Amex EveryDay® Credit Card Agreement

Legal Rights & Agreement Rules · Context

Part 1 gives an "As of" date of 06/30/2026 and names American Express National Bank as issuer

This is Part 1 of 3 of the Card Member Agreement for the Amex EveryDay Card. It states "As of: 06/30/2026" and names American Express National Bank as the issuer.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

Qualifications & exceptions

• The text gives an "As of" date for this document; it does not say in this passage when the terms take effect for any particular account.

Not stated here

• The passage does not state an effective date or whether a different version applies to accounts opened earlier or later.

Charges & Financial Obligations · Company practice

Purchase APR is variable: Prime Rate plus 12.74% to Prime Rate plus 21.74%

The Rates and Fees Table gives the APR for purchases as the Prime Rate plus a margin, shown as a range from 12.74% to 21.74%. The table calls it a variable APR and points to the Explanation of Variable Rates.

Supporting quotations

Annual Percentage Rate (APR) for Purchases | Prime Rate + 12.74% to Prime Rate + 21.74%

This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• Variable APR: it changes with the Prime Rate (see the Explanation of Variable Rates in Part 1).
• The table states a range of margins, not a single margin.

Not stated here

• This passage does not say which margin within the 12.74% to 21.74% range applies to a given account or what drives that choice.
• The Prime Rate value itself is not stated, so no resulting percentage APR is shown here.

Cross-references

• qualified by (model-proposed): Variable APRs follow the Prime Rate and will not exceed 29.99% — The purchase APR is variable, so it moves with the Prime Rate from the first day of the billing period in which it changes, and variable APRs will not exceed 29.99%.

Charges & Financial Obligations · Company practice

Balance transfer APR is variable, in the same range as purchases, and applies only to transfers American Express accepts

The table shows a variable APR for balance transfers of Prime Rate plus 12.74% to Prime Rate plus 21.74% "for any balance transfer requests we may accept". The agreement defines a balance transfer as a charge to pay an amount owed on another credit card account.

Supporting quotations

Prime Rate + 12.74% to Prime Rate + 21.74% for any balance transfer requests we may accept.

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

Qualifications & exceptions

• The rate is stated for balance transfer requests American Express may accept, so it does not promise that a request will be accepted.
• Variable APR; a range of margins is shown, not a single margin.

Not stated here

• This passage does not say which margin within the range applies to a given balance transfer, or which requests are accepted.

Charges & Financial Obligations · Company practice

Cash advance APR is variable: Prime Rate plus 21.99%, and the definition of cash advance is broad

The table gives the APR for cash advances as the Prime Rate plus 21.99%, a variable APR. The agreement defines a cash advance as a charge to get cash or cash equivalents and lists examples that include travelers cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions.

Supporting quotations

APR for Cash Advances | Prime Rate + 21.99%

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

Qualifications & exceptions

• Variable APR tied to the Prime Rate.
• Whether a given transaction counts as a cash advance depends on the definition, which lists examples with the word "including" and so is not limited to the examples.

Not stated here

• The passage does not say how particular merchants or transactions are classified.

Charges & Financial Obligations · Restriction or exception

Penalty APR (Prime Rate plus 26.74%) may apply to new Transactions after a missed minimum payment or returned payment

American Express says it has the right to apply the Penalty APR, a variable rate of Prime Rate plus 26.74%, to new Transactions if you do not pay at least the Minimum Payment Due by the Payment Due Date, or if your payment is returned by your bank.

Supporting quotations

Penalty APR and When it Applies | Prime Rate + 26.74%

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

Qualifications & exceptions

• It is a right ("We have the right to apply"), not an automatic result.
• Applies to new Transactions; the passage does not say that it changes the rate on existing balances.
• Either trigger is enough: a payment below the Minimum Payment Due by the Payment Due Date, or a payment returned by your bank.

Not stated here

• The passage says "we will notify you if we do" but does not state the form or timing of that notice.
• The passage does not say what counts as "new Transactions" beyond that phrase.

Cross-references

• qualified by (model-proposed): If the Penalty APR is applied, it lasts at least 6 months and is reviewed every 6 months — The duration card limits how long the Penalty APR that the trigger card describes can apply: at least 6 months, then review every 6 months.

Charges & Financial Obligations · Restriction or exception

If the Penalty APR is applied, it lasts at least 6 months and is reviewed every 6 months

If the Penalty APR is applied, it applies for at least 6 months. American Express reviews the Account 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.

Supporting quotations

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

• The 6 months is a minimum ("at least 6 months").
• To end it, the 6 months being reviewed need timely payments and no returned payments.

Not stated here

• The passage does not define "timely" beyond the Payment Due Date mentioned in the trigger, or say when in a review the change takes effect.

Cross-references

• qualifies (model-proposed): Penalty APR (Prime Rate plus 26.74%) may apply to new Transactions after a missed minimum payment or returned payment — The duration card limits how long the Penalty APR that the trigger card describes can apply: at least 6 months, then review every 6 months.

Charges & Financial Obligations · Company practice

Table summary: due date at least 25 days after close; no purchase interest if the whole balance is paid by the due date

The "Paying Interest" row says the Due Date is at least 25 days after the close of each billing period. Interest is not charged on purchases if you pay your entire balance by the due date each month (or, if you have a plan outstanding, your balance adjusted for plans). Interest on cash advances and balance transfers begins on the transaction date. Part 1 gives the detail in its "When We Charge Interest (Grace Period)" section, which says a plan holder enters an Interest Free Period by paying at least the Balance Adjusted for Plans (or Adjusted Balance) by the Payment Due Date.

Supporting quotations

Your Due Date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay each month your entire balance (or, if you have a plan outstanding, your balance adjusted for plans) by the due date. We will begin charging interest on cash advances and balance transfers on the transaction date.

When We Charge Interest (Grace Period)

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

Qualifications & exceptions

• The no-interest result for purchases depends on paying the entire balance (or the balance adjusted for plans) by the due date every month.
• Cash advances and balance transfers have interest from the transaction date.

Not stated here

• This table row does not list what happens to purchase interest once the entire balance is not paid; the grace period section addresses that.

Cross-references

• qualified by (model-proposed): Purchases carry no interest during an Interest Free Period; paying the New Balance by the Payment Due Date enters one — The grace period section gives the detail behind the table row: entry by paying the New Balance by the Payment Due Date, interest from the transaction date when outside the period, and interest from the cycle start after re-entry.

Charges & Financial Obligations · Company practice

Plan It carries a monthly plan fee of up to 1.33%, disclosed before a plan is created

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The figure is a ceiling ("up to 1.33%"), not a fixed rate.
• The fee is charged each month that a plan is active.
• The plan amount carries the plan fee instead of the purchase APR.

Not stated here

• "Other factors" that set the fee are not listed.
• The actual fee for a given plan is shown only when you set the plan up.

Legal Rights & Agreement Rules · Context

The table points to Consumer Financial Protection Bureau credit card tips

The table includes a row directing readers to the website of the Consumer Financial Protection Bureau to learn more about factors to consider when applying for or using a credit card.

Supporting quotations

visit the website of the Consumer Financial Protection Bureau

Qualifications & exceptions

• Informational pointer to an outside website; it does not create a term of the account.

Not stated here

• The content of the outside website is not part of the supplied source.

Charges & Financial Obligations · Company practice

No annual fee is listed for the card or for additional cards

The Rates and Fees Table lists the Annual Fee as None. The Fees section sends readers to that table for the Annual Fee and states that the Annual Fee for Additional Cards is None.

Supporting quotations

Annual Fee | None

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

Annual Fee for Additional Cards: None.

Qualifications & exceptions

• Stated for this Part 1 (as of 06/30/2026); the agreement says elsewhere that American Express may change the Agreement subject to applicable law.

Charges & Financial Obligations · Company practice

Balance transfer fee is 3% of the transfer with a $5 minimum, unless a promotional offer states a different fee

The table says the balance transfer fee is either $5 or 3% of the amount of each transfer, whichever is greater. The Fees section states 3% of the transaction with a minimum of $5, says a different fee may apply if stated in a promotional offer or at the time of a transaction, and says the fee is a finance charge added to the same balance as the balance transfer.

