American Express® Gold Card Agreement

Legal Rights & Agreement Rules · Context

This is Part 1 of 3 of the Gold Card agreement, as of June 30, 2026

The document is the first of three parts of the Card Member Agreement for the American Express Gold Card. It is stated as of 06/30/2026 and names American Express National Bank as the issuer. Later text says Parts 1, 2 and 3 and any supplements or amendments together make up the agreement.

Supporting quotations

Card Member Agreement: Part 1 of 3

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

American Express® Gold Card

Qualifications & exceptions

• Applies to the American Express Gold Card account as described in this Card Member Agreement, "As of: 06/30/2026".

Not stated here

• The public copy does not show account-specific items that later text says appear on page 1 of Part 1, such as an individual Pay Over Time Limit or any Spending Limit.

Charges & Financial Obligations · Company practice

Pay Over Time APR is variable: Prime Rate plus 12.74% to 21.74%

The Annual Percentage Rate for Pay Over Time is stated as the Prime Rate plus a margin that runs from 12.74% to 21.74%, and the table labels it a variable APR. The table points to the Explanation of Variable Rates for how the rate moves with the Prime Rate. The table does not say which margin within the range applies to a given account.

Supporting quotations

Annual Percentage Rate (APR) for Pay Over Time

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 moves with the Prime Rate (see the Explanation of Variable Rates).
• Applies to the Pay Over Time feature only; Cash Advance and penalty APRs are stated in separate rows.

Not stated here

• The table does not say how the margin within the 12.74% to 21.74% range is chosen for an account.
• The table shows the APR only as Prime Rate plus a margin; no Daily Periodic Rate value is listed in this table.

Charges & Financial Obligations · Company practice

Cash advance APR is variable: Prime Rate plus 21.99%

Cash advances carry their own variable APR of the Prime Rate plus 21.99%. This is a single stated margin rather than a range, and it is labelled variable with a pointer to the Explanation of Variable Rates.

Supporting quotations

APR for Cash Advances | Prime Rate + 21.99% This is a variable APR. See Explanation of Variable Rates below.

Qualifications & exceptions

• Variable APR tied to the Prime Rate.

Not stated here

• The table does not show a Daily Periodic Rate value for cash advances.

Charges & Financial Obligations · Restriction or exception

Penalty APR (Prime Rate plus 26.74%) may be applied after a missed or returned payment

American Express has the right to apply a variable penalty APR of the Prime Rate plus 26.74% to new transactions in a Pay Over Time balance if you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date, or if your payment is returned by your bank. If it is applied, it lasts at least 6 months. American Express reviews the Account every 6 months after the penalty APR is applied, and it continues until you have made timely payments with no returned payments during the 6 months being reviewed.

Supporting quotations

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

We have the right to apply the penalty APR to new transactions in a Pay Over Time balance if: • you do not pay at least the Minimum Payment Due (or Amount Due, if applicable) by the Payment Due Date; or • your payment is returned by your bank and we will notify you if we do.

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

Qualifications & exceptions

• Applies to new transactions in a Pay Over Time balance.
• Triggered by missing the Minimum Payment Due (or Amount Due) by the Payment Due Date, or a payment returned by your bank.
• Stays for at least 6 months, then continues until a reviewed 6-month period has timely payments and no returned payments.

Not stated here

• The table says "we will notify you if we do" without saying how or when notice is given.
• "We have the right to apply" is permissive; the table does not say whether it is applied every time a trigger occurs.

Charges & Financial Obligations · Company practice

Pay Over Time charges avoid interest only if grace conditions are met; cash advances accrue at once

The table says the Payment Due Date is at least 25 calendar days after the close of each billing period, and that no interest is charged on charges automatically added to a Pay Over Time balance if each month you pay the Account Total New Balance (or the Adjusted Balance, if you have a Plan balance) by the Payment Due Date. The detailed grace-period text qualifies this: interest is not charged on automatically added charges in a billing period if the Pay Over Time Previous Balance for the period is zero, or if you paid the Account Total New Balance (or Adjusted Balance with an active Plan It plan) in full by the Payment Due Date for each of the previous two billing periods. Cash advances are different: interest starts on the transaction date.

Supporting quotations

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

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement (or, if you have a Plan balance, your Adjusted Balance on your billing statement) by the Payment Due Date.

If you have Cash Advance on your Account, we will begin charging interest on cash advances on the transaction date.

When We Charge Interest on Pay Over Time and Cash Advance Balances (Grace Period)

However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

your Pay Over Time Previous Balance for the billing period is zero; or

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

Qualifications & exceptions

• No-interest treatment applies only to charges automatically added to a Pay Over Time balance, not to cash advances.
• Requires one of two conditions in the detailed grace-period text: Previous Balance of zero, or full payment by the Payment Due Date in each of the previous two billing periods.

Not stated here

• The table summary describes paying "each month" and does not repeat the "previous two billing periods" wording used in the detailed grace-period text; the document does not explain how the two descriptions are meant to be reconciled beyond that text.

Cross-references

• qualified by (model-proposed): Pay Over Time interest starts on the transaction date unless a no-interest condition is met; cash advances always accrue — The table summary of when interest is avoided is qualified by the detailed grace-period conditions (zero Previous Balance, or full on-time payment in each of the previous two billing periods).

Charges & Financial Obligations · Company practice

Plan It plan fee: monthly fixed finance charge of up to 1.33% of each purchase in a plan

A purchase placed in a Plan It plan carries a monthly plan fee of up to 1.33% of that purchase. The fee depends on an APR, the plan duration and other factors. The APR used is the one that would otherwise apply to the purchase for a Pay Over Time purchase, the Pay Over Time APR at the time the plan is created for a Pay In Full purchase, or the lower of the two for a purchase split between Pay Over Time and Pay In Full balances. Each plan fee is disclosed before a plan is created. A plan cannot be cancelled once created, but paying the Account Total New Balance in full pays it off early and ends future plan fees on that plan.

Supporting quotations

A monthly plan fee of up to 1.33% of each purchase placed in a plan based on:

either the APR that would otherwise apply to that purchase (for purchases in a Pay Over Time balance), the APR that applies to the Pay Over Time feature at the time you create the plan (for purchases in a Pay In Full balance), or the lower of the two APRs (for purchases that are divided between a Pay Over Time balance and a Pay In Full balance); the plan duration; and other factors.

Each plan fee will be disclosed before you create the applicable plan.

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

Qualifications & exceptions

• "Up to 1.33%" is a ceiling per month on the purchase placed in the plan.
• The fee base APR depends on which balance the purchase was in when the plan was created.

Not stated here

• The table does not state the exact fee for a given plan; it says other factors (not listed) also apply and that the exact amount is disclosed before a plan is created.

Charges & Financial Obligations · Company practice

Annual Fee is $325

The Rates and Fees Table lists an Annual Fee of $325 for the Gold Card. Fees for additional cards and the refund conditions appear elsewhere in the agreement.

Supporting quotations

Annual Fee | $325

Qualifications & exceptions

• Amount stated in the Rates and Fees Table for this Account.

Charges & Financial Obligations · Company practice

Cash advance fee is $10 or 5%, whichever is greater; no foreign transaction fee

The table sets the fee for each cash advance at the greater of $10 or 5% of the amount advanced, and states that the Foreign Transaction fee is None.

Supporting quotations

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

Foreign Transaction: None.

Qualifications & exceptions

• The cash advance fee applies to each cash advance and is the greater of the two amounts.

Charges & Financial Obligations · Company practice

Late and returned payment fees are up to $40 each

The table gives the Late Payment fee and the Returned Payment fee each as "Up to $40". The table states only the maximum.

Supporting quotations

Late Payment: Up to $40. Returned Payment: Up to $40.

Qualifications & exceptions

• Maximum amounts as stated in the table.

Not stated here

• The table does not state the lower amounts or the circumstances that decide the amount; the fee detail further down Part 1 is explained in its own card.

Cross-references

• narrowed by (model-proposed): Late payment fee is $29, then $40 for a repeat within 6 billing periods, capped at the prior statement amount — The table gives the late payment fee only as "Up to $40"; the fee detail states $29 for a first late payment and $40 for a repeat within the next 6 billing periods.
• narrowed by (model-proposed): Returned payment fee is $29, then $40 for a repeat in the same or next 6 billing periods, with a cap — The table gives the returned payment fee only as "Up to $40"; the fee detail states $29 for a first returned payment and $40 for a repeat.

Charges & Financial Obligations · Procedure

Interest is calculated with the average daily balance method, including new purchases

Part 1 states that interest is calculated using the average daily balance method (including new purchases) and points to the Part 2 section that explains how interest is calculated on Pay Over Time and Cash Advance balances.

Supporting quotations

We use a method called average daily balance method (including new purchases). See the How we calculate interest on Pay Over Time and Cash Advance Balances section in Part 2.

Qualifications & exceptions

• Method statement only; the formula is in Part 2.

Charges & Financial Obligations · Company practice

Variable APRs rise when the Prime Rate rises, change at the start of the billing period, and cap at 29.99%

If the Prime Rate increases, the variable APRs (and corresponding DPRs) increase, so you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period during which the Prime Rate 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

• Applies to variable APRs, which the Rates and Fees Table labels as variable.
• Change takes effect as of the first day of the billing period during which the Prime Rate changed.
• The 29.99% ceiling is stated for variable APRs.

Not stated here

• The text spells out what happens when the Prime Rate increases; it states that a change in the Prime Rate changes the variable APRs but does not separately spell out a decrease.

Charges & Financial Obligations · Procedure

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

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

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.

we may use the Prime Rate published in another newspaper of general circulation.

Qualifications & exceptions

• Measured on the Closing Date of the billing period.
• The replacement-source clause is permissive ("may").

Not stated here

• The text does not name the other newspaper that would be used if The Wall Street Journal stopped publishing the Prime Rate.

Charges & Financial Obligations · Company practice

Additional cards: no annual fee for the first 5, then $35 for each additional card

The annual fee for the card itself is the one in the Rates and Fees Table. For Additional Cards, there is no charge for the first 5, and $35 is charged for each additional card after that. Part 2 adds that if a single Annual Fee applies for a group of Additional Cards, the refund policy applies when the Additional Card on which the fee was assessed is cancelled.

Supporting quotations

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

We will not charge for the first 5 additional cards, we will charge $35 for each additional card thereafter.

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

• Applies to Additional Cards on the Account; the first 5 carry no charge.
• Refund policy for the fee is described in Part 3 (see the account-closing card).

Not stated here

• The text does not say whether the $35 fee is charged annually; it is described only as the Annual Fee for Additional Cards.

Cross-references

• refers to (model-proposed): You may close the Account by calling or writing; the Annual Fee is refunded only if you close within 30 days — The Additional Card annual fee points to the refund policy in the Closing or suspending your Account sub-section of Part 3.

