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Filing # 99653990 E-Filed 12/02/2019 03:47:22 PM
IN THE CIRCUIT COURT
14TH JUDICIAL CIRCUIT, IN AND FOR
BAY COUNTY, FLORIDA
AMERICAN EXPRESS NATIONAL BANK
Plaintiff CASE NO. 19004388CA
vs. DIVISION:
DARRELL FLEMING
Defendant(s).
/
COMPLAINT
Plaintiff(s), AMERICAN EXPRESS NATIONAL BANK, (American Express) by its
attorneys, sues defendant(s) DARRELL FLEMING (“FLEMING”) and hereby allege(s) as follows:
GENERAL ALLEGATIONS
AMERICAN EXPRESS NATIONAL BANK! (American Express) is a national bank
under the laws of the United States of America with its office located at 4315 S. 2700 West Lake
City, Utah, 84184 (hereinafter singularly or collectively referenced as “American Express”).
1. This is an action for damages that does exceed $15,000.00.
2. Upon information and belief, Fleming was and is at all relevant times an individual
residing in Bay County in the State of Florida, at 124 Rusty Gans Drive, Panama City Beach,
Florida 32408.
' Qn April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank. See,
hitps:/;www.oce reas. gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions-jan-2018,html, See also, 12 U.S.C.
§ 35; 12 CFR 5.24,The Facts
3. At all relevant times, Fleming, was the holder of a(n) American Express Blue from
American Express that enabled him/her to charge items to a(n) American Express Blue from
American Express account (account no. 4003) (the “Account”).
4. At all relevant times, Fleming was the basic card member on the Account and thus is
responsible for paying all amounts charged to the Blue from American Express Account.
5. By accepting and using the Blue from American Express, Fleming agreed to all of the
terms and conditions set forth in the “Agreement Between American Express Credit Cardmember
and American Express Centurion Bank” (the “Cardmember Agreement”). The Cardmember
Agreement was provided to Fleming with the Blue from American Express. A copy of the
cardmember agreement is attached hereto and made a part hereof as Exhibit “A”.
6. The terms and conditions of the Cardmember Agreement, include the following:
a. to pay all amounts charged to the Account by either Fleming or any additional
cardmember or additional account user Card;
b. to pay finance charges on unpaid balances;
c. to pay the “Minimum Amount Due” by the due date indicated on the monthly
billing statements mailed by or on behalf of American Express.
d. that if the Minimum amount due was not paid by the date given on the
monthly statements the Account would become delinquent and American
Express could assess late fees and declare the Account in default (as that term
is used in the Agreement);
e. that once Fleming is in default on the Account, American Express may declare
the entire balance immediately due;
f. Fleming further agreed that in the event of default (as that term is used in the
Cardmember Agreement) he/she would pay all reasonable costs incurred by
American Express in protecting itself from any harm it may suffer as a result of
the default; including but not limited to reasonable attorneys’ fees incurred in
collecting the balance due and court costs.
7 Fleming used the Blue from American Express to charge various items to the
Account for which they never made payment.
8. American Express sent monthly statements to Fleming for the Account, showing
the balance due on the Account. A copy of the Statement is attached hereto and made a part
hereof as Exhibit “B”.9. Fleming violated the Agreement by refusing to remit the Minimum amount due
indicated by the monthly statements.
10. Fleming’s failure to pay the Minimum amount due constituted a default under the
Agreement and lead to the account becoming delinquent. As a result, American Express
suspended Fleming’s charge privileges on the Account and the outstanding balance became due
in its entirety.
ll. The account balance of $22,383.21.
COUNTI
Breach of Contract
12. Plaintiff(s) repeats and realleges each and every allegation contained in paragraphs 1,
through 11 of this complaint as though fully set forth at length herein.
13. Fleming agreed to pay for all items charged to the Account, plus finance charges and
late fees. In addition, Fleming agreed to pay American Express court costs and reasonable
attorneys’ fees in the event that American Express must refer the Account to its outside attorneys
for collection.
14. Fleming is currently indebted to American Express for unpaid card charges, finance
charges and late fees totaling $22,383.21.
15. Despite due demand, Fleming refuses to pay American Express any portion of the
outstanding balance due and owing.
16. As a result, Fleming's refusal to pay the outstanding balance, American Express
referred its claims against Fleming to its attorneys for collection.
17. Fleming’s continuing refusal to pay compelled the aforementioned attorneys to
commence the current action, thereby entitling American Express to collect from Fleming court
costs.