Supporting quotations

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

Balance Transfer: 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer.

Qualifications & exceptions

• Greater of $5 or 3% of each transfer.
• A different fee may apply if a promotional offer or the transaction says so.
• The fee is a finance charge added to the balance transfer balance.

Not stated here

• The passage does not say what promotional offers exist or what different fees they might state.

Cross-references

• exception to (model-proposed): Fees go to the purchase balance unless stated otherwise; balance transfer and cash advance fees go to their own balances — The general rule puts fees on the purchase balance; the balance transfer fee is added to the balance transfer balance instead.

Charges & Financial Obligations · Company practice

Cash advance fee is 5% with a $10 minimum, counting ATM operator fees, added to the cash advance balance

The table says the cash advance fee is either $10 or 5% of the amount of each cash advance, whichever is greater. The Fees section states 5% of the cash advance transaction, including fees charged by the ATM operator if any, with a minimum of $10, and says the fee is added to the Cash Advance balance. Cash advances are broadly defined and include cash equivalents and online and offline betting transactions.

Supporting quotations

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

Cash Advance: 5% of the cash advance transaction (including fees charged by the ATM operator, if any), with a minimum of $10. We will add this fee to the Cash Advance balance.

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

Qualifications & exceptions

• Greater of $10 or 5% of each cash advance.
• The 5% is calculated on an amount that includes any fees the ATM operator charges.

Not stated here

• The passage does not state how ATM operator fees are determined; they come from the operator.

Cross-references

• exception to (model-proposed): Fees go to the purchase balance unless stated otherwise; balance transfer and cash advance fees go to their own balances — The general rule puts fees on the purchase balance; the cash advance fee is added to the Cash Advance balance instead.
• defined by (model-proposed): Definitions of charge types: purchases include person-to-person; cash advances include betting and digital currency — The definition of cash advance sets which transactions, including cash equivalents and betting transactions, bear the cash advance fee.

Charges & Financial Obligations · Company practice

Foreign transaction fee is 2.7% of the converted U.S. dollar amount

The table lists a foreign transaction fee of 2.7% of each transaction after conversion to US dollars. The Fees section states 2.7% of the converted U.S. dollar amount and refers to the "Converting charges made in a foreign currency" section in Part 2.

Supporting quotations

2.7% of each transaction after conversion to US dollars.

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

Qualifications & exceptions

• The percentage applies to the amount after conversion to U.S. dollars.

Not stated here

• This passage does not give the conversion rate; the conversion section is referenced rather than quoted here.

Charges & Financial Obligations · Company practice

Late payment fee: $29 first, $40 if repeated within 6 billing periods, capped at the prior Minimum Payment Due

If American Express does not receive the Minimum Payment Due by its Payment Due Date, the late payment fee is $29. If this happens again within the next 6 billing periods, the fee is $40. The late fee on a billing statement will not exceed the Minimum Payment Due on the prior billing statement.

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None

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

Qualifications & exceptions

• "Up to $40" is made up of a $29 first fee and a $40 repeat fee.
• Cap: the late fee on a billing statement will not exceed the Minimum Payment Due on the prior statement.

Not stated here

• In the table the Penalty Fees cell lists Late Payment, Returned Payment and Overlimit together; the values are read in that order and match the Fees section text for each fee.

Charges & Financial Obligations · Company practice

Returned payment fee: $29 first, $40 if repeated, capped at the prior Minimum Payment Due

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

Supporting quotations

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

Qualifications & exceptions

• The repeat window is the same billing period or the next 6 billing periods.
• Cap: not more than the applicable Minimum Payment Due on the prior billing statement.

Charges & Financial Obligations · Company practice

The Penalty Fees row lists no overlimit fee ("None")

The Penalty Fees row lists Late Payment, Returned Payment and Overlimit with the values "Up to $40. Up to $40. None", so the overlimit fee is listed as None.

Supporting quotations

Penalty Fees • Late Payment • Returned Payment • Overlimit | Up to $40. Up to $40. None

Qualifications & exceptions

• The row lists three fees in one cell and the values in order; this reading follows that order.

Not stated here

• The table row is flattened in the source, so the mapping from fee names to values follows the order of the lists.

Cross-references

• qualified by (model-proposed): No overlimit fee is charged, but American Express may ask you to promptly pay the amount over the Credit Limit — The Part 1 text confirms the table's no-overlimit-fee entry and adds that going over the limit can still lead to a prompt-payment request and an overlimit add-on to the Minimum Payment Due.

Charges & Financial Obligations · Company practice

Interest is calculated with the average daily balance method (including new purchases); details are in Part 2

The table summary says interest is calculated using the average daily balance method (including new purchases) and sends readers to the "How we calculate interest" section in Part 2.

Supporting quotations

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

Qualifications & exceptions

• This is a summary; the full calculation is in Part 2.

Not stated here

• This summary does not give the formula; Part 2 does.

Cross-references

• contrast (model-proposed): Interest is calculated per balance: Average Daily Balance times Daily Periodic Rate times days in the billing period — Part 1's summary describes the average daily balance method as "including new purchases", while the Part 2 explanation says "including new transactions"; the table sends readers to Part 2 for the method.

Charges & Financial Obligations · Company practice

Variable APRs follow the Prime Rate and will not exceed 29.99%

If the Prime Rate increases, variable APRs (and corresponding DPRs) will increase, so you may pay more interest and may have a higher Minimum Payment Due. Changes to variable APRs from a Prime Rate change 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%.

Supporting quotations

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

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

Variable APRs will not exceed 29.99%.

Qualifications & exceptions

• The explicit example is an increase; the general sentence says a change in the Prime Rate changes variable APRs from the first day of that billing period.
• Cap: variable APRs will not exceed 29.99%.

Not stated here

• This section does not list any DPR values.

Cross-references

• qualifies (model-proposed): Purchase APR is variable: Prime Rate plus 12.74% to Prime Rate plus 21.74% — The purchase APR is variable, so it moves with the Prime Rate from the first day of the billing period in which it changes, and variable APRs will not exceed 29.99%.

Charges & Financial Obligations · Context

Prime Rate is the highest Wall Street Journal Prime Rate on the Closing Date, with fallbacks

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 Journal does not publish the rate that day, the rate from the previous day it was published is used. If the Journal is no longer published or stops publishing the Prime Rate, American Express may use the Prime Rate published in another newspaper of general circulation. The Closing Date is the last day of the billing period covered by the statement.

Supporting quotations

Prime Rate means the highest U.S. Prime Rate published in the rates section of The Wall Street Journal on the Closing Date of the billing period. If The Wall Street Journal does not publish the Prime Rate on that day, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published or stops publishing the Prime Rate, we may use the Prime Rate published in another newspaper of general circulation.

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

Qualifications & exceptions

• The Prime Rate used is the one for the Closing Date, the last day of the billing period.
• If the Journal stops publishing, using another newspaper is something American Express "may" do.

Not stated here

• The passage does not say how the Closing Date measurement works with the first-day-of-billing-period timing for rate changes beyond what each passage states.

Charges & Financial Obligations · Company practice

Fees go to the purchase balance unless stated otherwise; balance transfer and cash advance fees go to their own balances

The Fees section says fees are added to a purchase balance unless American Express tells you otherwise. The balance transfer fee is added to the same balance as the balance transfer, and the cash advance fee is added to the Cash Advance balance.

Supporting quotations

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

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

We will add this fee to the Cash Advance balance.

Qualifications & exceptions

• General rule: purchase balance. Stated exceptions: balance transfer fee and cash advance fee.
• "Unless we tell you otherwise" leaves room for other placement.

Not stated here

• This passage does not say how the other fees (late, returned payment, returned check, re-opening) are treated beyond the general rule.

Cross-references

• has exception (model-proposed): Balance transfer fee is 3% of the transfer with a $5 minimum, unless a promotional offer states a different fee — The general rule puts fees on the purchase balance; the balance transfer fee is added to the balance transfer balance instead.
• has exception (model-proposed): Cash advance fee is 5% with a $10 minimum, counting ATM operator fees, added to the cash advance balance — The general rule puts fees on the purchase balance; the cash advance fee is added to the Cash Advance balance instead.