Charges & Financial Obligations · Company practice

Plan fee is a fixed finance charge billed each month a plan is active and disclosed before the plan is set up

The plan fee is described on the Rates and Fees Table. It is a fixed finance charge charged each month that a plan is active. The dollar amount of your plan fee is disclosed before you set up a plan, and the Plan It text in Part 2 says you can view the monthly plan payments, including the plan fee, for your selection.

Supporting quotations

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.

You will be able to view the monthly plan payments, including the plan fee, for your selection.

Qualifications & exceptions

• Charged each month that a plan is active.
• Amount disclosed before the plan is set up.

Charges & Financial Obligations · Company practice

Cash advance fee is 5% (including any ATM operator fee), with a $10 minimum, added to the Cash Advance balance

The cash advance fee is 5% of an ATM cash advance (including any fee charged by the ATM operator) or of any other cash advance, with a minimum of $10. American Express adds this fee to the Cash Advance balance.

Supporting quotations

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

Qualifications & exceptions

• For an ATM cash advance, the 5% is figured on the amount including any ATM operator fee.
• Minimum $10.

Not stated here

• The text does not say whether the ATM operator fee is charged in addition to the 5% fee beyond including it in the amount the 5% is figured on.

Cross-references

• defined by (model-proposed): Defined charge types: a cash advance includes cash equivalents, digital currency, casino chips and betting transactions — The cash advance definition in Part 2 sets which charges the cash advance fee, limit and APR apply to.

Charges & Financial Obligations · Company practice

Foreign transaction fee is None

The fee detail states "Foreign Transaction: None", matching the Rates and Fees Table, so no foreign transaction fee is listed for this Account.

Supporting quotations

Foreign Transaction: None.

Qualifications & exceptions

• Fee detail statement for this Account.

Not stated here

• Other provisions mention charges "subject to a Foreign Transaction Fee"; the agreement does not say when such a fee would apply given this "None" statement.

Cross-references

• contrast (model-proposed): Charges with a foreign fee, certain disputes or fraud reports, a plan, or a suspended Account are not moved — Part 1 states the Foreign Transaction fee as None, while other provisions treat charges "subject to a Foreign Transaction Fee" as excluded from the Closing Date move; the document does not reconcile these.

Charges & Financial Obligations · Company practice

Late payment fee is $29, then $40 for a repeat within 6 billing periods, capped at the prior statement amount

If American Express does not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date, the late 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 Amount Due (or Minimum Payment Due, if applicable) on the prior billing statement. The table headline for this fee is "Up to $40".

Supporting quotations

Late Payment: Up to $40. If we do not receive the Amount Due (or Minimum Payment Due, if applicable) by the Payment Due Date, the fee is $29. If this happens again within the next 6 billing periods, the fee is $40. However, the late fee on a billing statement will not exceed the Amount Due (or Minimum Payment Due, if applicable) on your prior billing statement.

Qualifications & exceptions

• The $40 amount applies when a late payment happens again within the next 6 billing periods.
• Cap: the fee will not exceed the Amount Due (or Minimum Payment Due) on the prior billing statement.

Cross-references

• narrows (model-proposed): Late and returned payment fees are up to $40 each — The table gives the late payment fee only as "Up to $40"; the fee detail states $29 for a first late payment and $40 for a repeat within the next 6 billing periods.

Charges & Financial Obligations · Company practice

Returned payment fee is $29, then $40 for a repeat in the same or next 6 billing periods, with a cap

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

Supporting quotations

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

Qualifications & exceptions

• $40 applies to a repeat in the same billing period or the next 6 billing periods.
• Cap: the fee will not exceed the Amount Due (or Minimum Payment Due) on the prior billing statement.

Cross-references

• narrows (model-proposed): Late and returned payment fees are up to $40 each — The table gives the returned payment fee only as "Up to $40"; the fee detail states $29 for a first returned payment and $40 for a repeat.

Charges & Financial Obligations · Company practice

Returned check fee is $38 plus the unpaid amount when a check cashed with the card is returned

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

Supporting quotations

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

Qualifications & exceptions

• Applies to a check cashed using the card at an approved location that is returned unpaid.

Charges & Financial Obligations · Company practice

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

The fee is $25 if the Account is cancelled, you ask American Express to re-open it, and it does so.

Supporting quotations

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

Qualifications & exceptions

• Applies only if the Account was cancelled, you requested re-opening, and American Express re-opened it.

Cross-references

• contrast (model-proposed): You may close the Account by calling or writing; the Annual Fee is refunded only if you close within 30 days — Part 1 states the re-opening fee as $25 when an Account is cancelled, re-opened at your request and American Express does so, while Part 3 says American Express "may charge" $25; the document does not say whether the fee is ever waived.

Charges & Financial Obligations · Restriction or exception

Cash advance balance may not exceed $6,000, and you agree to manage the Account to stay within it

The Cash Advance Limit is $6,000 on the cash advance balance. There may also be a limit on the amount of cash and number of times cash can be obtained from ATMs in a given period. You agree to manage your Account so that the cash advance balance (including fees and interest) is not more than the limit. For this limit, the cash advance balance is determined by adding new cash advance transactions to the prior day's ending cash advance balance.

Supporting quotations

Cash Advance Limit: Your cash advance balance may not exceed $6,000.

There may also be a limit on the amount of cash and number of times you can obtain cash from ATMs in a given period.

You agree to manage your Account so that your cash advance balance (including fees and interest) is not more than the Cash Advance Limit.

your cash advance balance will be determined by adding new cash advance transactions to the ending cash advance balance of the prior day.

Qualifications & exceptions

• The balance counted includes fees and interest.
• Computed daily from the prior day's ending cash advance balance plus new cash advance transactions.

Not stated here

• The text does not state the amount or frequency of any ATM cash limit; it says only that there "may" be one.

Charges & Financial Obligations · Restriction or exception

A cash advance may be declined if it would push balances over the Pay Over Time Limit

American Express may not approve a cash advance if it would cause the total of the Pay Over Time and/or Cash Advance balance and Plan balance to go over the Pay Over Time Limit. Part 2 explains that the Pay Over Time Limit applies to the total of Pay Over Time, Cash Advance and Plan balances and is not a spending limit.

Supporting quotations

we may not approve a cash advance transaction if it would cause the total of your Pay Over Time and/or Cash Advance balance and Plan balance to go over your Pay Over Time Limit.

The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances.

The Pay Over Time Limit is not a spending limit.

Qualifications & exceptions

• Separate from the $6,000 Cash Advance Limit.
• "May not approve" leaves the decision to American Express.

Not stated here

• The Pay Over Time Limit amount is not stated in this public copy.

Cross-references

• refers to (model-proposed): The Pay Over Time Limit caps the Pay Over Time, Cash Advance and Plan balances, is not a spending limit, and can change — The cash advance approval limit in Part 1 relies on the Pay Over Time Limit that Part 2 describes.

Charges & Financial Obligations · Restriction or exception

Person-to-person transactions may not exceed $2,000 in any 30-day period

The Person-to-Person Limit is $2,000 for person-to-person transactions within any 30-day period. You agree to manage your Account so that the total of your person-to-person transactions in any 30-day period does not exceed the limit, and American Express may not approve a person-to-person transaction that would cause the Account to exceed it.

Supporting quotations

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 does not exceed the Person-to-Person Limit.

We may not approve a person-to-person transaction if it would cause your Account to exceed the applicable

Qualifications & exceptions

• Measured over any 30-day period.

Charges & Financial Obligations · Procedure

The monthly amount owed is the Pay In Full New Balance plus any minimum due and plan payment, including past-due amounts

The amount you owe each month is the sum of the Pay In Full New Balance, any Pay Over Time and/or Cash Advance Minimum Due, and any Plan Payment Due on your billing statement. The listed amounts include any past due amounts.

Supporting quotations

The amount you owe each month is the sum of the following on your billing statement:

The Pay In Full New Balance

Any Pay Over Time and/or Cash Advance Minimum Due

Any Plan Payment Due

Above amounts include any past due amounts.

Qualifications & exceptions

• Components appear on the billing statement.
• Includes any past due amounts.

Charges & Financial Obligations · Procedure

Pay Over Time/Cash Advance Minimum Due is the highest of $40, 2% of the balance, or a tiered formula plus interest

The Pay Over Time and/or Cash Advance Minimum Due is the highest of three amounts: $40; 2% of the Pay Over Time and/or Cash Advance New Balance; or a tiered total. For the tiered total, take the New Balance minus the Interest charged on the statement as the Amount, then add 1% of the Amount from $0 through $20,000, 2% of the Amount from $20,000.01 through $35,000, 5% from $35,000.01 through $50,000 and 10% above $50,000. Divide that sum by the Amount, round to four decimals, multiply by the Amount, and add the Interest charged on the statement plus any Pay Over Time and/or Cash Advance amount past due. The minimum due will not exceed the New Balance, and you may pay more than the Minimum Payment Due, up to the entire outstanding balance, at any time.

Supporting quotations

Your Pay Over Time and/or Cash Advance Minimum Due is the highest of:

$40

2% of the Pay Over Time and/or Cash Advance New Balance

The total calculated by following these steps: Use the Pay Over Time and/or Cash Advance New Balance minus the Interest charged on the billing statement as the Amount to calculate the sum of a. through d. below:

a. 1% of the Amount from $0 through $20,000

b. 2% of the Amount from $20,000.01 through $35,000

c. 5% of the Amount from $35,000.01 through $50,000

d. 10% of the Amount above $50,000

e. Then divide the sum from steps a. through d. by the Amount and round to four decimals

f. Multiply by the Amount

g. Add the Interest charged on the billing statement Plus any Pay Over Time and/or Cash Advance amount past due.

Your Pay Over Time and/or Cash Advance Minimum Due will not exceed your Pay Over Time and/or Cash Advance New Balance. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.

Qualifications & exceptions

• Highest of the three amounts applies.
• Capped at the Pay Over Time and/or Cash Advance New Balance.
• Tier thresholds are applied to the Amount (New Balance minus Interest charged on the billing statement).

Not stated here

• How the Plan Payment Due is figured is not part of this formula; the text points to Plan It for plan details.

Charges & Financial Obligations · Context

Worked example: $30,300 balance including $300 interest; first two candidate amounts are $40 and $606

The agreement works an example with a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes $300 of Interest. The first candidate minimum is $40 and the second, 2% of $30,300, is $606. The third, tiered calculation is worked in the next lines of the agreement.

Supporting quotations

EXAMPLE: You have: a Pay In Full New Balance of $200 and a Pay Over Time and/or Cash Advance New Balance of $30,300, which includes Interest of $300.

$40

2% multiplied by $30,300 equals $606

Qualifications & exceptions

• Illustration using the stated figures, not the terms of any particular Account.

