Clause database · Banks, cards, and credit bureaus
American Express National Bank
Card Member Agreement
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
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.
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
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.
Fee or cost shifting against the consumer
Reviewed category: one-way-collection-or-enforcement-costs
Collection costs: You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe.
Pre-filing requirement
Reviewed category: notice-required
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.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
Claims may not be joined or consolidated unless you and we agree in writing.
Small-claims carve-out
Reviewed category: available-standard-carve-out
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.
Opt-out
Reviewed category: general-with-window
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.
Unilateral modification
Reviewed category: change-right-mechanism-unstated
Changing the Agreement: We may change this Agreement, subject to applicable law.
Scope
Reviewed category: survives-sale-binds-buyer
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).
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
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.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator ... applicable substantive law, statutes of limitations and privileges.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
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.
Counsel or representation restrictions
Reviewed category: no-agent-opt-out
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.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.