Charges & Financial Obligations · Company practice

Returned Check fee is $38, plus the unpaid amount, for a check cashed at an approved location

If you use your card to cash a check at one of the approved locations and the check is returned unpaid, American Express charges a $38 Returned Check fee and also charges you the unpaid amount.

Supporting quotations

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

Qualifications & exceptions

• Applies to a check cashed with the card at an approved location that is returned unpaid.
• The unpaid check amount is charged in addition to the $38 fee.

Not stated here

• The passage does not list the approved locations or say how the unpaid amount is classified (for example as a cash advance).

Charges & Financial Obligations · Company practice

Account re-opening fee of $25 if a cancelled Account is re-opened at your request

A $25 Account Re-opening fee applies if your Account is cancelled, you ask American Express to re-open it, and it does so.

Supporting quotations

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

Qualifications & exceptions

• All three conditions apply: the Account was cancelled, you asked for re-opening, and American Express re-opened it.

Not stated here

• The Closing or suspending your Account section in Part 3 words this as a fee American Express "may" charge on re-opening and mentions a separate fee to reinstate; this Part 1 line states the fee as $25.

Account & Service Control · Restriction or exception

American Express sets and can change the Credit Limit and Cash Advance Limit, and you agree to keep balances within them

American Express assigns a Credit Limit and may make part of it available for cash advances (the Cash Advance Limit); there may also be an ATM withdrawal limit for a period. It may increase or reduce either limit, even if you pay on time and the Account is not in default. You agree to manage your Account so that the Account balance (including fees and interest) is not more than the Credit Limit and the cash advance balance (including fees and interest) is not more than the Cash Advance Limit. Plan balances, including plan fees, also must stay within the Credit Limit.

Supporting quotations

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

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

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

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

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

Qualifications & exceptions

• Limits can change at American Express discretion; paying on time and not being in default does not prevent a reduction.
• Fees and interest count toward the balances you agree to keep within the limits.

Not stated here

• The limits themselves are said to appear on page 1 of Part 1 and on each billing statement; the supplied text shows no amounts.
• The ATM withdrawal limit amount and period are not given.

Charges & Financial Obligations · Restriction or exception

No overlimit fee is charged, but American Express may ask you to promptly pay the amount over the Credit Limit

The Overlimit fee is listed as None. American Express may approve charges that put your balance over the Credit Limit and, if it does, will not charge an overlimit fee. If it asks you to promptly pay the amount above the Credit Limit, you agree to do so. Separately, up to 1/24th of any overlimit amount is added when the Minimum Payment Due is figured.

Supporting quotations

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

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

up to 1/24th of any overlimit amount

Qualifications & exceptions

• "May approve" means going over the limit is permitted at American Express discretion, not guaranteed.
• No fee does not mean no consequence: an overlimit amount can raise the Minimum Payment Due (up to 1/24th of it).

Not stated here

• "Promptly" is not defined.

Cross-references

• qualifies (model-proposed): The Penalty Fees row lists no overlimit fee ("None") — The Part 1 text confirms the table's no-overlimit-fee entry and adds that going over the limit can still lead to a prompt-payment request and an overlimit add-on to the Minimum Payment Due.

Charges & Financial Obligations · Restriction or exception

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

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

Supporting quotations

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

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

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

Qualifications & exceptions

• Rolling 30-day period ("any 30-day period").
• The text refers to "the applicable person-to-person transaction limit", which may be the $2,000 limit stated here.

Not stated here

• The text does not say whether another limit can apply to a particular account.

Charges & Financial Obligations · Procedure

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

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

Supporting quotations

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

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

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

$40.

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

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

Qualifications & exceptions

• The base is the highest of three amounts; the add-ons come after.
• Cap: the Minimum Payment Due does not exceed the New Balance.
• Paying more than the minimum, up to the New Balance, is allowed at any time.

Not stated here

• "New Balance" is not defined in the supplied text; it appears on the billing statement.

Charges & Financial Obligations · Context

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

The agreement works an example: a New Balance of $2,900, interest of $29.57, and no active plans, overlimit amount, penalty fees or past due amounts. The three starting amounts are $58.27, $58 and $40; the highest, $58.27, is the Minimum Payment Due. It adds that if the account has active plans, an overlimit amount, penalty fees or past due amounts, the Minimum Payment Due will be higher.

Supporting quotations

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

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

$58 (2% of $2,900)

$40

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

Qualifications & exceptions

• The numbers are assumptions for the example, not account terms.
• The example excludes plans, overlimit amounts, penalty fees and past due amounts, which would raise the result.

Charges & Financial Obligations · User right or choice

Purchases carry no interest during an Interest Free Period; paying the New Balance by the Payment Due Date enters one

You are not charged interest on purchases while in an Interest Free Period. The account enters one when you pay your New Balance as shown on your statement by the Payment Due Date, or when the account had no previous balance. When the account is not in an Interest Free Period, interest on purchases is charged from the transaction date. After you enter an Interest Free Period again, interest may still appear on the next statement, reflecting interest from the start of that billing cycle through the date the payment was received. For more on how interest is calculated, the agreement points to its How we calculate interest section.

Supporting quotations

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

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

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

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

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

Qualifications & exceptions

• Entry depends on paying the New Balance shown on the statement by the Payment Due Date, or having had no previous balance.
• Outside an Interest Free Period, purchase interest runs from the transaction date.
• Interest from the cycle before the payment can still show on the next statement.

Not stated here

• The text does not say how long an Interest Free Period lasts beyond these conditions.

Cross-references

• qualifies (model-proposed): Table summary: due date at least 25 days after close; no purchase interest if the whole balance is paid by the due date — The grace period section gives the detail behind the table row: entry by paying the New Balance by the Payment Due Date, interest from the transaction date when outside the period, and interest from the cycle start after re-entry.

Charges & Financial Obligations · User right or choice

With an active Plan It plan, paying the Balance Adjusted for Plans by the due date enters an Interest Free Period

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

Supporting quotations

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

Qualifications & exceptions

• The payment target is the Balance Adjusted for Plans (or Adjusted Balance), not the full New Balance.

Not stated here

• "Balance Adjusted for Plans" and "Adjusted Balance" are not defined in the supplied text; they presumably appear on the billing statement.

Charges & Financial Obligations · Company practice

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

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

Supporting quotations

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

Qualifications & exceptions

• Applies to balance transfers and cash advances, not purchases.

Legal Rights & Agreement Rules · User right or choice

Parts 1, 2 and 3 and any supplements or amendments make up the Card Member Agreement; you can request a copy

Part 1, Part 2, Part 3 and any supplements or amendments 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.

Supporting quotations

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

Qualifications & exceptions

• Supplements and amendments are part of the agreement but are not in the supplied text.

Not stated here

• Any supplements or amendments are not supplied here.

Legal Rights & Agreement Rules · Context

Parts 1, 2 and 3 plus supplements form the Agreement; using or keeping the Card means you agree to it

This Part 2, together with Part 1 and Part 3, makes up the Card Member Agreement for the Account identified on page 1 of Part 1, and any supplements or amendments are also part of it. When you use the Account, or you sign or keep the Card, you agree to the terms. A copy can be requested through the online account or by calling the number on the back of the Card.

Supporting quotations

This document together with Part 1 and Part 3 make up the Card Member Agreement (Agreement) for the Account identified on page 1 of Part 1. Any supplements or amendments are also part of the Agreement. When you use the Account (or you sign or keep the Card), you agree to the terms of the Agreement.

You can request a copy of your Card Member Agreement through your online account or by calling the number on the back of your Card.

Qualifications & exceptions

• Agreement to the terms happens by using the Account, or signing or keeping the Card.

Not stated here

• Supplements and amendments are not supplied in the source.

Account & Service Control · User right or choice

You can cancel the Card without fees if you have not used the Account or made a payment after getting a statement

The Agreement says that "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." The sentence can be read two ways: that neither has happened (no use and no payment after a statement), or that either has not happened. The text does not settle which reading applies. It speaks only of not owing fees on cancellation, not of other charges.