Not stated here

• This card stops at the first two candidates; the third candidate and the final Minimum Payment Due are in the following section.

Charges & Financial Obligations · Context

Worked example result: the highest candidate is $699, giving a Minimum Payment Due of $899

Continuing the worked example (Pay In Full New Balance $200; Pay Over Time and/or Cash Advance New Balance $30,300, including $300 interest), the tiered calculation takes $30,300 minus $300 to get $30,000, then 1% of $20,000 ($200) and 2% of the next $10,000 ($200), with nothing in the higher tiers. The two tier amounts total $400, which divided by $30,000 gives 0.0133; multiplied by $30,000 this is $399, and adding the $300 interest gives $699. The highest of the three candidates ($40, $606 and $699) is $699. That $699 Pay Over Time and/or Cash Advance Minimum Due plus the $200 Pay in Full New Balance makes up a Minimum Payment Due of $899.

Supporting quotations

2% multiplied by $30,300 equals $606

$30,300 minus $300 equals $30,000

a. 1% multiplied by $20,000 equals $200

b. 2% multiplied by ($30,000 minus $20,000) equals $200

c. 5% multiplied by $0 equals $0

d. 10% multiplied by $0 equals $0

e. ($200 plus $200) divided by $30,000 equals 0.0133

f. $30,000 multiplied by 0.0133 equals $399

g. $399 plus $300 equals $699

The highest of 1., 2. or 3. is $699. The Pay Over Time and/or Cash Advance Minimum Due of $699 plus the Pay in Full New Balance of $200 together make up the Minimum Payment Due of $899.

Qualifications & exceptions

• Illustration using the stated figures, not the terms of any particular Account.
• The Minimum Payment Due in the example is the Pay Over Time and/or Cash Advance Minimum Due plus the Pay in Full New Balance.

Not stated here

• The example has no plan payment, so it does not show how a Plan Payment Due would add to the total.

Charges & Financial Obligations · Company practice

Pay Over Time interest starts on the transaction date unless a no-interest condition is met; cash advances always accrue

American Express charges interest on Pay Over Time balances as described, and for cash advances from the transaction date, so interest on cash advances cannot be avoided. For charges added automatically to a Pay Over Time balance when they post, interest runs from the transaction date until paid. For charges or portions that are automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date, interest runs from the day after they are added until paid. There is no interest on charges added automatically to the Pay Over Time balance in a billing period if the Pay Over Time Previous Balance for that period is zero, or if the Account Total New Balance (or the Adjusted Balance with an active Plan It plan) was paid in full by the Payment Due Date for each of the previous two billing periods. Charges that remain in the Pay In Full balance are due in full each month.

Supporting quotations

When We Charge Interest on Pay Over Time and Cash Advance Balances (Grace Period)

For cash advances, we charge interest from the transaction date. You cannot avoid paying interest on cash advances.

For charges added automatically to a Pay Over Time balance at the time they post to your account, we charge interest from the transaction date until they are paid.

For charges or portions of charges that we automatically move from your Pay In Full balance to your Pay Over Time balance on your Closing Date, we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

your Pay Over Time Previous Balance for the billing period is zero; or

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

We will not charge you interest on charges automatically added to a Pay Over Time balance if each month you pay your Account Total New Balance on your billing statement

Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.

you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.

Qualifications & exceptions

• The no-interest conditions apply to charges added automatically to the Pay Over Time balance, not to cash advances.
• The two conditions are alternatives ("or").
• "Previous two billing periods" means each of those periods' statements was paid in full by its Payment Due Date.

Not stated here

• "Adjusted Balance" and "Account Total New Balance" are used without definitions in this document.
• The text does not say how the previous-two-periods condition applies to a newly opened Account.

Cross-references

• qualifies (model-proposed): Pay Over Time charges avoid interest only if grace conditions are met; cash advances accrue at once — The table summary of when interest is avoided is qualified by the detailed grace-period conditions (zero Previous Balance, or full on-time payment in each of the previous two billing periods).

Charges & Financial Obligations · Company practice

Pay Over Time Select purchases added at your request accrue interest from the date added

For Pay Over Time Select, American Express charges interest on purchases added at your request to a Pay Over Time Select balance from the date they are added until they are paid.

Supporting quotations

For Pay Over Time Select: we charge you interest on purchases added at your request to a Pay Over Time Select balance from the date they are added to a Pay Over Time Select balance until they are paid.

Qualifications & exceptions

• Applies to purchases added at your request to a Pay Over Time Select balance.

Not stated here

• This public Card Member Agreement mentions Pay Over Time Select only in this sentence and does not describe the feature, its rate or how a purchase is added.

Legal Rights & Agreement Rules · User right or choice

The agreement is Parts 1, 2 and 3 plus any supplements or amendments, and a copy can be requested

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

• Applies to the Card Member Agreement for the Account.

Not stated here

• Supplements or amendments are not part of this public copy.

Legal Rights & Agreement Rules · Permission or license

Parts 1, 2 and 3 form the agreement; using or keeping the Card means you accept it

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 its terms. The agreement also 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.

Supporting quotations

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

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

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

Part 1, Part 2, Part 3 and any supplements or amendments make up your Card Member Agreement.

Qualifications & exceptions

• Acceptance happens by using the Account, or signing or keeping the Card.
• The cancellation right applies to someone who has not yet used the Account or made a payment on the Account after receiving a billing statement.

Not stated here

• The sentence "If you have not yet used the Account or made a payment on the Account after receiving a billing statement" does not make clear whether "after receiving a billing statement" applies to both using the Account and making a payment; the document does not explain this further.
• The text does not say how to cancel the Card or by when.

Legal Rights & Agreement Rules · Permission or license

American Express may change the agreement; the written agreement is the final expression and cannot be changed orally

American Express may change the agreement, subject to applicable law. The written agreement is described as the 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 made "subject to applicable law".
• Oral modifications are not effective under this clause.

Not stated here

• This passage does not say how or when notice of a change is given, or what choices you have if you do not accept a change.

Account & Service Control · Context

"We" is the issuer, "you" is the applicant (Primary Card Member), and Additional Cards may be requested

We, us and our mean the issuer shown on page 1 of Part 1. You and your mean the person who applied for the Account and for whom American Express opened it, referred to as the Basic or Primary Card Member. The Primary Card Member may request Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device issued to access the Account. Later sections explain that you are responsible for all use of the Account by Additional Card Members and anyone they allow to use it, and that their use may be reported to credit reporting agencies.

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 Additional Cards (which include Companion Cards, if available) for Additional Card Members. Card means any American Express Card or other device that we issue to access your Account.

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.

we may report their use of your Account to credit reporting agencies.

Qualifications & exceptions

• Companion Cards are included in Additional Cards only "if available".
• Responsibility for Additional Card use is set out in the Additional Card Members section.

Charges & Financial Obligations · Context

Defined charge types: a cash advance includes cash equivalents, digital currency, casino chips and betting transactions

A charge is any amount added to the Account, such as purchases, cash advances, fees and interest charges. A purchase is a charge for goods, services or person-to-person transactions. A cash advance is a charge to get cash or cash equivalents, including travelers cheques, gift cheques, foreign currency, money orders, digital currency, casino gaming chips, race track wagers and other offline and online betting transactions. A person-to-person transaction is a charge for funds sent to another person or a charge to add funds to your Amex SendTM Account. A plan is a portion of the Account balance selected to be paid through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period it covers.

Supporting quotations

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

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

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

A plan is a portion of your Account balance that you have selected to pay through a set number of monthly payments using Plan It. The Closing Date appears on each billing statement and is the last day of the billing period covered by the billing statement.

Qualifications & exceptions

• The list of cash equivalents is introduced by "including", so it is not stated to be exhaustive.
• These definitions determine which fees, limits and rates apply to a charge (for example cash advance fees and limits).

Not stated here

• The text does not define "cash equivalents" beyond the examples listed.

Cross-references

• defines (model-proposed): Cash advance fee is 5% (including any ATM operator fee), with a $10 minimum, added to the Cash Advance balance — The cash advance definition in Part 2 sets which charges the cash advance fee, limit and APR apply to.

Account & Service Control · Restriction or exception

American Express decides whether to approve each charge; the Card is for personal, family or household purposes only

You may use the Card to make charges, and American Express decides whether to approve a charge based on how you spend and pay on this Account and other Accounts you have with it. It also considers your credit history and score and the personal resources it knows about. You agree to use the Card for personal, family or household purposes only.

Supporting quotations

We decide whether to approve a charge, based on how you spend and pay on this Account and other Accounts you have with us.

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

We also consider your credit history and score and your personal resources that we know about.

Qualifications & exceptions

• Approval is American Express's decision, based on factors listed in the text.
• The personal, family or household purposes limit is an agreement by you.

Not stated here

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

Account & Service Control · Restriction or exception

If page 1 of Part 1 shows a Spending Limit, charges are more likely to be declined above it, but may be approved anyway

If there is a Spending Limit on page 1 of Part 1, the Account has a preset Spending Limit. If the total balance exceeds it, American Express is more likely to decline to authorize charges. It may approve charges that cause the total balance to exceed the Spending Limit, and you must still pay for those charges. It may also decline charges even if they do not cause the balance to exceed the limit, and it may change or remove the Spending Limit at any time.

Supporting quotations

if there is a Spending Limit on page 1 of Part 1 of this Agreement, then your Account has a preset Spending Limit.

If at any time your total balance exceeds this Spending Limit, we are more likely to decline to authorize your charges. We may approve charges that cause your total balance to exceed the Spending Limit. If we do, you must still pay us for those charges.

We may change or remove the Spending Limit at any time.

Qualifications & exceptions

• Applies only if a Spending Limit is shown on page 1 of Part 1.
• "More likely to decline" is a likelihood, not a guarantee.

Not stated here

• Whether this Account has a Spending Limit, and its amount, is not stated in this public copy.

Sharing & Disclosure · User right or choice

American Express may (but need not) tell merchants storing your card about number, expiry or account status changes

You may arrange for certain merchants and third parties to store your Card number and expiration date, for example so a merchant can charge your Account at regular intervals. American Express may (but is not required to) tell these 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 American Express to share your updated Account information, you can contact it 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 permitted, not required.
• The choice to stop sharing is made by contacting American Express.

Not stated here

• The text does not say which merchants and third parties are told or what updated information is shared beyond the card number, expiration date and account status.

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

Supporting quotations

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

You may not use your Account for illegal activities.

Qualifications & exceptions

• Applies to loss, theft or unauthorized use of the Card or Account.

Not stated here

• This passage does not say what liability applies to unauthorized use.

Account & Service Control · Restriction or exception

American Express may decline charges for various reasons and is not responsible for losses from a decline or refusal

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

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 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

• Applies even if the Account is not in default.
• The disclaimer covers non-authorization and merchant refusal.