18. By reason of the foregoing, American Express National Bank is entitled to judgment
against Darrell Fleming for the sum of $22,383.21 for breach of contract plus court costs.
WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against
defendants, Darrell Fleming in the sum of $22,383.21 plus court costs for such other and further
relief as this Court deems just and proper.COUNTII
Account Stated
19. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1,
through 18 of this complaint as though fully set forth at length herein.
20. American Express duly issued and sent to Fleming the monthly statements, which set
forth in detail all items charged to the Cardmember Account and the total minimum amount due
and owing by Fleming to American Express.
21. Fleming received the monthly statements without giving protest or indication that they
were erroneous in any respect. Fleming thereby acknowledged that the debt owed to American
Express as set forth in the monthly statements, is true and correct.
22. By reason of the foregoing, American Express National Bank is entitled to judgment
against Darrell Fleming for an account stated in the amount of $22,383.21 plus court costs.
WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against
defendants, Darrell Fleming in the sum of $22,383.21 plus court costs for such other and further
relief as this Court deems just and proper.
COUNT IT
Unjust Enrichment
23. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1
through 22 of this complaint as though fully set forth at length herein.
24. Fleming benefited from all of the charges made to the Account, has acknowledged
receipt of those benefits, and have failed to pay for same.
25. Fleming has been unjustly enriched to American Express’ detriment.
26. By reason of the foregoing, American Express National Bank is entitled to judgment
against Darrell Fleming for unjust enrichment in an amount to be determined at trial, plus court
costs.WHEREFORE, plaintiff(s) American Express National Bank requests judgment against
defendant, Darrell Fleming in an amount to be determined at trial plus court costs, and for such
other and further relief as this Court deems just and proper.
/s/ Lisa DiSalle
Lisa DiSalle, Esquire
Florida Bar No.: 186236
Staff Attorney for the Plaintiff
American Express National Bank
9550 Regency Square Blvd.
Suite 501
Jacksonville, FL 32225
844-641-4041
Service Email: Lisa.DiSalle@aexp.comEXHIBIT ABlue from American Express
Issuer: American Express Centurion Bank
Credit Limit: $20,000 (Cash Advance Limit: $4,000)
Rates and Fees Table
Cardmember Agreement: Part 1 of 2 As of: 09/24/2010
Cardmember Name: Darrell Fleming
Account Ending In: 1009
Cate)
Annual Percentage Rate
(APR) for Purchases
15.24%
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
15.24% for any balance transfer requests we may accept.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
Applies
27.24%
This APR will vary with the market based on the Prime Rate.
This APR will apply to your account if you:
1) make one or more late payments; or
2) make a payment that is returned.
How Long Will the Penalty APR Apply? If the Penalty APR is applied, it
will apply for at least 6 months. We will review your Account every 6 months
after the Penalty APR is applied. The Penalty APR will continue to apply until
you have made timely (payments with no returned payments during the 6
months being reviewed.
Paying Interest
Your due date is at least 25 days after the close of each billing period. We will
not charge you interest on purchases if you pay your entire balance by the due
date each month. We will begin charging interest on cash advances and balance
transfers on the transaction date.
For Credit Card Tips from
the Federal Reserve Board
Annual Membership Fee
http://www. federalreserve.<
To learn more about factors to consider when applying for or using a credit card,
visit the website of the Federal Reserve Board at
://www.federal rve.qov/creditcard.
None
Transaction Fees
Balance Transfer
Cash Advance
Foreign Transaction
Either $5 or 3% of the amount of each transfer, whichever is greater.
Either $5 or 3% of the amount of each cash advance, whichever is greater.
2.7% of each transaction after conversion to US dollars.
Penalty Fees
Late Payment
Returned Payment
Overlimit
Up to $35,
Up to $35
None
How we calculate interest:
We use the Average Daily Balance method (including new transactions). See the
How we calculate interest section in Part 2.
Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions.
CMAEUAAO0000105,
Page 1 of 9How Rates and Fees Work
Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin)
APRs and DPRs to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is
1/365th of the APR, rounded to one ten-thousandth of a percentage point.
Rate Description Prime + Margin APR DPR
Purchase Prime + 11.99% 15.24% 0.0417%
Balance Transfer Prime + 11.99% 15.24% 0.0417%
Cash Advance Prime + 21.99% 25.24% 0.0691%
Penalty Prime + 23.99% 27.24% 0.0746%
Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will
new transactions you do not pay at least the Minimum apply to charges added to that balance 15 or
Payment Due by the Closing Date of the more days after we send you notice.
billing period in which it is due,
you do not pay at least the Minimum We will review your Account every 6 months after
Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Penalty APR will
times in 12 billing periods, or continue to apply until you have made timely
your payment is returned by your bank. payments with no returned payments during the 6
months being reviewed.
Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we
existing balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for
6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may stil!
apply to other balances as described above).
Fees
We add fees to a purchase balance, unless we tell you otherwise.
Annual Membership _| This fee is on the Rates and Fees Table on page 1 of Part 1.
Late Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25.
If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not
exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty
APR for new transactions and Penalty APR for existing balances above.
Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is
$25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned
payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the
payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for
new transactions above.
Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned
unpaid. We will also charge you the unpaid amount.
Overlimit None. See Credit limit and cash advance limitin Part 2.
Statement Copy $5 for each statement you request, except for the 3 most recent billing periods.
Account Re-opening | $25 if your Account is cancelled, you ask us to re-open it, and we do so.
Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional
offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance
as the balance transfer.
Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM
operator), with a minimum of $5. We will add this fee to the cash advance balance.
Foreign Transaction | 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges
made in a foreign currency in Part 2.
Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement.
CMAEUAAO0000105, Page 2 of 9e ae
ExBneSs
Cardmember Agreement: Part 2 of 2
CD 27738
Introduction
About your
Cardmember Agreement
This document together with Part 1 make up the
Cardmember 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.
Changing the Agreement
We may change this Agreement, subject to
applicable law. We may do this in response to the
business, legal or competitive environment.
We cannot increase the interest rate on existing
balances except in limited circumstances. Changes
to some terms may require 45 days advance notice,
and we will tell you in the notice if you have the right
to reject a change. We cannot change certain terms
during the first year of your Card membership.
Words we use in
the Agreement
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. You and your also mean anyone who
agrees to pay for this Account. You are the Basic
Cardmember. You may request a card for an
Additional Cardmember (see About Additional
Cardmembers in Patt 2).
Card means any card or other device that we issue
to access your Account. A charge is any amount
added to your Account, such as purchases, cash
advances, balance transfers, fees and interest
charges. A purchase is a charge for goods or
services. A cash advance is a charge to get cash
or cash equivalents. A balance transfer is a charge
to pay an amount you owe on another credit card
account.
To pay by a certain date means to send your
payment so that we receive it and credit it to your
Account by that date (see About your payments in
Part 2).
About using your card
Using the card
You may use the card to make purchases. At our
discretion, we may permit you to make cash
advances or balance transfers. You cannot transfer
balances from any other account issued by us or our
affiliates.
You may arrange for certain merchants to charge
your Account at regular intervals. We may (but are
Not required to) tell these merchants about your
Account status or changes to your card number or
expiration date. You must notify the merchants
directly if you want them to stop charging your
Account.
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.
Promise to pay
You promise to pay all charges, including:
charges you make, even if you do not present your card or sign for the transaction,
charges that other people make if you let them use your Account, and
charges that Additional Cardmembers make or permit others to make.
Credit limit
and cash advance limit
We assign a Credit Limit to your Account. We may
make part of your Credit Limit available for cash
advances (Cash Advance Limit). There may also be
a limit on the amount you can withdraw from ATMs in
a given period. The Credit Limit and Cash Advance
Limit are shown on page 1 of Part 1 and on each
billing statement.
We may increase or reduce your Credit Limit and
Cash Advance Limit, We may do so even if you pay
on time and your Account is not in default.
You agree to manage your Account so that:
your Account balance (including fees and interest)
is not more than your Credit Limit, and
your cash advance balance (including fees and
interest) is not more than your Cash Advance
Limit.
We may approve charges that cause your Account
balance to go over your Credit Limit. f we do this,
we will not charge an overlimit fee. If we ask you to
promptly pay the amount of your Account balance
above your Credit Limit, you agree to do so.
Declined transactions
We may decline to authorize a charge. Reasons we
may do this include suspected fraud and our
assessment of your creditworthiness. This may occur
even if the charge would not cause you to go over
your Credit Limit and your Account is not in default.
We are not responsible for any losses you incur if
we do not authorize a charge. And we are not
responsible if any merchant refuses to accept the
card.
CMAEUACM0000102
Page 3 of 9About your payments
When you must pay You must pay at least the Minimum Payment Due by
the Payment Due Date. The Minimum Payment Due
and Payment Due Date are shown on each billing
‘statement.