Supporting quotations

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

Qualifications & exceptions

• The conditions are the Account not yet being used or paid after receiving a billing statement.
• The relief stated is no obligation to pay any fees.

Not stated here

• The sentence is ambiguous about whether both conditions or either one must hold.
• The passage does not say how to cancel or what happens to charges already made.

Legal Rights & Agreement Rules · Permission or license

American Express may change the Agreement subject to applicable law; the written Agreement is the final expression

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

Supporting quotations

We may change this Agreement, subject to applicable law. This written Agreement is a final expression of the agreement governing the Account. The written Agreement may not be modified or amended by any alleged oral agreement.

Qualifications & exceptions

• Changes are "subject to applicable law".
• The written text controls over alleged oral agreements.

Not stated here

• This passage does not say how changes are notified, how much notice is given, or whether you can reject a change.

Legal Rights & Agreement Rules · Context

Definitions: we is the issuer; you is the Basic or Primary Card Member; 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 it was opened, called the Basic or Primary Card Member. You may request a Card for an Additional Card Member. "Card" means any American Express Card or other device that American Express issues to access your Account.

Supporting quotations

We, us, and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for this Account and for whom we opened the Account. We will refer to you as either the Basic or Primary Card Member. You may request a Card for an Additional Card Member. Card means any American Express Card or other device that we issue to access your Account.

Qualifications & exceptions

• "You" is the person who applied for the Account and for whom it was opened.
• "Card" is not limited to a physical card: it includes any device issued to access the Account.

Charges & Financial Obligations · Context

Definitions of charge types: purchases include person-to-person; cash advances include betting and digital currency

A "charge" is any amount added to the Account, such as purchases, cash advances, balance transfers, fees and interest charges. A "purchase" is a charge for goods, services or person-to-person transactions. A "cash advance" is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers, and other offline and online betting transactions. A "balance transfer" is a charge to pay an amount you owe on another credit card account. A "person-to-person transaction" is a charge for funds sent to another person or a charge to add funds to your Amex Send Account.

Supporting quotations

A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees, and interest charges. A purchase is a charge for goods, services, or person-to-person transactions.

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

A balance transfer is a charge to pay an amount you owe on another credit card account. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account.

Qualifications & exceptions

• These definitions decide which rate, fee and interest rules apply to a transaction.
• A person-to-person transaction is both listed as a kind of purchase and defined separately.

Not stated here

• The text does not say how a particular merchant or transaction is classified.

Cross-references

• defines (model-proposed): Cash advance fee is 5% with a $10 minimum, counting ATM operator fees, added to the cash advance balance — The definition of cash advance sets which transactions, including cash equivalents and betting transactions, bear the cash advance fee.

Charges & Financial Obligations · Context

Definitions: "to pay by a certain date" means the payment is received and credited by that date

A "plan" is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. "To pay by a certain date" means to send your payment so that American Express receives it and credits it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by that statement.

Supporting quotations

A plan is a portion of your account balance that you have selected to pay over time through a set number of monthly payments using Plan It. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• A payment counts as made by a date only if it is received and credited to the Account by that date, not merely sent.

Not stated here

• The definition does not give a time of day or cut-off; the Payments section refers to the time and manner disclosed on the billing statement.

Account & Service Control · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• Plans, cash advances and balance transfers are "at our discretion", not a given.
• Balance transfers cannot come from accounts issued by American Express or its affiliates.
• Use is limited to personal, family or household purposes.

Not stated here

• The passage does not say what happens if the Card is used for another purpose.

Account & Service Control · Company practice

Merchants may store your Card number; American Express may tell them of number or status changes unless you opt out

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example to 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 the Account is cancelled. If you do not want updated Account information shared, you can contact American Express using the number on the back of the Card.

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 something American Express "may (but [is] not required to)" do.
• The way to stop it is to contact American Express.

Not stated here

• The passage does not say which merchants or third parties receive updates or how quickly an opt-out takes effect.

Security & Safeguards · Restriction or exception

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

You are 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 permission, you are to contact American Express right away. You may not use the Account for illegal activities.

Supporting quotations

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

Not stated here

• This passage does not state any liability limit for unauthorized use.

Account & Service Control · Permission or license

American Express may decline a charge even within the Credit Limit and not in default, without responsibility for losses

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

Supporting quotations

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

Qualifications & exceptions

• The reasons listed are examples ("including"), not a complete list.

Not stated here

• The passage does not say whether you are told why a charge was declined.

Charges & Financial Obligations · Permission or license

Plan It: pay qualifying purchases over time for a monthly plan fee, disclosed in advance, instead of the purchase APR

American Express may offer Plan It, which lets you create a payment plan for qualifying purchases or a qualifying amount, subject to a plan fee that is a fixed finance charge charged each month a plan is active. You select qualifying purchases or a qualifying amount and a plan duration, and can view the monthly plan payments, including the plan fee. Each plan fee is disclosed before you create the plan and is based on the plan duration, the APR that would otherwise apply, and other factors. The plan amount is added to a plan balance subject to the plan fee instead of the APR for purchases.

Supporting quotations

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

Each plan fee will be disclosed before you create the applicable plan and will be based on the plan duration, the APR that would otherwise apply to the purchase amount(s), and other factors. When you set up a plan, the purchases or amount will be added to a plan balance and will be subject to a plan fee instead of the APR for purchases.

Qualifications & exceptions

• Plan It is something American Express "may offer", so availability is not guaranteed.
• The plan amount carries the plan fee instead of the purchase APR.

Not stated here

• "Other factors" for the plan fee are not listed.
• The up to 1.33% monthly ceiling is stated in Part 1 and is not repeated here.

Charges & Financial Obligations · Restriction or exception

Plan It excludes cash, balance transfers, purchases with Foreign Transaction Fees, and fees owed to American Express

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount, and a qualifying amount is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. A qualifying amount for Plan It is a specified portion of your balance. Qualifying purchases (or a qualifying amount, if you have a Card with a Credit Limit) do not include purchases of cash or cash equivalents, balance transfers (if offered), purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• The listed exclusions take those items out of Plan It eligibility.
• The reference to a Card with a Credit Limit distinguishes the "qualifying amount" option.

Not stated here

• The "specified dollar amount" and "specified portion of your balance" are not given in the supplied text.

Account & Service Control · Restriction or exception

Plan creation depends on creditworthiness; some situations block it; the number of plans can change

Your ability to create plans depends on factors such as your creditworthiness and Credit Limit. You cannot create plans if your Account is cancelled, or if one or more of your American Express accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express tells you how many active plans you may have and may change that number at any time. The plan durations offered, and whether you can put multiple qualifying purchases or a qualifying amount in one plan, are at its discretion. You agree to keep the total of your plan balances, including plan fees, within your Credit Limit.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Credit Limit. You will not be able to create plans if your Account is cancelled. You will also not be able to create plans if one or more of your American Express accounts is enrolled in a payment program, or has a payment that is returned unpaid, or is past due.

We will tell you the number of active plans you may have and we may change this number at any time. The plan durations offered to you, and your ability to include multiple qualifying purchases or a qualifying amount in a single plan, will be at our discretion and will be based on a variety of factors such as your creditworthiness, the purchase amount(s), and your Account history. You agree to manage your Account so that the total of your plan balances (including plan fees) is not more than your Credit Limit.

Qualifications & exceptions

• The blocks apply when any one of your American Express accounts is enrolled in a payment program, has a returned payment, or is past due, not only this Account.
• American Express may change the number of active plans at any time.
• Durations and multi-purchase plans are at its discretion.

Not stated here

• "Payment program" is not defined in the supplied text.
• The number of active plans and the creditworthiness factors are not stated.

Charges & Financial Obligations · User right or choice

Plans cannot be cancelled; paying the New Balance in full pays one off early and stops its future plan fees

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

Supporting quotations

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

Qualifications & exceptions

• The early payoff route stated is paying the New Balance on the most recent statement in full.
• Stopping future plan fees applies to the plan paid off.