Not stated here

• "Various reasons" is open-ended; only suspected fraud and creditworthiness are named as examples.

Charges & Financial Obligations · User right or choice

Pay Over Time lets you carry an interest-bearing balance up to your limit; inactive means charges are due in full

If Pay Over Time is a feature of the Account, you may carry a balance with interest up to your Pay Over Time Limit. It has two settings, active and inactive, which you can change or view at any time through your online account or by calling the number on the back of the Card. Purchases made and Annual Fees charged while it is inactive are added to the Pay In Full balance, which is due in full each month. If you have a Pay Over Time balance you can choose each month to pay the Account Total New Balance in full, the Minimum Payment Due, or any amount in between. How charges get added to the Pay Over Time balance is described in the following text.

Supporting quotations

If Pay Over Time is a feature of your Account, you may carry a balance with interest, up to your Pay Over Time Limit.

Pay Over Time has two settings: active and inactive. You can change or view your Pay Over Time setting at any time through your online account or by calling the number on the back of your Card.

Purchases made and Annual Fees charged when Pay Over Time is set to inactive will be added to your Pay In Full balance, which will be due in full each month.

If you have a Pay Over Time balance, you can choose each month to pay your Account Total New Balance in full, the Minimum Payment Due, or any amount in between.

Qualifications & exceptions

• Applies only if Pay Over Time is a feature of the Account.
• Interest-bearing balance is limited to the Pay Over Time Limit.

Not stated here

• The Pay Over Time Limit amount is not stated in this public copy.

Charges & Financial Obligations · Procedure

If Pay Over Time is active at 8 p.m. ET on the transaction date, eligible charges are added to the Pay Over Time balance

If Pay Over Time is set to active at 8 p.m. ET on the transaction date provided by the merchant for an eligible charge (or on the date an eligible Annual Fee is charged), the charge is automatically added to the Pay Over Time balance, subject to the Pay Over Time Limit. If adding the whole charge would push the total of the Pay Over Time, Cash Advance and Plan balances over the limit, the whole charge goes to the Pay In Full balance instead. The merchant's transaction date may differ from the purchase date (for example a delay in submission or use of the shipping date), and charges with the same transaction date are added in any order American Express chooses. The Pay Over Time Limit is not a spending limit.

Supporting quotations

On the Transaction Date:

If Pay Over Time is set to active at 8 p.m.ET on the transaction date provided by the merchant for an eligible charge, or on the date when an eligible Annual Fee is charged to your Account, the charge will automatically be added to your Pay Over Time balance, subject to your Pay Over Time Limit.

If the addition of an entire charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

The transaction date provided by the merchant may differ from the date you made the purchase if, for example, there is a delay in the merchant submitting the transaction to us or if the merchant uses the shipping date as the transaction date. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

Charges will be added to your Pay Over Time balance as described below.

The Pay Over Time Limit is not a spending limit.

Qualifications & exceptions

• Applies to eligible charges and eligible Annual Fees when Pay Over Time is active at 8 p.m. ET on the transaction date.
• Charges that would exceed the Pay Over Time Limit as a whole are added to the Pay In Full balance.

Not stated here

• "Eligible" charges are defined only partly: the following text names some charges that are not eligible and says eligibility may change.

Charges & Financial Obligations · Permission or license

On the Closing Date, eligible Pay In Full charges may be moved to the Pay Over Time balance, up to the limit

If on the Closing Date the total of the Pay Over Time, Cash Advance and Plan balances is less than the Pay Over Time Limit, Pay Over Time is set to active at 8 p.m. ET, and there are eligible new charges in the Pay In Full balance with a transaction date when Pay Over Time was active, you authorize American Express to automatically move all or part of those charges to the Pay Over Time balance, subject to the limit. If a charge would take the total over the limit, only the portion up to the limit is moved and the rest stays in the Pay In Full balance. Eligible charges move in order of transaction date, and charges with the same date move in any order American Express chooses. Interest on charges moved this way runs from the day after they are added to the Pay Over Time balance, and the no-interest conditions in the grace-period text can still apply.

Supporting quotations

On your Closing Date:

Also, if on your Closing Date, 1) the total of your Pay Over Time, Cash Advance, and Plan balances is less than your Pay Over Time Limit,

Pay Over Time is set to active at 8 p.m. ET and 3) there are eligible new charges in your Pay In Full balance with a transaction date when Pay Over Time was set to active, you authorize us to automatically move all or a portion of those charges to your Pay Over Time balance, subject to your Pay Over Time Limit.

If the addition of a charge to your Pay Over Time balance would cause the total of your Pay Over Time, Cash Advance, and Plan balances to exceed your Pay Over Time Limit, we will move a portion of that charge to your Pay Over Time balance, up to your Pay Over Time Limit. The remaining portion of the charge will remain in your Pay In Full balance.

Eligible charges will be moved to your Pay Over Time balance in order of the transaction dates. Charges with the same transaction date will be added to your Pay Over Time balance in any order we choose.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid. However, we will not charge interest on charges added automatically to your Pay Over Time balance in a billing period if:

you paid the Account Total New Balance on your billing statement (if any) or Adjusted Balance (if you have an active plan created through Plan It) for each of the previous two billing periods in full by the Payment Due Date shown on each of those billing statements.

Qualifications & exceptions

• Requires the conditions stated in the text on the Closing Date; the list of conditions in the extracted text shows "1)" and "3)" and the middle condition ("Pay Over Time is set to active at 8 p.m. ET") appears without its "2)" marker.
• Movement is subject to the Pay Over Time Limit; a partial move is possible.
• Excluded charges are listed in the next card.

Not stated here

• The extracted text does not show a "2)" marker before "Pay Over Time is set to active at 8 p.m. ET"; the document does not say how the conditions are numbered beyond what appears.

Cross-references

• has exception (model-proposed): Charges with a foreign fee, certain disputes or fraud reports, a plan, or a suspended Account are not moved — The listed charges are not eligible to be moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date.

Charges & Financial Obligations · Restriction or exception

Charges with a foreign fee, certain disputes or fraud reports, a plan, or a suspended Account are not moved

A new charge, or a portion of one, will not be eligible to be moved to the Pay Over Time balance on the Closing Date if: it is subject to a Foreign Transaction Fee; it is disputed (for a reason other than fraud) and the dispute is not resolved in the billing period in which it was opened; it is reported as fraudulent and either American Express determined it is fraudulent in the billing period it posted, or has not yet determined this in that billing period; a Plan It plan was created for it; Pay Over Time is suspended; or the Account is cancelled or enrolled in a payment program.

Supporting quotations

A new charge, or a portion of a new charge, will not be eligible to be moved to your Pay Over Time balance on your Closing Date if:

that charge is subject to a Foreign Transaction Fee;

that charge or a portion of that charge is disputed (for a reason other than fraud) and that dispute is not resolved in the same billing period in which it was opened;

that charge or a portion of that charge is reported as fraudulent and either (i) we determined the charge is fraudulent in the same billing period in which it was posted to your Account, or (ii) we have not yet determined if the charge is fraudulent in the same billing period in which it was posted to your Account;

you created a plan for that charge using Plan It;

Pay Over Time is suspended on your Account; or

your Account is cancelled or enrolled in a payment program.

Qualifications & exceptions

• These exclusions apply to the Closing Date move; separate text covers charges added on the transaction date.
• Each listed item on its own makes the charge (or the affected portion) ineligible.

Not stated here

• "Payment program" is used without a definition in this document.

Cross-references

• exception to (model-proposed): On the Closing Date, eligible Pay In Full charges may be moved to the Pay Over Time balance, up to the limit — The listed charges are not eligible to be moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date.
• contrast (model-proposed): Foreign transaction fee is None — Part 1 states the Foreign Transaction fee as None, while other provisions treat charges "subject to a Foreign Transaction Fee" as excluded from the Closing Date move; the document does not reconcile these.

Account & Service Control · Restriction or exception

Some charges are not eligible for Pay Over Time, and American Express may suspend it and block turning it on

Certain charges, such as cash advances, are not eligible for Pay Over Time, and American Express may change the eligibility of other charges. It may suspend Pay Over Time at any time based on its assessment of your creditworthiness, the status of your Account and/or your enrollment in a payment program. If the Account is past due or Pay Over Time is suspended, you cannot change the setting from inactive to active.

Supporting quotations

Certain charges are not eligible for Pay Over Time, such as cash advances and we may change the eligibility of other charges for Pay Over Time.

We may suspend Pay Over Time at any time based on our assessment of your creditworthiness, the status of your Account, and/or your enrollment in a payment program.

In addition, if your Account is past due or Pay Over Time is suspended, you will not be able to change your Pay Over Time setting from inactive to active.

Qualifications & exceptions

• Suspension may occur "at any time" based on the factors named.
• The inability to switch to active applies when the Account is past due or Pay Over Time is suspended.

Not stated here

• The text does not say how a suspension is lifted.

Account & Service Control · Company commitment

Your Pay Over Time setting stays in effect if you move to a new Card with the same Account number

If you transfer to a new Card with the same Account number, the Pay Over Time setting at the time of transfer remains in effect on the new Card.

Supporting quotations

If you transfer to a new Card with the same Account number, your Pay Over Time setting at time of transfer will remain in effect on your new Card.

Qualifications & exceptions

• Applies when the new Card has the same Account number.

Account & Service Control · Company practice

Pay Over Time Travel adds eligible travel purchases even if Pay Over Time is inactive; cancelling is permanent

If the Account has the Pay Over Time Travel feature, American Express automatically adds eligible travel-related purchases to the Pay Over Time Travel balance, subject to the Pay Over Time Limit, whether the Pay Over Time setting is active or inactive. If you request to cancel the Pay Over Time Travel feature, you will not be able to re-enroll.

Supporting quotations

If you have the Pay Over Time Travel feature on your Account: we will automatically add eligible travel-related purchases to your Pay Over Time Travel balance subject to your Pay Over Time Limit regardless of whether your Pay Over Time setting is active or inactive.

If you request to cancel your Pay Over Time Travel feature, you will not be able to re-enroll.

Qualifications & exceptions

• Applies only if the Account has the Pay Over Time Travel feature.
• Subject to the Pay Over Time Limit.
• Cancelling the feature cannot be reversed by re-enrolling.

Not stated here

• "Eligible travel-related purchases" are not defined in this document, and it does not describe the Pay Over Time Travel balance or its interest rate.

Charges & Financial Obligations · Permission or license

Plan It may be offered: payment plans for qualifying purchases with a monthly fixed finance charge; no cancellation

American Express may offer Plan It, which allows you to create a payment plan for qualifying purchases subject to a plan fee. The fee is a fixed finance charge charged each month a plan is active. You use the feature by selecting qualifying purchases and a plan duration. A plan cannot be cancelled after it is created, though you may pay it early by paying the Account Total New Balance on your most recent billing statement in full.