Each statement also states the time and manner by
which you must make your payment for it to be
credited as of the same day it is received. For your
payment to be considered on time, we must receive
at least the Minimum Payment Due in such time and
manner by the Payment Due Date shown on your
billing statement.
Each statement also shows a Closing Date. The
Closing Date is the last day of the billing period
covered by the statement. Each Closing Date is
about 30 days after the previous statement s Closing
Date.
How to make payments Make payments to us in U.S. dollars with:
a single check drawn on a U.S. bank, or
a single negotiable instrument clearable through
the U.S. banking system, for example a money
order, or
an electronic payment that can be cleared through
the U.S. banking system.
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.
Hf 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 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 fees and additional
interest charges (see How Rates and Fees Work on
page 2 of Part 1).
Itwe decide to accept a payment made in a foreign
currency, we will choose a rate to convert your
payment into U.S. dollars, unless the law requires us
to use a particular rate.
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.
How we apply payments Your Account may have balances with different
and credits interest rates. For example, purchases may have a
lower interest rate than cash advances. If your
Account has balances with different interest rates,
here is how we generally apply payments in a billing
period:
We apply your payments, up to the Minimum
Payment Due, 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 your payments to the balance with the
highest interest rate, and then to balances with
lower interest rates.
In most cases, we apply a credit to the same
balance as the related charge. For example, we
apply a credit for a purchase to the purchase
balance. We may apply payments and credits within
balances, and among balances with the same
interest rate, in any order we choose.
About your Minimum Payment Due
How we calculate your To calculate the Minimum Payment Due for each
Minimum Payment Due statement, we start with the highest of the following
three amounts:
(1) 2% of the New Balance (excluding late fees on
the statement); or
(2) interest charged on the statement plus 1% of
the New Balance (excluding late fees and
interest on the statement), not to exceed 4% of
the New Balance; or
(3) $15.
Then we add late fees on the statement, round to
the nearest dollar, and add any amount past due.
However, your Minimum Payment Due will not
exceed your New Balance.
EXAMPLE: Minimum Payment Due
Assume that your New Balance is $3,000,
interest is $29.57 (see the example on the next
page), and you have no late fees or amounts
past due.
(1) 2% x $3,000 = $60.00
(2) $29.57 + 1% x ($3,000 - $29.57) = $59.27
(3) $15.00
The highest of the three amounts is $60.00.
So the Minimum Payment Due is $60.00.
Adjusting your if you regularly pay more than the Minimum Payment Due described above, we may adjust it in future
Minimum Payment Due billing periods. This may let you make a smaller minimum payment from time to time. But if you then do
not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and
return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at
least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from
(1) and not add 1% of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New
Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum
Payment Due.
CMAEUACM0000102 Page 4 of 9
continued on next page...a ad
i
..continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum
Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods).
We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not
adjusted) is not more than $80 and equals the sum of your payments. However, we will not make the
adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due
the last time it was not zero.
About interest charges
When we charge interest
We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases
as described below. However, you cannot avoid paying interest on cash advances and balance transfers.
Hf you pay the New Balance on every statement by
the Payment Due Date, we will not charge interest
on purchases.
If you pay the New Balance on a statement by the
Payment Due Date and then you pay less than the
New Balance on the following statement by the
Payment Due Date, we will not charge interest on
the portion of the purchase balance that we apply
that payment to. But we will charge interest on
unpaid purchases.
If you do not pay the New Balance on a statement
by the Payment Due Date and then:
you pay the New Balance on the next statement
by the Payment Due Date, we will not charge
interest on purchases from the date of your
payment to the Closing Date of the billing period in
which you made that payment. But we will charge
interest on purchases from the beginning of that
billing period until the date of your payment.
you pay the New Balance on each of the next two
statements by their Payment Due Dates, we will
not charge interest on purchases on the following
‘statement.
iso, we will not charge interest on purchases on a
‘statement if the Previous Balance on that statement
is zero or a credit balance.
How we calculate interest
We calculate interest for a billing period by first figuring the interest on each balance. Different categories
of transactions such as purchases and cash advances may have different interest rates. Balances
within each category may also have different interest rates.
We use the Average Daily Balance method
{including new transactions) to figure interest
charges for each balance. The total interest charged
for a billing period is the sum of the interest charged
on each balance.
Interest
The interest charged for a balance in a billing period,
except for variations caused by rounding, equals:
Average Daily Balance (ADB) x
Daily Periodic Rate (DPR) x
number of days the DPR was in effect.