Not stated here

• The passage does not say whether a payment smaller than the whole New Balance can pay off an individual plan early.

Charges & Financial Obligations · Company commitment

You promise to pay all charges, including by Additional Card Members, and at least the minimum by the due date

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make or permit others to make, even if the Card is not presented or no one signs. You must pay at least the Minimum Payment Due on or before the Payment Due Date, in the time and manner shown on each billing statement. "To pay by a certain date" means the payment is received and credited to the Account by that date. You are responsible for all use of your Account by Additional Card Members and anyone they allow to use it.

Supporting quotations

You promise to pay all charges added to your Account, including charges that you or your Additional Card Members make, or permit others to make, even if you or they do not present the Card or sign for the transaction. When you must pay: You must pay at least the Minimum Payment Due on or before the Payment Due Date in the time and manner shown on each billing statement.

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

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.

Qualifications & exceptions

• The promise covers charges made or permitted by you or your Additional Card Members, and those they allow.
• A payment counts as made by the date only if received and credited to the Account by then.

Not stated here

• The time and manner of payment are shown on the billing statement, which is not part of the supplied text.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars: a single check, a single negotiable instrument, or an electronic payment

Payments must be made to American Express in U.S. dollars with one of three methods: 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.

Supporting quotations

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

a single check drawn on a U.S. bank

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

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

Qualifications & exceptions

• Each check or instrument must be a single one, and the money must be in U.S. dollars.

Charges & Financial Obligations · Procedure

Mailed payments need one payment per Account, the coupon address, and the Account number on the check

When paying by mail, you make a separate payment for each Account, mail it to the address on the payment coupon on the billing statement, and write the Account number on the check or negotiable instrument and include the payment coupon.

Supporting quotations

When making a payment by mail:

make a separate payment for each Account

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

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

Qualifications & exceptions

• Applies to payments by mail.

Charges & Financial Obligations · Company practice

A compliant payment is credited the day it is received if on time; after the cut-off it is credited the next day

If a payment meets the stated requirements, American Express credits it to the Account as of the day it receives it, as long as it receives it by the time and in the manner disclosed in the billing statement. If it receives the payment after that time, it credits it the day after receipt. If a payment does not meet the requirements, crediting may be delayed, which may result in late payment fees and additional interest charges.

Supporting quotations

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

If your payment does not meet the above requirements, there may be a delay in crediting your Account. This may result in late payment fees and additional interest charges

Qualifications & exceptions

• Same-day crediting needs both the requirements and receipt by the time and in the manner disclosed in the statement.
• A noncompliant payment can be credited late, with possible late fees and more interest.

Not stated here

• The cut-off time and manner are on the billing statement, not in the supplied text.
• The passage does not say how long a delay for a noncompliant payment can last.

Charges & Financial Obligations · Restriction or exception

Foreign currency and non-U.S. bank payments are refused; late, partial or restricted payments change 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.

Supporting quotations

We will not accept a payment made in a foreign currency or a payment drawn on an account at a bank located outside of the U.S. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will have no effect on our rights and will not change this Agreement.

Qualifications & exceptions

• Processing a late, partial or restricted payment does not waive any right.

Not stated here

• The passage does not say what happens to a payment that is not accepted.

Charges & Financial Obligations · Company practice

Payments up to the minimum go to plan amounts and lower rates first; payments above it go to the highest rate first

If the Account has balances with different interest rates, Plan balances or Plan fees, payments are generally applied this way in a billing period. Up to the Minimum Payment Due, payments go first to any Plan amounts in the Minimum Payment Due, then to the balance with the lowest interest rate, then to balances with higher rates. After the Minimum Payment Due is paid, payments go to the balance with the highest interest rate, then to lower-rate balances, and then to any Plan balances.

Supporting quotations

here is how we generally apply payments in a billing period:

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

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

Qualifications & exceptions

• Described as how payments are generally applied, not as a fixed rule.
• The order differs below and above the Minimum Payment Due.

Not stated here

• Which balance is "highest" or "lowest" in a given month depends on the account rates, which are not shown in the supplied text.

Charges & Financial Obligations · Company practice

Credits usually go to the charge balance; American Express picks the order within balances; plan credits need a call

In most cases, American Express applies a credit to the same balance as the related charge, for example a purchase credit to the purchase balance. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If a balance is negative at the end of a billing period, that excess credit is redistributed to other balances as the payment rules describe, which in some cases means Plan balances are paid before they otherwise would be. If you receive a credit for a purchase placed into a plan, you must call the number on the back of the Card to have the credit applied to the Plan balance.

Supporting quotations

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

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

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

Qualifications & exceptions

• "In most cases" leaves room for exceptions.
• Credit for a purchase placed into a plan is not applied to the Plan balance unless you call.

Charges & Financial Obligations · Procedure

Interest is calculated per balance: Average Daily Balance times Daily Periodic Rate times days in the billing period

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

Supporting quotations

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

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

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

Average Daily Balance (ADB) multiplied by

Daily Periodic Rate (DPR) multiplied by

number of days in the billing period

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

Qualifications & exceptions

• Interest is figured per balance and then summed.
• The Part 1 table summary says "including new purchases"; this section says "including new transactions".

Not stated here

• DPR values are not given in this section.

Cross-references

• contrast (model-proposed): Interest is calculated with the average daily balance method (including new purchases); details are in Part 2 — Part 1's summary describes the average daily balance method as "including new purchases", while the Part 2 explanation says "including new transactions"; the table sends readers to Part 2 for the method.
• defined by (model-proposed): ADB is total daily balances over days; a DPR is 1/365th of an APR, but the published Part 1 shows no DPR values — The ADB and DPR definitions give the meaning of the terms in the interest formula (ADB x DPR x days).

Charges & Financial Obligations · Procedure

ADB is total daily balances over days; a DPR is 1/365th of an APR, but the published Part 1 shows no DPR values

The Average Daily Balance (ADB) for a balance is found by adding up its daily balances and dividing by the number of days in the billing period. A Daily Periodic Rate (DPR) is 1/365th of an APR, rounded to one ten-thousandth of a percentage point. The text then says "Your DPRs are shown in How Rates and Fees Work in Part 1." In the published agreement, that Part 1 section contains the Explanation of Variable Rates, Determining the Prime Rate and Fees, and the Rates and Fees Table gives APRs only as the Prime Rate plus a margin (some as a range). The published agreement does not show any DPR values.

Supporting quotations

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

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

How Rates and Fees Work

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

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.

Qualifications & exceptions

• The DPR is defined as 1/365th of an APR, so it is tied to each APR.
• The Explanation of Variable Rates mentions "corresponding DPRs" that change with variable APRs, but gives no values.

Not stated here

• The published agreement does not list any DPR values, although this text says they are shown in Part 1; they are not computed or taken from elsewhere in this analysis.
• Because variable APRs are the Prime Rate plus a margin, and the margin within each stated range is not given, no APR or DPR for a particular account can be read from the text.

Cross-references

• defines (model-proposed): Interest is calculated per balance: Average Daily Balance times Daily Periodic Rate times days in the billing period — The ADB and DPR definitions give the meaning of the terms in the interest formula (ADB x DPR x days).

Charges & Financial Obligations · Context

Worked example: a 15.99% rate, $2,250 ADB and 30 days gives $29.57 interest

The agreement works an example with an assumed 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.

Supporting quotations

EXAMPLE: Calculating Interest

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

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

Qualifications & exceptions

• The 15.99% rate, balance and number of days are assumptions for the example, not this Account's rates.

Charges & Financial Obligations · Procedure

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

The daily balance for each balance is figured by taking the beginning balance for the day, adding new charges, subtracting payments or credits, and making appropriate adjustments. A new charge is added as of its transaction date, and a negative daily balance is treated as zero. The beginning balance for the first day of a billing period is the prior period's ending balance, including unpaid interest. For the other days, it is the previous day's daily balance plus interest equal to that balance multiplied by the DPR, which results in daily compounding of interest.

Supporting quotations

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

taking the beginning balance for the day

adding any new charges

subtracting any payments or credits

making any appropriate adjustments

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

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

Qualifications & exceptions

• Interest is added into the next day's starting balance, so interest compounds daily.
• A negative daily balance counts as zero.