Supporting quotations

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

You may use this feature by selecting qualifying purchases and a plan duration.

Plans cannot be cancelled after they have been created, but you can choose to pay them early by paying the Account Total New Balance shown on your most recent billing statement in full.

Qualifications & exceptions

• Plan It is offered at American Express's option ("We may offer you Plan It").
• Plans cannot be cancelled after creation; early payoff is by paying the Account Total New Balance in full.

Charges & Financial Obligations · Procedure

Plan It fee is based on the APR for the balance the purchase was in when the plan was created

You use Plan It by selecting qualifying purchases and a plan duration, and you can view the monthly plan payments, including the plan fee, for your selection. Each plan fee is disclosed before you create the plan. The fee is based on: the APR that would otherwise apply to the purchase for a purchase in the Pay Over Time balance; the APR that applies to the Pay Over Time feature at the time the plan is created for a purchase in the Pay In Full balance; or, for a purchase divided between the two balances because only part of it was moved to Pay Over Time on the Closing Date, the lower of those two APRs. The table row sets the plan fee at up to 1.33% per month of each purchase placed in a plan.

Supporting quotations

We may offer you Plan It, which allows you to create a payment plan for qualifying purchases subject to a plan fee.

You will be able to view the monthly plan payments, including the plan fee, for your selection. Each plan fee will be disclosed before you create the applicable plan.

If you create a plan for a purchase in your Pay Over Time balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that would otherwise apply to the purchase amount.

If you create a plan for a purchase that is in your Pay In Full balance, the purchase will be added to a plan balance and will be subject to a plan fee based on the APR that applies to the Pay Over Time feature at the time you create the plan.

the purchase will be added to a plan balance and will be subject to a plan fee based on either the APR that would otherwise apply (to the portion of the purchase that was in your Pay Over Time balance) or the APR that applies to the Pay Over Time feature at the time you create the plan, whichever is lower.

A monthly plan fee of up to 1.33% of each purchase placed in a plan

Qualifications & exceptions

• Which APR is the base depends on which balance the purchase (or part of it) was in.
• The fee is disclosed before the plan is created.

Not stated here

• The text does not give the plan fee percentage for any particular plan, only the table ceiling of up to 1.33%.

Charges & Financial Obligations · Restriction or exception

Qualifying purchases for Plan It: a minimum dollar amount; cash, foreign-fee purchases and fees do not qualify

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to American Express, such as Annual Fees.

Supporting quotations

A qualifying purchase for Plan It is a purchase of at least a specified dollar amount. Qualifying purchases do not include purchases of cash or cash equivalents, purchases subject to Foreign Transaction Fees, or any fee owed to us, such as Annual Fees.

Qualifications & exceptions

• The exclusions are stated as "do not include".

Not stated here

• The "specified dollar amount" is not stated in this public document.

Charges & Financial Obligations · Restriction or exception

Creating a Plan It plan depends on creditworthiness, your limit, Account status and American Express's discretion

Your ability to create plans is based on a variety of factors such as creditworthiness and the Pay Over Time Limit, and you may not be able to create a plan if it would cause you to exceed that limit. You cannot create plans if Pay Over Time is suspended or the Account is cancelled, or if one or more of your American Express Accounts is enrolled in a payment program, has a payment returned unpaid, or is past due. American Express will tell you how many active plans you may have and may change that number at any time. The plan durations offered, and whether you can include several qualifying purchases in one plan, are at its discretion based on factors such as creditworthiness, the purchase amounts and your Account history.

Supporting quotations

Your ability to create plans will be based on a variety of factors such as your creditworthiness and your Pay Over Time Limit. You may not be able to create a plan if it would cause you to exceed your Pay Over Time Limit.

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

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

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

Qualifications & exceptions

• The block on creating plans extends to other American Express Accounts that are in a payment program, returned a payment or are past due.
• Durations and multi-purchase plans are discretionary.

Not stated here

• The number of active plans allowed is not stated in this document.
• "Payment program" is not defined in this document.

Charges & Financial Obligations · User right or choice

A plan cannot be cancelled, but paying the Account Total New Balance in full ends future plan fees on it

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

Supporting quotations

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

Qualifications & exceptions

• Early payoff is done by paying the full Account Total New Balance on the most recent billing statement.

Charges & Financial Obligations · Restriction or exception

The Pay Over Time Limit caps the Pay Over Time, Cash Advance and Plan balances, is not a spending limit, and can change

If you have Pay Over Time, American Express assigns a Pay Over Time Limit to the Account, shown on page 1 of Part 1 and on each billing statement. The limit applies to the total of the Pay Over Time, Cash Advance and Plan balances, and the Pay Over Time balance cannot exceed it; a charge that would push it over is added to the Pay In Full balance. A delay in posting cash advances or plans may let the total temporarily exceed the limit. The limit is not a spending limit: American Express may approve or decline a charge whether the balance is above or below it. It may increase or reduce the limit at any time, even if you pay on time and the Account is not in default, and will tell you if it changes. All charges not added to a Pay Over Time, Cash Advance or Plan balance must be paid in full by the Payment Due Date.

Supporting quotations

you may carry a balance with interest, up to your Pay Over Time Limit.

If you have Pay Over Time, we assign a Pay Over Time Limit to your Account, which is shown on page 1 of Part 1 and on each billing statement. The Pay Over Time Limit applies to the total of your Pay Over Time, Cash Advance, and Plan balances. Your Pay Over Time balance cannot exceed your Pay Over Time Limit.

If the addition of a charge would cause your Pay Over Time balance to exceed your Pay Over Time Limit, that charge will be added to your Pay In Full balance.

When there is a delay in posting cash advances or plans to your Account, the total of your Pay Over Time, Cash Advance, and Plan balances may exceed your Pay Over Time Limit.

The Pay Over Time Limit is not a spending limit. We may approve or decline a charge regardless of whether your Card Account balance is greater or less than your Pay Over Time Limit.

We may increase or reduce your Pay Over Time Limit at any time. We may do so even if you pay on time and your Account is not in default. We will tell you if we change your Pay Over Time Limit.

You must pay in full, by the Payment Due Date, all charges that are not added to a Pay Over Time, Cash Advance, or Plan balance.

Qualifications & exceptions

• Applies only to Accounts with Pay Over Time.
• Changes are at American Express's discretion, with notice that it "will tell you".

Not stated here

• The limit amount is on page 1 of Part 1 and billing statements, which are not part of this public copy.
• The text does not say how or how soon notice of a change to the limit is given.

Cross-references

• referred to by (model-proposed): A cash advance may be declined if it would push balances over the Pay Over Time Limit — The cash advance approval limit in Part 1 relies on the Pay Over Time Limit that Part 2 describes.

Charges & Financial Obligations · Restriction or exception

You promise to pay all charges, including those made by Additional Card Members or others you permit

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

Supporting quotations

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

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

Qualifications & exceptions

• Covers charges made by Additional Card Members and by anyone you permit.
• Due amount depends on whether an Amount Due or a Minimum Payment Due applies.

Charges & Financial Obligations · Procedure

Payments must be in U.S. dollars by U.S. check, negotiable instrument, or electronic payment

Payments to American Express must be made in U.S. dollars with a single check drawn on a U.S. bank, a single negotiable instrument clearable through the U.S. banking system (for example a money order), or an electronic payment that can be cleared through the U.S. banking system.

Supporting quotations

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

a single check drawn on a U.S. bank, or

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

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

Qualifications & exceptions

• Each listed method is an alternative.

Charges & Financial Obligations · Procedure

Mail payments: one payment per Account, to the coupon address, with the Account number and coupon

When paying by mail, you should 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, and

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

Qualifications & exceptions

• These are the requirements for mailed payments.

Charges & Financial Obligations · Company practice

A compliant payment is credited the day received if on time; otherwise the next day, or delayed if non-compliant

If a payment meets the stated requirements, American Express credits it as of the day it is received, as long as it is received by the time and in the manner disclosed on the billing statement; if received after that time, it is credited the day after. If the payment does not meet the requirements, there may be a delay in crediting, 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 credit depends on receipt by the time and in the manner shown on the billing statement.

Not stated here

• The cut-off time is on the billing statement, not in this document.

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 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

• Applies to payments in foreign currency or from non-U.S. banks, and to late, partial or restrictively marked payments.

Charges & Financial Obligations · Procedure

Payments go first to the Pay In Full balance and plan amounts up to the minimum, then to higher-rate balances

Where the Account has balances with different interest rates, plan balances or plan fees, payments are generally applied as follows. Up to the Minimum Payment Due, payments go first to the Pay in Full New Balance, then to any plan amounts included in the Minimum Payment Due, then to the Pay Over Time and/or Cash Advance New Balance, starting with the balance with the lowest interest rate and then higher ones. After the Minimum Payment Due has been paid, payments go first to the Pay Over Time and/or Cash Advance balances with the highest interest rate, then lower rates, and then to any Plan balances.

Supporting quotations

If your Account has balances with different interest rates, plan balances, or plan fees, here is how we generally apply payments in a billing period:

We apply your payments – up to the Minimum Payment Due – first to the Pay in Full New Balance; then to any plan amounts included in your Minimum Payment Due; and then to the Pay Over Time and/or Cash Advance New Balance, first to the balance with the lowest interest rate and then to balances with higher interest rates.

After the Minimum Payment Due has been paid, we apply payments first to the Pay Over Time and/or Cash Advance balances with the highest interest rate and then to balances with lower interest rates, and then to any Plan balances.

Qualifications & exceptions

• Described as how payments are "generally" applied.
• The order differs for the portion up to the Minimum Payment Due and the portion above it.

Not stated here

• The text says "generally" and does not describe exceptions to this order.

Charges & Financial Obligations · Procedure

Credits usually go to the related charge balance; a credit for a plan purchase needs a call to be applied to the plan

In most cases, American Express applies a credit to the same balance as the related charge. It may apply payments and credits within balances, and among balances with the same interest rate, in any order it chooses. If any balance is negative at the end of a billing period, the excess credit is redistributed to other balances under the payment-application order, which in some circumstances means plan balances may be paid before they otherwise would. If you receive a credit for a purchase added to 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. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose.

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

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

Qualifications & exceptions

• "In most cases" for matching the credit to the related charge.
• The plan-credit step requires a call from you.

Not stated here

• The text does not say what happens if you do not call about a plan credit.

Charges & Financial Obligations · Procedure

Interest is figured separately on each balance with the Average Daily Balance method, including new transactions

American Express calculates interest for a billing period by first figuring the interest on each balance. Balances within Pay Over Time and Cash Advance balances may have different interest rates. It uses the Average Daily Balance method (including new transactions) for each balance, and the total interest for a billing period is the sum of the interest charged on each balance.