ADB
To get the ADB for a balance, we add up its daily
balances. Then we divide the result by the number
of days the DPR for that balance was in effect. If the
daily balance is negative, we treat it as zero.
DPR
A DPR is 1/365th of an APR, rounded to one ten-
thousandth of a percentage point. Your DPRs are
shown in How Rates and Fees Work on page 2 of
Part 1.
Daily Balance
For each day a DPR is in effect, we figure the daily
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.
Beginning balance
For the first day of a billing period, the beginning
balance is the ending balance for the prior billing
period, including unpaid interest. For the rest of the
billing period, the beginning balance is the previous
day s daily balance plus an amount of interest equal
to the previous day s daily balance multiplied by the
DPR for that balance. This method of figuring the
beginning balance results in daily compounding of
interest.
When an interest rate changes, the new DPR may
come into effect during not just at the beginning
of the billing period. When this happens, we will
create a new balance and apply the new DPR to it.
To get the beginning balance on the first day for this,
new balance, we multiply the previous day s daily
balance by the old DPR and add the result to that
day s daily balance.
Other methods
To figure the ADB and interest charges, we may use
other formulas or methods that produce equivalent
results. Also, we may choose not to charge interest
on certain types of charges.
CMAEUACM0000102
Page 5 of 9We use the Prime Rate from the Money Rates
section (or successor section) of The Wail Street
Journal. The Prime Rate for each billing period is the
Prime Rate published in The Wall Street Journal 2
days before the Closing Date of the billing period.
The Walll Street Journal may not publish the Prime
Rate on that day. If it does not, we will use the Prime
Rate from the previous day it was published. If The
Wall Street Journal is no longer published, we may
use the Prime Rate from any other newspaper of
general circulation in New York, New York. Or we
may choose to use a similar published rate.
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.
Other important information
About Additional
Cardmembers
At your request, we may issue cards to Additional
Cardmembers. They do not have accounts with us
but they can use your Account subject to the terms
of this Agreement. You are responsible for all use of
your Account by Additional Cardmembers and
anyone they allow to use your Account. You must
pay for all charges they make.
You authorize us to give Additional Cardmembers
information about your Account and to discuss it
with them.
Ifyou want to cancel an Additional Cardmember s
right to use your Account (and cancel their card) you
must tell us.
Converting charges made
in a foreign currency
Hf you make a charge in a foreign currency, we wil
convert it into U.S. dollars on the date we or our
agents process it. Unless a particular rate is
required by law, we will choose a conversion rate
that is acceptable to us for that date. The rate we
use is no more than the highest official rate
published by a government agency or the highest
interbank rate we identify 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.
Changing your
billing address
You must notify us immediately if you change the:
mailing address to which we send billing
‘statements; or
e-mail address to which we send notice that your
billing statement is available online.
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.
Closing your Account
You may close your Account by calling us or writing to us.
Cancelling or suspending
your Account
We may:
cancel your Account,
suspend the ability to make charges,
cancel or suspend any feature on your Account,
and
notify merchants that your Account has been
cancelled or suspended.
tf we do any of these, you must still pay us for all
charges under the terms of this Agreement.
We may do any of these things at our discretion,
even if you pay on time and your Account is not in
default.
It your Account is cancelled, you must destroy your
cards. We may agree to reinstate your Account after
a cancellation. If we do this, we may:
reinstate any additional cards issued on your
‘Account,
charge you any applicable annual fees, and
charge you a fee for reinstating the Account.
About 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,
you become incapacitated or die, or
we believe you are unable or unwilling to pay your
debts when due.
It we consider your Account in default, we may:
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.
Collection costs
You agree to pay all reasonable costs, including attorneys fees, that we incur to collect amounts you owe.
Credit reports
You agree that we may obtain credit reports about
you, investigate your ability to pay, and obtain
information about you from other sources. And you
agree that we may use such information for any
purposes, subject to applicable law.
You agree that we may give information about your
Account to credit reporting agencies. We may tell a
credit reporting agency if you fail to comply with any
term of this Agreement. This may have a negative
impact on your credit record.
It 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 your Account number and the specific
information you believe is incorrect.
CMAEUACM0000102
Page 6 of 9Sending you notices
We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing
address on our records. Any notice that we send you this way is deemed to be given when deposited in
the U.S. mail.
We may contact you
From time to time, we may contact you about topics
ranging from servicing to marketing offers to
collecting amounts you owe. We may monitor and
record phone calls between you (ar any Additional
Cardmembers on your Account) and us. We do this
to ensure the quality of customer service or when it
is required by law.