Not stated here

• "Appropriate adjustments" are not listed.

Charges & Financial Obligations · Permission or license

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

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

Supporting quotations

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

Qualifications & exceptions

• Other methods are permitted only if they "produce equivalent results".
• Not charging interest on certain charges is at American Express's choice.

Not stated here

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

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: covered borrowers generally cannot be charged more than 36% APR, including certain fees and costs

The agreement states that federal law gives members of the Armed Forces and their dependents protections for consumer credit. In general, the cost of consumer credit to such a person may not exceed an annual percentage rate of 36 percent. That rate must include, as applicable to the transaction or Account, credit insurance premiums, fees for ancillary products sold with the credit, any application fee (other than certain application fees), and any participation fee (other than certain participation fees for a credit Card Account). It also gives a number, 855-531-0379, to listen to the statement and a description of the payment obligation.

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 "in general", with the listed inclusions applying "as applicable".
• The exclusions for certain application and participation fees are referred to without being described.

Not stated here

• The passage does not say which application fees or participation fees are excluded.
• Who qualifies as a covered borrower is not spelled out beyond members of the Armed Forces and their dependents.

Legal Rights & Agreement Rules · Restriction or exception

Military Lending Act covered borrowers are not subject to the arbitration provision, but may still elect arbitration

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. The text adds: "However, if you elect arbitration, we will comply with our obligations under the Claims Resolution section of this Agreement." The sentence does not say exactly what electing arbitration involves for a covered borrower, so the practical effect is not fully stated.

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

• Applies to a covered borrower under the Military Lending Act, in connection with this Account.
• The "However" sentence refers to a covered borrower electing arbitration and American Express complying with its Claims Resolution obligations.

Not stated here

• The passage does not explain how the "However" sentence interacts with the statement that the Arbitration provision does not apply.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the text adds that American Express will comply with its Claims Resolution obligations if the borrower elects arbitration.

Account & Service Control · Company practice

Additional Card Members can use your Account under this Agreement, and you are responsible for all their use

American Express may issue additional Cards on your Account at your request. Additional Card Members can use your Account subject to this Agreement, and their use of the Account may be reported to credit reporting agencies. You are responsible for all use of your Account by Additional Card Members and anyone they allow to use it, and you must pay for all charges made. You also authorize American Express to give Additional Card Members information about your Account and to discuss it with them. You can contact American Express to cancel an Additional Card Member's ability to use your Account.

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.

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.

You may request a Card for an Additional Card Member.

Qualifications & exceptions

• Your responsibility extends to anyone an Additional Card Member allows to use the Account.
• Your authorization lets American Express discuss your Account with Additional Card Members.

Not stated here

• The passage does not say whether a cancelled Additional Card Member's existing charges remain yours.

Charges & Financial Obligations · Context

Any annual fee for Additional Cards is shown in Part 1 (listed there as None); the refund policy is in Part 3

If an Annual Fee applies to Additional Cards on your Account, it is shown on page 2 of Part 1. For an Annual Fee on an Additional Card, the refund policy is the one in the Closing or suspending your Account sub-section of Part 3. If a single Annual Fee applies for a group of Additional Cards, that policy applies when you cancel the Additional Card on which the fee was assessed. In this Part 1, the Annual Fee for Additional Cards is listed as None.

Supporting quotations

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

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

• The text is conditional ("If an Annual Fee applies"), and this Part 1 lists none.
• The group-fee rule applies on cancelling the Additional Card on which the fee was assessed.

Not stated here

• The text says the fee is shown on page 2 of Part 1; the supplied Part 1 lists the Annual Fee for Additional Cards in the Fees section as None.

Legal Rights & Agreement Rules · Company practice

Notices go by U.S. 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.

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.

Not stated here

• The passage does not say which method is used for which kind of notice.

Use & Processing · Permission or license

You authorize American Express and its agents to contact you in many ways, including automated calls and texts

If American Express needs to contact you to service your account or collect amounts you owe, you authorize it (and its affiliates, agents and contractors, such as debt collection agencies and service providers) to contact you at any phone number or email address you provide, from which you contact it, or at which it believes it can reach you. It may contact you in any way permitted by law, such as calling, texting, emailing, or sending mobile application push notifications. It 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.

Supporting quotations

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

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

Qualifications & exceptions

• The contact methods are examples ("such as") of any method permitted by law.
• The numbers and addresses include ones American Express "believes" it can reach you at.
• Contact may be charged to you on a mobile or wireless device.

Not stated here

• The passage does not describe any way to limit this authorization.

Data Access & Collection · Company practice

American Express may monitor and record calls between you and it

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

Supporting quotations

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

Not stated here

• The passage does not say whether you are told when a call is monitored or recorded, or how recordings are kept.

Account & Service Control · Procedure

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

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

Supporting quotations

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

Qualifications & exceptions

• Notice is required for each Account separately.
• American Express may update the billing address based on information it receives.

Not stated here

• The passage does not say what sources of information it may use to update a billing address.

Legal Rights & Agreement Rules · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• American Express "may" credit the Account; the passage does not make a credit automatic.
• Tort claims are excluded from the assignment.

Not stated here

• The passage does not say how a dispute is raised or what the review process is.

Data Access & Collection · Permission or license

American Express may obtain credit reports and other information and use it for any purposes, subject to law

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

Supporting quotations

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

Qualifications & exceptions

• Use is for "any purposes", with marketing and evaluating you for a new account given as examples.
• Use is subject to applicable law.
• Verification of employment and income can be repeated ("re-verify").

Not stated here

• The "other sources" are not listed.

Sharing & Disclosure · Company practice

American Express reports Account information and non-compliance to credit reporting agencies; disputes go to an address

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 Agreement, which may have a negative impact on your credit report. If you believe information it has given 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, telling it the specific information you believe is incorrect.

Supporting quotations

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

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

Qualifications & exceptions

• Reporting covers Account information in general and non-compliance with the Agreement in particular.
• The dispute notice has to say which specific information is believed to be incorrect.

Not stated here

• The passage does not say how long a response takes or how corrections are handled.

Account & Service Control · Restriction or exception

The Account may be treated as in default for violations, false information, bankruptcy or belief you cannot pay

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

Supporting quotations

We may consider your Account to be in default if:

you violate a provision of this Agreement

you give us false information

you file for bankruptcy

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

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

Qualifications & exceptions

• It is something American Express "may" consider; the passage does not make default automatic.
• The last reason rests on American Express's belief that you are unable or unwilling to pay.

Not stated here

• The passage does not say whether a late payment is by itself a violation of the Agreement.
• Cure or notice rights are not mentioned in this passage.
• The list item about violating "this Agreement" refers to the Agreement itself, not a separate linked document; no other document's text is supplied here or needed for this card.

Account & Service Control · Restriction or exception

On default, incapacity or death, American Express may suspend charges or features and demand payment now

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

Supporting quotations

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

suspend your ability to make charges

cancel or suspend any feature on your Account

require you to pay more than your Minimum Payment Due immediately

require you to pay your Account balance immediately

Qualifications & exceptions

• These are things American Express "may" do, to the extent federal and applicable state law permit.
• The triggers include default, incapacity and death.

Not stated here

• The passage does not say whether notice is given before these steps.

Charges & Financial Obligations · Restriction or exception

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

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

Supporting quotations

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

Qualifications & exceptions

• Limited to "reasonable" costs that American Express incurs to collect amounts you owe.

Account & Service Control · Permission or license

American Express may cancel or suspend the Account or its features at any time for any reason; you still owe all charges

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

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, cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

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

Qualifications & exceptions

• "At any time and for any reason" is stated without conditions in this passage.
• Reinstatement is something American Express "may" agree to.

Not stated here

• The reinstatement fee amount is not given in this passage; Part 1 lists a $25 re-opening fee for a cancelled Account that is re-opened at your request.
• The passage does not state any notice before cancellation or suspension.