Supporting quotations

We calculate interest for a billing period by first figuring the interest on each balance. Balances within the Pay Over Time feature and Cash Advance balances may have different interest rates. We use the Average Daily Balance method (including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance.

Qualifications & exceptions

• Interest is computed per balance, then summed.

Charges & Financial Obligations · Procedure

Interest for a balance is ADB times DPR times days; a DPR is 1/365th of an APR

The interest charged for a balance in a billing period, except for variations caused by rounding, equals the Average Daily Balance multiplied by the Daily Periodic Rate multiplied by the number of days in the billing period. To get the ADB for a balance, American Express adds up its daily balances and divides by the number of days in the billing period. A DPR is 1/365th of an APR, rounded to one ten-thousandth of a percentage point.

Supporting quotations

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.

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.

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

Qualifications & exceptions

• Equality holds "except for variations caused by rounding".

Cross-references

• referred to by (model-proposed): The agreement says the DPRs are shown in Part 1, but this public copy lists no Daily Periodic Rate values — The reference to DPRs shown in Part 1 relies on the DPR definition and the interest formula in Part 2, but the public Part 1 shows no DPR values.

Charges & Financial Obligations · Context

The agreement says the DPRs are shown in Part 1, but this public copy lists no Daily Periodic Rate values

Part 2 states "Your DPRs are shown in How Rates and Fees Work in Part 1." The public Part 1 does not list any Daily Periodic Rate. Its How Rates and Fees Work section holds the Explanation of Variable Rates, Determining the Prime Rate, and fee and limit descriptions, and the Rates and Fees Table gives APRs as the Prime Rate plus a margin (some as a range) with no DPR values. So the DPR values for this Account are not shown in the published agreement.

Supporting quotations

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

Qualifications & exceptions

• The reference points to a Part 1 passage that this public copy does not contain.
• The DPR is defined in Part 2 as 1/365th of an APR, but that definition is not applied here to produce values.

Not stated here

• The published agreement does not show the DPRs. No DPR values are computed here from the APRs and none are taken from another agreement or from a Card Member's personal Part 1.

Cross-references

• refers to (model-proposed): Interest for a balance is ADB times DPR times days; a DPR is 1/365th of an APR — The reference to DPRs shown in Part 1 relies on the DPR definition and the interest formula in Part 2, but the public Part 1 shows no DPR values.

Charges & Financial Obligations · Context

Worked example: at a single 15.99% rate, $2,250 ADB and 30 days, the DPR is 0.0438% and interest is $29.57

The agreement illustrates the formula by assuming a single interest rate of 15.99%, an ADB of $2,250 and 30 days in the billing period. The DPR is 15.99% divided by 365 days, which equals 0.0438%, and the interest is $2,250 multiplied by 0.0438% multiplied by 30 days, which equals $29.57.

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

• An assumed illustration; the 15.99% rate is the example's assumption.

Not stated here

• The example's 15.99% does not correspond to a rate stated for this Account elsewhere in the public copy.

Charges & Financial Obligations · Procedure

Daily balance: beginning balance plus new charges minus payments and credits; negative balances count as zero

American Express figures the daily balance for each balance by taking the beginning balance for the day, adding any new charges, subtracting any payments or credits, and making any appropriate adjustments. A new charge is added to a daily balance as of its transaction date, except charges automatically moved from the Pay In Full balance to the Pay Over Time balance on the Closing Date, which are added as of the day after they are moved. If the daily balance is negative, it is treated as zero.

Supporting quotations

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

taking the beginning balance for the day,

adding any new charges,

subtracting any payments or credits; and

making any appropriate adjustments.

We add a new charge to a daily balance as of its transaction date, except for charges automatically moved from your Pay In Full balance to your Pay Over Time balance on your Closing Date, which we add to a daily balance as of the day after they are moved to your Pay Over Time balance. If the daily balance is negative, we treat it as zero.

we charge interest from the day after they are added to your Pay Over Time balance until they are paid.

Qualifications & exceptions

• Moved charges are added to the daily balance the day after the move, matching when their interest starts.
• A negative daily balance is treated as zero.

Not stated here

• The text does not say what "appropriate adjustments" are.

Charges & Financial Obligations · Company practice

Interest compounds daily: each day's balance adds the prior day's interest

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 period, the beginning balance is the previous day's daily balance plus interest equal to the previous day's daily balance multiplied by the DPR for that balance. The agreement states that this method of figuring the beginning balance results in daily compounding of interest.

Supporting quotations

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

• Applies to each balance on which interest is charged.

Charges & Financial Obligations · Permission or license

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

To figure the ADB and interest charges, American Express may use other formulas or methods that produce equivalent results. It also says it may 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 must "produce equivalent results".

Not stated here

• The text does not say which types of charges might not be charged interest.

Legal Rights & Agreement Rules · User right or choice

Military Lending Act: a 36% annual percentage rate cap, including certain fees, applies to covered Armed Forces members

The agreement says federal law gives members of the Armed Forces and their dependents protections in 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. That rate must include, as applicable, credit insurance premium costs, fees for ancillary products sold in connection with the credit, any application fee (other than certain ones) and any participation fee (other than certain participation fees for a credit card account).

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).

Qualifications & exceptions

• Applies to members of the Armed Forces and their dependents.
• "In general" and "as applicable" qualify the cap and the cost components.

Not stated here

• The text does not say how the 36% rate is applied to this Account's specific APRs and fees.

Legal Rights & Agreement Rules · Restriction or exception

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

You can listen to the Military Lending Act statement above, together with a description of your payment obligation for this Account, by calling 855-531-0379. If you are a covered borrower under the Military Lending Act, the Arbitration provision of the Claims Resolution section will not apply to you in connection with this Account. However, if you elect arbitration, American Express will comply with its obligations under the Claims Resolution section.

Supporting quotations

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

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

Qualifications & exceptions

• Applies to a covered borrower under the Military Lending Act in connection with this Account.
• If the covered borrower elects arbitration, American Express states it will comply with its obligations under the Claims Resolution section.

Not stated here

• The text does not say who is a "covered borrower" beyond referring to the Military Lending Act.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — The Military Lending Act paragraph says the Arbitration provision does not apply to a covered borrower, while stating that American Express will comply with its obligations if that borrower elects arbitration.

Account & Service Control · Permission or license

Additional Card Members can use your Account under the agreement, and their use may be reported to credit bureaus

American Express may issue Additional Cards on the Account at your request. Additional Card Members can use the Account subject to the terms of the agreement, and American Express may report their use of the Account to credit reporting agencies. If an Annual Fee applies to Additional Cards, the text says it is shown on page 2 of Part 1.

Supporting quotations

We may issue Additional Cards on your Account at your request.

Additional Card Members can use your Account subject to the terms of this Agreement and we may report their use of your Account to credit reporting agencies.

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

You may request Additional Cards (which include Companion Cards, if available) for Additional Card Members.

Qualifications & exceptions

• Additional Cards are issued "at your request".
• Reporting of use to credit reporting agencies is permitted ("may").

Not stated here

• This stored text does not mark page numbers; the Part 1 fee detail separately states the Additional Card annual fee.

Account & Service Control · Company practice

You are responsible for all use by Additional Card Members, who may get Account information; refunds point to Part 3

You are responsible for all use of the 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. To cancel an Additional Card Member's ability to use the Account, you contact American Express. If an Annual Fee applies for an Additional Card, the text refers to the refund policy 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. The Part 3 refund text is written about closing the Account: a fee is refunded if you voluntarily close the Account within 30 days after the Closing Date of the statement on which the fee appears, and is non-refundable after that, with an exception for a billing address in Massachusetts.

Supporting quotations

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

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

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

Closing or suspending your Account: We may, at any time and for any reason: cancel your Account, suspend your ability to make charges, or cancel or suspend any feature on your Account.

If an Annual Fee applies, we will refund this fee if you notify us that you are voluntarily closing your Account within 30 days after the Closing Date of the billing statement on which that fee appears. For cancellations after this 30-day period, the Annual Fee is non-refundable. If your billing address is in the Commonwealth of Massachusetts at the time you close your Account, this policy will not apply to you.

Qualifications & exceptions

• Responsibility covers anyone an Additional Card Member allows to use the Account.
• The refund policy is conditioned on voluntary closing within 30 days after the Closing Date of the billing statement on which the fee appears; not applicable if the billing address is in the Commonwealth of Massachusetts at closing.

Not stated here

• The Part 3 refund text speaks of closing the Account; the document does not separately state terms for cancelling only an Additional Card beyond the Part 2 reference to it.
• The text does not say how quickly a cancellation of an Additional Card Member's ability takes effect.

Legal Rights & Agreement Rules · Procedure

Notices are sent 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. It considers a notice given when it mails it or delivers it electronically, not when you receive or read it.

Supporting quotations

How we may contact you:

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

• Notice is "given" at mailing or electronic delivery.

Not stated here

• The text does not say how contact information in its records is kept current beyond the separate duty to notify it of changes.

Use & Processing · Permission or license

You authorize American Express, its affiliates, agents and contractors to contact you by any means, incl. autodialers

If American Express needs to contact you to service the 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, such as calling, texting, emailing, sending mobile application push notifications or any other method permitted by law, including through an automated dialer or prerecorded messages and on a mobile, wireless or similar device, even if you are charged for it.

Supporting quotations

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

We may contact you in any way, such as calling, texting, emailing, sending mobile application push notifications or using any other method of communication permitted by law.

We may contact you using an automated dialer or prerecorded messages. We may contact you on a mobile, wireless or similar device, even if you are charged for it.

Qualifications & exceptions

• Applies when contact is needed to service the Account or to collect amounts you owe.
• Methods are limited to those "permitted by law".

Not stated here

• The text does not give a way to limit these contacts or revoke the authorization.

Data Access & Collection · Company practice

Calls between you and American Express may be monitored and recorded

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

Supporting quotations

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

Qualifications & exceptions

• Covers any calls between you and American Express.

Not stated here

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

Account & Service Control · Restriction or exception

You must notify American Express immediately of address, email or phone changes, once per 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. It may update your billing address if it receives information that the address 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

• Separate notice is needed for each Account.

Not stated here

• The text does not say where the information that updates the billing address may come from.

Legal Rights & Agreement Rules · Restriction or exception

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

If you dispute a charge with a merchant, American Express may credit the Account for all or part of the disputed charge. If it does, you assign and transfer to 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 to cooperate with American Express if it decides to pursue it.

Supporting quotations

If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.

You agree that you will not pursue any claim against the merchant for the credited amount and you will cooperate with us if we decide to do so.

Qualifications & exceptions

• Applies when American Express credits all or part of a disputed charge.
• The assignment excludes tort claims.
• Your agreement not to pursue the merchant covers the credited amount.

Not stated here

• The text does not say when or whether American Express will credit a disputed charge.

