement states.
Legal Rights & Agreement Rules · User right or choice
Claims Resolution covers mediation, arbitration and litigation; arbitration can be rejected within 45 days
The Claims Resolution section says most concerns can be resolved by calling Customer Service, and that if Customer Service cannot resolve a complaint, the section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision, which you may reject by sending written notice within 45 days after your first Card purchase. The rejection notice must be mailed to American Express, P.O. Box 981556, El Paso, TX 79998, 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 your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and claims subject to pending litigation or arbitration when you send the notice.
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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.
You may reject this Arbitration provision by sending a written rejection notice to us at: American Express, P.O. Box 981556, El Paso, TX 79998.
Your rejection notice must be mailed within 45 days after your first Card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice.
If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the Card Member Agreements for any other currently open American Express Accounts you have will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration at the time you send your rejection notice.
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 45 days run from your first Card purchase, and the notice must be mailed within that period.
Rejecting arbitration does not affect your other rights or responsibilities under the Claims Resolution section or the Agreement, or your ability to use your Card or other benefits.
"Claim" covers nearly any dispute tied to your Account, its advertising, benefits or third parties
For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities. "Claim" means any current or future claim, dispute or controversy relating to your Account(s), the Agreement, or any agreement or relationship you have or had with American Express, except for the validity, enforceability or scope of the Arbitration provision. It includes initial claims, counterclaims, crossclaims and third-party claims; claims based on contract, tort, fraud, statute, regulation, common law and equity; claims by or against any third party using or providing any product, service or benefit in connection with any account; and claims arising from or relating to any account created under the agreements or its balances, advertisements, promotions or statements about accounts, goods or services financed under them or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.
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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 carve-out is only for disputes about the validity, enforceability or scope of the Arbitration provision itself.
The text defines "Claim" for the whole section; the card here records scope, not whether a claim goes to mediation, arbitration or court.
Legal Rights & Agreement Rules · Procedure
Before suing, mediating or arbitrating, each side sends a written claim notice stating the relief demanded
Before beginning a lawsuit, mediation or arbitration, you and American Express agree to send a written claim notice to each party against whom a claim is asserted, to give an opportunity to resolve the claim informally or through mediation. The notice must describe the claim and state the specific relief demanded. A sample notice is 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 proceeds to arbitration, the amount of relief demanded in a claim notice is not disclosed to the arbitrator until after the arbitrator rules.
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Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation.
The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.
If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.
Either side may submit a claim to JAMS or AAA mediation within 30 days of notice; American Express pays
In mediation a neutral mediator helps the parties resolve a claim without deciding 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, and American Express pays 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 ends, and either side may terminate mediation at any time. Submitting or failing to submit a claim to mediation does not affect the right to elect arbitration.
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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
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.
Legal Rights & Agreement Rules · Restriction or exception
Either side may elect individual arbitration, which replaces court and jury trial and bars class participation
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, and neither has the right to participate in a representative capacity or as a member of any class for a claim subject to arbitration. The text says arbitration procedures are generally simpler than court rules and discovery is more limited; the arbitrator's authority is limited to claims between you and American Express alone; claims may not be joined or consolidated unless you and it agree in writing; an award applies only to that case; and the arbitrator's decisions are as enforceable as any court order and subject to very limited review by a court. Except as set forth below, the decision is final and binding, and other rights you would have in court may also not be available. Exceptions and limits carried elsewhere in the section: American Express will not elect arbitration for an individual claim you file in small claims court and that is pending only in that court; otherwise either side may elect arbitration at any time unless the claim is in court and trial has begun or final judgment has been entered; and if the class and representative limits are held invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.
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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. 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.
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
Election is available to "you or we"; once any party elects, the court and jury trial rights for that claim are gone.
Small claims court is an exception only for individual claims pending only in that court, and only as to American Express electing arbitration.
Covered borrowers under the Military Lending Act are stated elsewhere not to be subject to the Arbitration provision, and a rejection notice within 45 days of the first Card purchase opts out.
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 also may be referred to another arbitration organization if you and American Express 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). You contact JAMS or AAA to begin an arbitration.
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Before beginning arbitration, you or we must first send a claim notice. Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection.
Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Qualifications & exceptions
The Agreement's terms prevail over the organization's rules where they conflict.
Not stated here
The text of section 5 of the Federal Arbitration Act and the JAMS and AAA rules are not supplied here, so the card cannot say what they provide.
"Select the other" is read as the other of JAMS or AAA; the passage does not spell this out.
Legal Rights & Agreement Rules · Restriction or exception
American Express will not elect arbitration for individual small claims cases; election is otherwise open until trial
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 them.
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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 commitment is American Express's only; it is limited to individual claims pending only in that court.
The text says nothing here about whether you can later elect arbitration against your own small claims filing.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is on an individual basis only, and if that limit is held 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. Notwithstanding any other provision, and without waiving the right to appeal such a decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, the entire Arbitration provision (other than that sentence) will not apply.
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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.
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
Qualifications & exceptions
The invalidity clause applies to "these Limitations on Arbitration"; the text does not say who decides invalidity.
The FAA governs arbitration; substantive law applies but not civil procedure or evidence rules
The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, and does not apply 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. Judgment on any award may be entered in any court having jurisdiction. At your election, arbitration hearings take place in the federal judicial district of your residence.
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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.
Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
Qualifications & exceptions
Hearing location is at your election and is in the federal judicial district of your residence.
Not stated here
The text of the FAA is not supplied here, so the card cannot say what it provides beyond what the Agreement states.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is confidential, but either side may notify government authorities of the claim
The Agreement says you and American Express agree the arbitration will be confidential, and that "we will not disclose the content of the arbitration proceeding or its outcome to anyone," but that you or American Express may notify any government authority of the claim as permitted or required by law.
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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.
Qualifications & exceptions
The notice carve-out lets either side tell a government authority about the claim as permitted or required by law.
Not stated here
The wording "You and we agree that we will not disclose" does not make clear whether the nondisclosure duty binds only American Express or both parties; the card quotes it and does not resolve it.
Legal Rights & Agreement Rules · User right or choice
For claims of $10,000 or less you choose a documents, telephone or in-person hearing
If your claim is for $10,000 or less, you may choose whether the arbitration is 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.
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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.
An arbitration award is final and binding subject to a 35-day notice of appeal 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 to decide anew, by majority vote based on written submissions, any aspect of the decision objected to, and the appeal otherwise follows the organization's appellate rules.
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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.
Qualifications & exceptions
The 35 days run from when the award is issued.
The panel decides "anew" any aspect of the decision objected to, on written submissions.
Not stated here
The arbitration organization's appellate rules and the FAA's review provisions are not supplied here.
Legal Rights & Agreement Rules · Company commitment
You pay arbitration fees only up to the court filing fee you would have paid; American Express pays the rest
You are 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. 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 any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
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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.
Qualifications & exceptions
The advance or expert-fee payment is only a commitment to "consider in good faith," not a promise to pay.
Legal Rights & Agreement Rules · User right or choice
If the arbitrator awards more than American Express's final offer, the award is at least $5,000 plus fees and costs
If the arbitrator rules in your favor for an amount greater than any final offer American Express 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.
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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
Applies only if the award exceeds any final offer American Express made before the final hearing.
The $5,000 floor is for the money part of the award; fees and costs are a separate item.
Legal Rights & Agreement Rules · User right or choice
To reject arbitration, mail a signed notice within 45 days of your first Card purchase; other open Accounts are covered
You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). The notice must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejection 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.
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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 deadline is "mailed within 45 days after your first Card purchase," a fixed window tied to your first purchase.
The Military Lending Act paragraph in Part 2 separately says the Arbitration provision does not apply to covered borrowers.
Claims Resolution survives closure, payoff, bankruptcy and sale of the Account; invalid parts do not void the rest
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 (if the Account is sold, its terms apply to the buyer). If any portion of the Claims Resolution section is deemed invalid or unenforceable, it does not invalidate the remaining portions, except as otherwise provided in the Limitations on Arbitration subsection, under which invalidity of those limits voids the Arbitration provision.
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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.
We may sell, transfer or assign this Agreement and your Account.
Qualifications & exceptions
The severability rule does not apply to the Limitations on Arbitration, which are handled by their own invalidity clause.