Account & Service Control · User right or choice

You can close the Account by call or letter; an annual fee is refunded only within 30 days (not Massachusetts)

You may close your Account by calling or writing to American Express. If an Annual Fee applies, it refunds that 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. After that 30-day period, the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts at the time you close the Account, this policy does not apply to you. If a cancelled account is re-opened at your request, American Express may charge a $25 fee.

Supporting quotations

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

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

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

Qualifications & exceptions

• The refund applies only "if an Annual Fee applies"; Part 1 lists no Annual Fee for this card or additional cards.
• The 30 days count from the Closing Date of the statement on which the fee appears.
• The refund policy does not apply to a Massachusetts billing address; the passage does not say what applies instead.

Not stated here

• The passage does not say what, if anything, applies to a Massachusetts billing address in place of the policy.
• The passage words the re-opening fee as one American Express "may" charge; Part 1 states it as $25.

Charges & Financial Obligations · Permission or license

Paying by check authorizes a one-time electronic debit, which may be taken the same day, and the check is not returned

When you pay by check, you authorize American Express to use information from the 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 it does this, the payment may be withdrawn from your account 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 the payment as a check transaction.

Supporting quotations

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

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

Qualifications & exceptions

• Applies when you pay by check.
• Withdrawal can occur as soon as the day the check is received.
• American Express may in certain circumstances process the payment as a check transaction instead.

Not stated here

• The "certain circumstances" for a check transaction are not described.

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AEEML on the processing date 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 on that conversion. Unless a particular rate is required by law, AEEML chooses a rate American Express finds acceptable for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. The rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates they use. The 2.7% foreign transaction fee in Part 1 is figured on the converted U.S. dollar amount.

Supporting quotations

If you make a charge in a foreign currency, AE Exposure Management Ltd. ("AEEML") will convert it into U.S. dollars on the date we or our agents process it, so that we bill you for the charge in U.S. dollars based upon this conversion. Unless a particular rate is required by law, AEEML will choose a conversion rate that is acceptable to us for that date.

The rate AEEML uses is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. This rate may differ from rates that are in effect on the date of your charge. We will bill charges converted by establishments (such as airlines) at the rates they use.

Qualifications & exceptions

• Conversion happens on the date of processing, not necessarily the date of the charge.
• The rate is an upper bound ("no more than the highest"), not a fixed rate.
• Establishments such as airlines that convert charges themselves bill at their own rates.

Not stated here

• The actual rate for a given charge is not stated; AEEML chooses it.
• The passage does not say how to learn the conversion rate used.

Data Access & Collection · Company practice

Charges at federal agencies: charge information is collected for routine uses, including aggregated marketing

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

Supporting quotations

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

Qualifications & exceptions

• Applies to charges at federal agencies that accept the Card.
• Aggregated information may be used for reporting, analysis and marketing.

Not stated here

• "Certain charge information" is not itemized.
• The Federal Register publication of other routine uses is outside the supplied text.

Sharing & Disclosure · Company practice

Affiliates may tell you about insurance and other products and be compensated, which may influence what is offered

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee. An affiliate 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. Affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer. Compensation may influence what products and providers American Express or its affiliates tell you about.

Supporting quotations

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

Qualifications & exceptions

• The products "may have a fee".
• Affiliate compensation can vary with the insurer or reinsurer.

Not stated here

• The products, providers and fees are not named in the passage.

Sharing & Disclosure · Permission or license

American Express may share information about you with affiliates to identify products for you, and may be paid

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

Supporting quotations

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

Qualifications & exceptions

• The stated purpose is for affiliates to identify products that may interest you.
• American Express may be paid for the information.

Not stated here

• The passage does not say which information is shared or whether you can opt out.

Account & Service Control · Permission or license

American Express may add, change or remove any benefit, feature or service at its discretion

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

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.

Qualifications & exceptions

• Covers benefits, features and services "included with or related to" the Account.
• Exercised at its discretion.

Not stated here

• The passage does not say whether notice is given before a benefit changes.

Legal Rights & Agreement Rules · Permission or license

American Express may transfer the Agreement and Account without notice; you may not; delay does not waive its rights

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 choose to delay enforcing or not exercise its rights, and if it does, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.

Qualifications & exceptions

• American Express may assign without notice; you may not assign at all.
• Delay or non-enforcement is not a waiver.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the Agreement; Maryland billing addresses have a stated election under Maryland law

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.

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

• Utah law and federal law govern; the Maryland election applies only "to the extent, if any, that Maryland law applies".
• The Maryland statement applies to Accounts with a Maryland billing address.

Not stated here

• The text of the Maryland statute is not supplied, so the practical effect of the election is not stated.

Charges & Financial Obligations · Context

Oregon notice: service charges are limited to those permitted by law, and you may pay more than the minimum at any time

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

Supporting quotations

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

Qualifications & exceptions

• Addressed to Oregon residents.
• Paying more than the minimum up to the whole balance is also stated for all cardholders in Part 1.

Not stated here

• The text does not say which service charges are meant or what the law permits.

Charges & Financial Obligations · User right or choice

Washington notice: no interest owed that results solely from delayed return credits, if you notified American Express

A notice for residents of Washington State says that, in accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven if you have notified it of the merchant's delay in posting such credit, or from its own failure to post such credit to your Account within three working days of receiving it. The sentence can be read as requiring your notice for the merchant's delay only, or for both; the text does not settle which.

Supporting quotations

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

Qualifications & exceptions

• Applies to Washington State residents.
• Covers interest that results solely from a credit not being passed on or posted in time.
• Seven working days for a merchant to transmit a credit; three working days for American Express to post it after receiving it.

Not stated here

• The text of Section 63.14.167 of the Revised Code of Washington is not supplied; this card relies only on the wording of the notice.
• It is not clear whether your notification is a condition for the American Express posting delay as well as the merchant delay.

Legal Rights & Agreement Rules · Procedure

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

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

Supporting quotations

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase.

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

Qualifications & exceptions

• The 45-day rejection window counts from your first Card purchase.
• The section sets out mediation, arbitration or litigation as the routes after Customer Service.

Not stated here

• The overview does not say what happens to a claim if you reject arbitration beyond pointing to the rest of the section.

Legal Rights & Agreement Rules · Context

In Claims Resolution, "you" and "us" include corporate parents, subsidiaries, affiliates and related persons or entities

For the Claims Resolution section, "you" and "us" include any corporate parents, subsidiaries, affiliates or related persons or entities.

Supporting quotations

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

Qualifications & exceptions

• This broader meaning applies only for the Claims Resolution section.

Not stated here

• The passage does not list which related persons or entities are covered.

Legal Rights & Agreement Rules · Context

"Claim" is defined very broadly and includes third-party, advertising, rewards and application disputes

"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; and claims by or against any third party using or providing any product, service or benefit in connection with any account. It also includes claims arising from or relating to any account created under any of the agreements or any balances on them, advertisements, promotions or statements about accounts, goods or services financed, or terms of financing, benefits and services related to Card Membership (including fee-based or free benefit programs, enrollment services and rewards programs), and your application for any account. You may not sell, assign or transfer a claim.

Supporting quotations

Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and

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

Qualifications & exceptions

• The definition covers current or future claims, and relationships you "have or had" with American Express.
• The validity, enforceability or scope of the Arbitration provision is carved out of the definition.
• The list uses "includes but is not limited to".

Not stated here

• The passage does not say how the carve-out for validity, enforceability or scope of the Arbitration provision is decided.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, each side sends a written claim notice naming the claim and relief demanded

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

Supporting quotations

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

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

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

Qualifications & exceptions

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

Not stated here

• The sample claim notice referred to at americanexpress.com/claim is not part of the supplied text.
• The passage does not state a waiting period after the notice before filing.

Legal Rights & Agreement Rules · Procedure

Mediation: either side may submit a claim to JAMS or AAA within 30 days of a claim notice; American Express pays

In mediation a neutral mediator helps parties resolve a claim but does not decide it. A claim notice must be sent first. Within 30 days after sending or receiving a claim notice, you or American Express may submit the claim to JAMS or the American Arbitration Association ("AAA") for mediation. American Express pays the fees of the mediator.