Data Access & Collection · Permission or license

You agree American Express will obtain credit reports and other information and may use it for any purpose

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

Supporting quotations

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

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

Qualifications & exceptions

• Use of the information is "subject to applicable law".
• The examples of purposes are introduced by "for example".

Not stated here

• The text does not name the "other sources" of information.

Sharing & Disclosure · Company practice

American Express reports Account information to credit bureaus, including non-compliance; report errors by writing

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 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, and tell it the specific information you believe is incorrect.

Supporting quotations

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

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

Qualifications & exceptions

• Correction requests are made in writing and must identify the specific information believed incorrect.

Account & Service Control · Restriction or exception

American Express may treat the Account as in default for violations, false information, bankruptcy or inability to pay

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

Supporting quotations

Default: We may consider your Account to be in default if:

you violate a provision of this Agreement,

you give us false information,

you file for bankruptcy,

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

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

Qualifications & exceptions

• "May consider" leaves the decision to American Express.
• The last trigger rests on what American Express "believes".

Not stated here

• The first trigger refers to "this Agreement", the Card Member Agreement itself; it is not a separate linked document, and no other document text is supplied here.
• The text does not define "unable or unwilling to pay your debts when due" beyond what American Express believes.

Account & Service Control · Restriction or exception

After default, incapacity or death, American Express may suspend charges, cancel features and demand immediate payment

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 the Account, require you to pay more than your Minimum Payment Due immediately, and require you to pay the Account balance immediately.

Supporting quotations

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

suspend your ability to make charges,

cancel or suspend any feature on your Account,

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

require you to pay your Account balance immediately.

Qualifications & exceptions

• Applies to default, incapacity or death.
• Limited "to the extent permitted by federal and applicable state law".

Not stated here

• The text does not say whether notice or a cure period is given before these steps.

Charges & Financial Obligations · Restriction or exception

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

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

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.

Account & Service Control · Permission or license

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

American Express may, at any time and for any reason, cancel the Account, suspend your ability to make charges, or cancel or suspend any feature on the Account. If it does, you must still pay for all charges under the agreement. It may agree to reinstate the Account or any Additional Cards, and charge 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, or cancel or suspend any feature on your Account. If we do any of these, you must still pay us for all charges under the terms of this Agreement.

We may agree to reinstate your Account, reinstate any Additional Cards issued on your Account, and charge you any applicable annual fees and a fee to reinstate the Account.

Qualifications & exceptions

• "At any time and for any reason" is stated without conditions.
• Reinstatement is optional ("may agree").

Not stated here

• The reinstatement fee amount is not stated in this passage; the Part 1 fee detail lists a $25 re-opening fee.

Account & Service Control · User right or choice

You may close the Account by calling or writing; the Annual Fee is refunded only if you close within 30 days

You may close the Account by calling or writing to American Express. If an Annual Fee applies, it refunds the fee if you notify it that you are voluntarily closing the Account within 30 days after the Closing Date of the billing statement on which the fee appears. For cancellations after those 30 days, the Annual Fee is non-refundable. This refund policy does not apply to you if your billing address is in the Commonwealth of Massachusetts at the time you close the Account. If the Account is cancelled and re-opened at your request, American Express may charge a $25 fee.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• Refund requires voluntary closing and notice within 30 days after the Closing Date of the statement on which the fee appears.
• Massachusetts billing address exception.

Not stated here

• Part 1 lists the re-opening fee as "$25 if your Account is cancelled, you ask us to re-open it, and we do so", while this passage says it "may" charge $25; the document does not say whether the fee is ever waived.

Cross-references

• contrast (model-proposed): Account re-opening fee is $25 if a cancelled Account is re-opened at your request — Part 1 states the re-opening fee as $25 when an Account is cancelled, re-opened at your request and American Express does so, while Part 3 says American Express "may charge" $25; the document does not say whether the fee is ever waived.
• referred to by (model-proposed): Additional cards: no annual fee for the first 5, then $35 for each additional card — The Additional Card annual fee points to the refund policy in the Closing or suspending your Account sub-section of Part 3.

Use & Processing · Permission or license

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

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

Supporting quotations

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

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 "as soon as the same day".

Not stated here

• The text does not say which circumstances lead American Express to process the payment as a check transaction.

Charges & Financial Obligations · Company practice

Foreign currency charges are converted to U.S. dollars by AEEML at a rate no higher than the stated ceiling

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 conversion rate acceptable to American Express for that date. The rate is no more than the highest official rate published by a government agency or the highest interbank rate AEEML identifies from customary banking sources on the conversion date or the prior business day. The rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) are billed at the rates they use.

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 American Express or its agents process the charge.
• The rate is subject to a ceiling ("no more than the highest official rate ... or the highest interbank rate").
• A rate required by law takes precedence.

Not stated here

• The text gives only a ceiling and does not state the actual conversion rate or any markup. Part 1 separately states a Foreign Transaction fee of None.

Data Access & Collection · Company practice

Federal agency charges: charge information is collected for routine uses, including aggregated marketing use

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 made at federal agencies that accept the Card.
• Described as "routine uses", with aggregated use for reporting, analysis and marketing.

Not stated here

• The text does not list the "certain charge information" collected or the other routine uses by agencies, which it says may be in the Federal Register.

Sharing & Disclosure · Company practice

Affiliates may market insurance and other products to you for compensation, and information about you may be shared

American Express or its affiliates may tell you about insurance and non-insurance products, services or features that may have a fee (the sentence is split across two text blocks in the stored text). One of its affiliates may act on behalf of a provider of these products and may be compensated for this. The insurance products are not offered or sold by American Express or on its behalf. Affiliates may get additional compensation when AMEX Assurance Company or another affiliate is the insurer or reinsurer, and compensation may influence what products and providers American Express or its affiliates tell you about. American Express may share information about you with affiliates so they can identify products that may interest you, and may be compensated for this information. Elsewhere you agree American Express may use credit and other information about you for any purposes, such as marketing to you, subject to applicable law.

Supporting quotations

Insurance products: We or our affiliates may tell you about insurance and non-insurance products, services or features that may have a

fee. One of our affiliates may act on behalf of a provider of these products. The affiliate may be compensated for this. The insurance products are not offered or sold by us or on our behalf.

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

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.

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

• Sharing with affiliates is stated as something American Express "may" do.
• Compensation to American Express and affiliates may influence which products and providers are mentioned.

Not stated here

• The text does not identify the affiliates or the specific information shared with them, and does not give a way to decline the sharing described here.

Account & Service Control · Permission or license

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

American Express has the right to add, modify or remove any benefit, feature or service included with or related to the 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

• Applies to any benefit, feature or service "included with or related to" the Account.
• Exercised "at our discretion".

Not stated here

• The text does not say whether notice is given before a benefit is changed or removed.

Account & Service Control · Permission or license

American Express may sell or assign the agreement and Account without notice; you may not

American Express may sell, transfer or assign the agreement and the Account, and may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under the agreement.

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.

Qualifications & exceptions

• American Express may assign "at any time without notifying you".
• The restriction on transfer applies to you.

Legal Rights & Agreement Rules · Restriction or exception

Delaying or not enforcing a right does not waive American Express's rights on other occasions

American Express may choose to delay enforcing, or not exercise, its rights under the agreement. If it does, it does not waive its rights to exercise or enforce them on any other occasion.

Supporting quotations

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

Qualifications & exceptions

• Applies to rights under the agreement.

Legal Rights & Agreement Rules · Context

Utah and federal law govern the agreement; a Maryland billing address brings an election under Maryland law

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

• Maryland election applies when the Account has a Maryland billing address, "to the extent, if any, that Maryland law applies".

Not stated here

• The text does not say which provisions Maryland law might change if it applies.

Legal Rights & Agreement Rules · Context

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

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

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.

Not stated here

• The text does not say how this notice changes the interest and fee terms elsewhere in the agreement.

Charges & Financial Obligations · User right or choice

Washington notice: no interest owed that results solely from a late-posted credit, as the notice describes

The Notice for residents of Washington State cites the Revised Code of Washington Statutes, Section 63.14.167 and says you are not responsible for payment of interest charges that result solely from a merchant's failure to transmit to American Express within seven working days a credit for goods or services accepted for return or forgiven, if you have notified American Express of the merchant's delay in posting the credit, or from American Express's failure to post the credit to the Account within three working days of receiving it.

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

• Addressed to residents of Washington State.
• The notice says "if you have notified us of the merchant's delay in posting such credit", then separately names American Express's own failure to post the credit.
• Covers interest charges that result solely from the stated delays.

Not stated here

• The cited statute is named but its text is not supplied here, and its meaning is not interpreted beyond what the notice states.
• The sentence does not make clear whether the condition "if you have notified us" also applies to American Express's own failure to post the credit within three working days.

Legal Rights & Agreement Rules · Procedure

Call Customer Service first; unresolved claims go to mediation, arbitration or litigation; you may reject arbitration

Most concerns can be resolved by calling Customer Service at the number on the back of the Card. If Customer Service cannot resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation, and it includes an arbitration provision. You may reject the arbitration provision by sending American Express written notice within 45 days after your first Card purchase, as explained under Your Right to Reject Arbitration.

Supporting quotations

Claims Resolution

Most customer concerns can be resolved by calling our Customer Service Department at the number listed on the back of your Card.

In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. It includes an arbitration provision.

You may reject the arbitration provision by sending us written notice within 45 days after your first Card purchase. See Your Right to Reject Arbitration below.

Qualifications & exceptions

• The 45-day period runs from your first Card purchase.
• Rejection must follow the notice requirements in the rejection section.

Not stated here

• The text does not say what a covered borrower under the Military Lending Act or other exceptions mean for the steps described here; those exceptions are explained in the arbitration cards.

Legal Rights & Agreement Rules · Context

In this section "you and us" includes parents, subsidiaries, affiliates and related persons or entities

For the Claims Resolution section, "you and us" includes any corporate parents, subsidiaries, affiliates or related persons or entities. This extends the section to those related parties on either side.

Supporting quotations

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

Qualifications & exceptions

• Applies only to this Claims Resolution section.

Not stated here

• The text does not list the affiliates or related persons covered.

Legal Rights & Agreement Rules · Context

"Claim" covers nearly any dispute relating to your Account or relationship with American Express, with listed examples

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

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 list uses "includes but is not limited to", so it is not exhaustive.
• The validity, enforceability or scope of the Arbitration provision is carved out of the definition.

Not stated here

• The text does not say who decides questions about the validity, enforceability or scope of the Arbitration provision.

Legal Rights & Agreement Rules · Procedure

Before a lawsuit, mediation or arbitration, a written claim notice describing the claim and the relief demanded is sent

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

Supporting quotations

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

The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address.

Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005.

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

Qualifications & exceptions

• Applies before a lawsuit, mediation or arbitration.
• The claim notice must describe the claim and state the specific relief demanded.

Not stated here

• The sample claim notice at the referenced web address is not supplied in this document.
• The text does not say how long the parties must wait after the notice before beginning a lawsuit.

Legal Rights & Agreement Rules · Procedure

Within 30 days of a claim notice, either side may submit the claim to JAMS or AAA mediation; American Express pays

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

Supporting quotations

In mediation, a neutral mediator helps parties resolve a claim. The mediator does not decide the claim but helps parties reach agreement.

Within 30 days after sending or receiving a claim notice, you or we may submit the claim to JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778- 7879, adr.org) for mediation. We will pay the fees of the mediator.

Qualifications & exceptions

• The 30-day window runs from sending or receiving a claim notice.
• Submission to mediation is optional ("may").

Not stated here

• The text states American Express pays the fees of the mediator and does not mention other costs of mediation.

Legal Rights & Agreement Rules · Procedure

Mediation is confidential, pauses limitation periods, can end at any time, and does not affect the right to arbitrate

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 terminates. Either you or American Express may terminate the mediation at any time. Submitting, or failing to submit, a claim to mediation does not affect either party'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, ending court and jury rights for that claim, subject to stated exceptions

You or American Express may elect to resolve any claim by individual arbitration, decided by a neutral arbitrator. If arbitration is chosen by any party, neither side has the right to litigate that claim in court or have a jury trial on it, nor to participate in a representative capacity or as a class member. Procedures are generally simpler than in court and discovery is more limited. The arbitrator's authority is limited to claims between you and American Express alone, claims may not be joined or consolidated unless both agree in writing, and an award applies only to the specific case. The arbitrator's decisions are as enforceable as a court order and subject to very limited court review; the decision is final and binding except as the text sets out below, and other rights available in court may not be available in arbitration. Exceptions stated elsewhere in the agreement: American Express will not elect arbitration for a claim you file in small claims court if the claim is individual and pending only in that court; you may reject the arbitration provision within 45 days after your first Card purchase by following the rejection notice requirements; a covered borrower under the Military Lending Act is not subject to the Arbitration provision, though if that borrower elects arbitration American Express states it will comply with its obligations; and either party may appeal an award by notifying within 35 days to have a three-arbitrator panel decide anew.

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.

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

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

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

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

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.

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.

Qualifications & exceptions

• Applies to any claim that either side elects to arbitrate.
• Not available to American Express for an individual claim you file and keep pending only in small claims court.
• Does not apply if you validly reject it within 45 days after your first Card purchase, or if you are a covered borrower under the Military Lending Act.
• The arbitrator's decision is final and binding "except as set forth below", including the appeal described in the Arbitration Procedures.

Not stated here

• The text does not say what "very limited review" covers beyond the appeal right and the FAA challenge it mentions.

Cross-references

• has exception (model-proposed): Military Lending Act covered borrowers are not subject to the arbitration provision, but may elect arbitration — The Military Lending Act paragraph says the Arbitration provision does not apply to a covered borrower, while stating that American Express will comply with its obligations if that borrower elects arbitration.
• has exception (model-proposed): American Express will not elect arbitration for an individual claim you file and keep only in small claims court — American Express will not elect arbitration for an individual claim you file and keep only in small claims court, which carves that situation out of the general election right and its loss of court and jury rights.
• qualified by (model-proposed): Arbitration is individual only; if that limit is found invalid, the whole Arbitration provision falls away — Arbitration proceeds only on an individual basis, and if that limitation is found invalid the whole Arbitration provision falls away.
• qualified by (model-proposed): An arbitration award is final and binding unless appealed in writing within 35 days to a three-arbitrator panel — The general statement that the arbitrator's decision is final and binding is qualified by the appeal right described in the Arbitration Procedures.
• has exception (model-proposed): You can reject arbitration by a signed written notice mailed within 45 days after your first Card purchase — A timely, signed rejection notice means the Arbitration provision does not apply to you, which is an exit from the general arbitration election described elsewhere.

Legal Rights & Agreement Rules · Procedure

To start arbitration, send a claim notice first; the claim goes to JAMS or the AAA as chosen by the electing party

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

Supporting quotations

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

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

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

Qualifications & exceptions

• The selected organization's rules apply "except where those rules conflict with this Agreement".
• A claim notice must be sent first.

Not stated here

• The cited Federal Arbitration Act provision is named but its text is not supplied here and is not interpreted.
• The text does not say which organization is used if the party electing arbitration is you and you do not choose.

Legal Rights & Agreement Rules · Restriction or exception

American Express will not elect arbitration for an individual claim you file and keep only in small claims court

If arbitration is chosen by any party, the right to litigate that claim in court or have a jury trial ends. The exception stated here is that American Express will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court.

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.

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.

Qualifications & exceptions

• Applies to a claim you file in small claims court that is individual and pending only in that court.
• The statement is about what American Express will not do; it does not say whether you may elect arbitration of such a claim.

Not stated here

• The text does not say what happens to a small claims case if the claim is moved to another court or the claim stops being individual.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — American Express will not elect arbitration for an individual claim you file and keep only in small claims court, which carves that situation out of the general election right and its loss of court and jury rights.

Legal Rights & Agreement Rules · Permission or license

Arbitration can be elected until trial begins or final judgment is entered, and delay does not waive the right

Except for the small claims exception, either 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 party 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. Submitting or not submitting a claim to mediation does not affect the right to elect arbitration.

Supporting quotations

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.

The submission or failure to submit a claim to mediation will not affect your or our right to elect arbitration.

We do not waive our rights: We may choose to delay enforcing or to not exercise rights under this Agreement.

Qualifications & exceptions

• The election window closes once a case in court has begun trial or reached final judgment.
• Non-waiver language covers delay or not exercising rights under the Arbitration provision.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is individual only; if that limit is found invalid, the whole Arbitration provision falls away

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

Supporting quotations

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

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

Qualifications & exceptions

• Applies to any claim a party elects to arbitrate.
• The fallback applies "notwithstanding any other provision".

Not stated here

• The text does not say what court or arbitrator decides whether a limitation is invalid or unenforceable.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — Arbitration proceeds only on an individual basis, and if that limitation is found invalid the whole Arbitration provision falls away.

Legal Rights & Agreement Rules · Procedure

The FAA governs arbitration; the arbitrator applies substantive law but not court procedure or evidence rules

The Arbitration provision is governed by the FAA. The arbitrator applies applicable substantive law, statutes of limitations and privileges, but does 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. Claims are resolved under the selected organization's rules except where they conflict with the agreement.

Supporting quotations

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

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

except where those rules conflict with this Agreement.

Qualifications & exceptions

• The arbitrator's relief is subject to the Limitations on Arbitration.

Not stated here

• The FAA is named but its text is not supplied here and is not interpreted.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is confidential, though either side may notify a government authority of the claim

You and American Express agree the arbitration will be confidential, and agree not to disclose the content of the arbitration proceeding or its outcome to anyone. Either side may notify any government authority of the claim as permitted or required by law.

Supporting quotations

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

Qualifications & exceptions

• Notice to a government authority is allowed "as permitted or required by law".

Not stated here

• The text does not say whether you may tell others about your own experience of the arbitration.

Legal Rights & Agreement Rules · User right or choice

For claims of $10,000 or less you choose a documents, telephone or in-person hearing; a written explanation is available

If your claim is for $10,000 or less, you may choose whether the arbitration is conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. At any party's request, the arbitrator provides a brief written explanation of the award. At your election, arbitration hearings take place in the federal judicial district of your residence.

Supporting quotations

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in- person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award.

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

Qualifications & exceptions

• The format choice applies to claims of $10,000 or less.
• The explanation is provided at any party's request.

Legal Rights & Agreement Rules · Procedure

An arbitration award is final and binding unless appealed in writing within 35 days to a three-arbitrator panel

The arbitrator's award is final and binding, subject to each party's right to appeal as stated in the section and/or to challenge or appeal an 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 award is issued. The organization appoints a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to, and the appeal otherwise proceeds under the organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction.

Supporting quotations

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

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

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

Qualifications & exceptions

• The 35 days run from the date the arbitrator's award is issued.
• The panel decides "anew" any aspect objected to, based on written submissions.

Not stated here

• The organization's appellate rules are not supplied here.
• The FAA is named but its text is not supplied here and is not interpreted.

Cross-references

• qualifies (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — The general statement that the arbitrator's decision is final and binding is qualified by the appeal right described in the Arbitration Procedures.

Legal Rights & Agreement Rules · Company commitment

You pay arbitration fees only up to the court filing fee; American Express pays the rest and may advance your share

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 the 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 the fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Supporting quotations

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

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

Qualifications & exceptions

• Your share is capped at what the court filing fee would have been.
• The advance and expert-fee payment depend on your written request and American Express's good-faith consideration.

Not stated here

• The court filing fee amount is not stated in the document.

Legal Rights & Agreement Rules · Company commitment

If the award beats American Express's final offer, it is at least $5,000 plus attorneys' 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 includes any money to which you are entitled, but in no case less than $5,000, and any reasonable attorneys' fees, costs and expert and other witness fees.

Supporting quotations

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

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

Qualifications & exceptions

• Applies only when the award is greater than American Express's final offer before the final hearing.
• The $5,000 is a minimum for the money portion.

Not stated here

• The text does not say how a "final offer" is identified.

Legal Rights & Agreement Rules · User right or choice

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

To reject the Arbitration provision, you send a written rejection notice to American Express, P.O. Box 981556, El Paso, TX 79998 (a sample is at americanexpress.com/reject). It must be mailed within 45 days after your first Card purchase, must state that you reject the Arbitration provision, and must include your name, address, Account number and personal signature; no one else may sign it. If it complies, the Arbitration provision and any other arbitration provisions in the Card Member Agreements for your other currently open American Express Accounts will not apply to you, except for Corporate Card Accounts and any claims subject to pending litigation or arbitration when you send the notice. Rejection does not affect your other rights or responsibilities under the Claims Resolution section or the agreement, or your ability to use your Card or other benefits, products or services.

Supporting quotations

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

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

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

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

Qualifications & exceptions

• The notice must be mailed within 45 days after your first Card purchase.
• The notice must be signed personally by you.
• Corporate Card Accounts and claims already in pending litigation or arbitration are excluded from the effect.

Not stated here

• The sample rejection notice at the referenced web address is not supplied in this document.

Cross-references

• exception to (model-proposed): Either side may elect individual arbitration, ending court and jury rights for that claim, subject to stated exceptions — A timely, signed rejection notice means the Arbitration provision does not apply to you, which is an exit from the general arbitration election described elsewhere.

Legal Rights & Agreement Rules · Context

The Claims Resolution section survives termination, payment, collection actions, bankruptcy and sale of the Account

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

Supporting quotations

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 severability clause has an exception for the Limitations on Arbitration subsection.