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement. Before beginning mediation, you or we must first send a claim notice. Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS

We will pay the fees of the mediator.

Qualifications & exceptions

• The 30 days run from sending or receiving the claim notice.
• American Express pays the mediator's fees.

Not stated here

• The passage does not say what happens to a claim submitted after the 30-day window.

Legal Rights & Agreement Rules · Context

Mediation is confidential, pauses statutes of limitation, can be ended at any time and does not block arbitration

All 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. Either side may end the mediation at any time. Submitting or failing to submit a claim to mediation does not affect either side's right to elect arbitration.

Supporting quotations

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

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

Qualifications & exceptions

• Tolling runs from the date the claim notice is sent until termination of the mediation.

Legal Rights & Agreement Rules · Restriction or exception

Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If any party chooses arbitration, neither side has the right to litigate that claim in court or have a jury trial on it, or to participate in a representative capacity or as a member of any class for any claim subject to arbitration. 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, and claims may not be joined or consolidated unless both agree in writing. An award and any judgment confirming it apply only to that case and cannot be used in another case except to enforce the award. The decision is as enforceable as a court order and subject to very limited court review, and, except as set forth below, the decision is final and binding. Other rights you or American Express would have in court may also not be available in arbitration.

Supporting quotations

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.

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.

Qualifications & exceptions

• Either side can elect arbitration; once any party elects it, court and jury trial are not available for that claim.
• The decision is final and binding "except as set forth below", which points to the appeal procedure described later.

Not stated here

• The passage does not list which other rights may be unavailable in arbitration.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the arbitration provision, but may still elect arbitration — For a covered borrower under the Military Lending Act, the Arbitration provision does not apply, although the text adds that American Express will comply with its Claims Resolution obligations if the borrower elects arbitration.
• qualified by (model-proposed): Arbitration is individual only, and if those limits are invalid the whole arbitration provision falls away — The Limitations on Arbitration require individual arbitration and make the entire Arbitration provision fall away if those limits are invalid or unenforceable.
• has exception (model-proposed): You can reject arbitration by signed written notice mailed within 45 days after your first Card purchase — A timely, compliant rejection notice means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Procedure

Arbitration follows a claim notice; the electing party picks JAMS or AAA; others need written agreement

Before beginning arbitration, a claim notice must be sent. Claims are referred to either JAMS or AAA, as selected by the party electing arbitration, and are resolved under this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with the Agreement. The text says: "If we choose the organization, you may select the other within 30 days after receiving notice of our selection." This reads as giving you a chance to pick the other of the two organizations within 30 days, but the sentence does not say more than that. Claims may also be referred to another arbitration organization if both agree in writing, or to an arbitrator appointed under section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Supporting quotations

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

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

• Where the organization's rules conflict with the Agreement, the Agreement controls.
• The 30-day window runs from receiving notice of American Express's selection.

Not stated here

• The "select the other" sentence does not explain what selecting the other organization changes.
• The text of section 5 of the Federal Arbitration Act is not supplied; the citation is preserved as written.

Legal Rights & Agreement Rules · Restriction or exception

No arbitration election for an individual small claims case; otherwise it can be elected until trial begins

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

Supporting quotations

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

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

Qualifications & exceptions

• The small claims promise applies only while the claim is individual and pending only in small claims court.
• The right to elect arbitration ends once trial has begun or final judgment has been entered in court.

Not stated here

• The passage does not say what happens if a small claims case is later moved to another court.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only, and if those limits are 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, then the entire Arbitration provision (other than this sentence) will not apply.

Supporting quotations

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

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

Qualifications & exceptions

• The individual-only rule covers class and representative claims for the general public, other Card Members and similarly situated persons.
• If any part of the Limitations is held invalid or unenforceable, the entire Arbitration provision (other than that sentence) does not apply.

Not stated here

• The passage does not say what court or forum would handle claims if the Arbitration provision ceases to apply.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — The Limitations on Arbitration require individual arbitration and make the entire Arbitration provision fall away if those limits are invalid or unenforceable.

Legal Rights & Agreement Rules · Procedure

Arbitration is governed by the FAA, applies substantive law, skips court evidence rules, and is confidential

The Arbitration provision is governed by the Federal Arbitration Act (FAA). The arbitrator applies applicable substantive law, statutes of limitations and privileges, but 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. You and American Express agree the arbitration will be confidential and that neither will disclose its content or outcome to anyone, but either may notify any government authority of the claim as permitted or required by law. At any party's request, the arbitrator provides a brief written explanation of the award. Judgment on any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

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

arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Qualifications & exceptions

• The confidentiality duty has an exception for notifying a government authority as permitted or required by law.
• Relief available in court may be awarded, subject to the Limitations on Arbitration.

Not stated here

• The text of the Federal Arbitration Act is not supplied.

Legal Rights & Agreement Rules · Procedure

Claims of $10,000 or less can choose a documents, phone or in-person hearing; either side can appeal within 35 days

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on documents, through a telephonic hearing, or by an in-person hearing. At your election, hearings take place in the federal judicial district of your residence. 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 appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the award is issued. The arbitration 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 proceeds under the organization's appellate rules.

Supporting quotations

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

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

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.

Except as set forth below, the arbitrator's decision will be final and binding.

Qualifications & exceptions

• The hearing-type choice applies to claims for $10,000 or less.
• Hearing location is the federal judicial district of your residence at your election.
• The appeal notice deadline is 35 days after the award is issued.

Not stated here

• The appellate rules of the arbitration organization are not supplied.
• The passage does not say who pays for the three-arbitrator appeal.

Legal Rights & Agreement Rules · Company commitment

Your share of arbitration fees is capped at what a court filing would cost; American Express pays the rest

You are responsible for your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. American Express is responsible for any additional arbitration fees. At your written request, it will consider in good faith making a temporary advance of your share of any arbitration fees, or paying the reasonable fees of an expert appointed by the arbitrator for good cause.

Supporting quotations

Arbitration Fees and Costs: You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Qualifications & exceptions

• The cap is the court filing fees you would have incurred.
• The advance or expert fee payment is considered in good faith on your written request, not promised.

Not stated here

• The court filing fee amount that sets the cap is not stated.

Legal Rights & Agreement Rules · User right or choice

If the award beats American Express's last offer, it is at least $5,000 plus reasonable 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 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.

Supporting quotations

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

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

Qualifications & exceptions

• The condition is a ruling in your favor for more than any final offer American Express made before the final hearing.
• The $5,000 is a minimum for the money portion.

Not stated here

• The passage does not say what happens if American Express made no final offer.

Legal Rights & Agreement Rules · User right or choice

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

You may reject the Arbitration provision by sending a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998. It must be mailed within 45 days after your first Card purchase and must state that you reject the Arbitration provision and include your name, address, Account number and personal signature; no one else may sign it. A sample is referred to at americanexpress.com/reject. If the notice complies, the Arbitration provision and any other arbitration provisions in the Card Member agreements for any other currently open American Express accounts you have do 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 with your Account.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The notice must be mailed within 45 days after your first Card purchase and signed by you personally.
• A valid rejection also removes arbitration provisions in your other currently open American Express account agreements, except Corporate Card accounts and claims already pending in litigation or arbitration.

Not stated here

• The sample rejection notice at americanexpress.com/reject is not part of the supplied text.
• The passage does not say how you can confirm the notice was received.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration; no court, jury, class or representative proceedings for that claim — A timely, compliant rejection notice means the Arbitration provision does not apply to you.

Legal Rights & Agreement Rules · Restriction or exception

Claims Resolution survives account closure, payoff, collection, bankruptcy and sale; 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 (in a sale, its terms apply to the buyer). If any portion of the section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it does not invalidate the remaining portions.

Supporting quotations

Continuation: This section will survive termination of your Account, voluntary payment of your Account balance, any legal proceeding to collect a debt, any bankruptcy and any sale of your Account (in the case of a sale, its terms will apply to the buyer of your Account). If any portion of this Claims Resolution section, except as otherwise provided in the Limitations on Arbitration subsection, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

Qualifications & exceptions

• The exception for the Limitations on Arbitration subsection means a failure of those Limitations has the broader effect described there.