You can choose to not receive marketing offers from
us. To do this, call us at 1-800-297-8378 or log on to
www.americanexpress.com/communications
About 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 affiiates 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.
How we handle electronic
debits from your checking
account
When you pay us by check, you authorize us to
electronically deduct the amount from your bank or
other asset account.
We may process the check electronically by
transmitting to your financial institution:
the amount,
the routing number,
the account number, and
the check serial number.
If we do this, your payment may be deducted from
your bank or other asset account on the same day
we receive your check. Also, you will not receive
that cancelled check with your bank or asset
account billing statement.
It we cannot collect the funds electronically, we may
issue a draft against your bank or other asset
account for the amount of the check.
ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make
charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any
time. Also, we may deactivate ExpressPay at any time.
Privacy Act of 1974 notice 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.
Convenience checks
add the fee to the same balance that we add the
convenience check transaction to.
Convenience checks (including balance transfer
checks) are checks that we may send you to access
your Account. The following terms will apply to use
of those checks unless otherwise disclosed with the
check.
If you use a convenience check, we may decline it. If
we decline it, you may have to pay retumed check
fees or other penalties to whomever you wrote the
check.
We will charge $29 each time you ask us to stop
payment on a convenience check.
A convenience check is not a card. You may not use
convenience checks to pay this or any other account
with us or our affiliates. If you use a convenience
check, we will apply the:
cash advance APR if you make it payable to cash,
to you, or to a bank, brokerage or similar asset
account, or to a mortgage or insurance provider.
purchase APR if you make it payable to a
merchant.
balance transfer APR if you use it to transfer a
balance from another creditor.
penalty APR if it applies to your Account.
Ifyou use a convenience check and we honor it, we
will charge interest beginning as of the date we
receive the check. You cannot avoid paying interest
on convenience check transactions.
We will charge a fee for each convenience check
transaction. This fee is 3% of the transaction, with a
minimum of $5. This fee is a finance charge. We will
Changing benefits
We have the right to add, modify or delete any benefit, service, or feature of your Account at our
discretion.
Assigning the Agreement
We may sell, transfer or assign this Agreement and your Account. We may do so at any time without
notifying you. You may not sell, assign or transfer your Account or any of your obligations under this
Agreement.
Assigning claims
If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If
we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant.
You agree that you will not pursue any claim against the merchant for the credited amount. And you must
cooperate with us if we decide to do so.
CMAEUACM0000102
Page 7 of 9We 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.
Governing law
Utah law and federal law govern this Agreement and your Account. They govern without regard to internal
principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this
Agreement with you in Utah.
Arbitration
This Arbitration provision sets forth the
circumstances and procedures under which
claims may be arbitrated instead of litigated in
court.
ni
As used in this Arbitration provision, the term
claim means any claim, dispute or
controversy between you and us arising from
or relating to your Account, this Agreement,
the Electronic Funds Transfer Services
Agreement, and any other related or prior
agreement that you may have had with us, or
the relationships resulting from any of the
above agreements, except for the validity,
enforceability or scope of this Arbitration
provision. For purposes of this Arbitration
provision, you and us also includes any
corporate parent, or wholly or majority owned
subsidiaries, affiliates, any licensees,
predecessors, successors, assigns, any
purchaser of any accounts, all agents,
employees, directors and representatives of
any of the foregoing, and other persons
referred to below in the definition of claims.
Claim includes claims of every kind and
nature, including but not limited to, initial
claims, counterclaims, cross-claims and third-
party claims and claims based upon contract,
tort, fraud and other intentional torts, statutes,
regulations, common law and equity. Claim
also includes claims by or against any third
party using or providing any product, service
or benefit in connection with any account
(including, but not limited to, credit bureaus,
third parties who accept the card, third parties,
who use, provide or participate in fee-based
or free benefit programs, enrollment services
and rewards programs, credit insurance
companies, debt collectors and al of their
agents, employees, directors and
representatives) if and only if, such third party
is a party in connection with the claim, The
term claim is to be given the broadest
possible meaning that will be enforced and
includes, by way of example and without
limitation, any claim, dispute or controversy
that arises from or relates to (a) any of the
accounts created under any of the
agreements, or any balances on any such
accounts, (b) advertisements, promotions or
oral or written statements related to any such
accounts, goods or services financed under
any of the accounts or the terms of financing,
(c) the benefits and services related to
Cardmembership (including fee-based or free
benefit programs, enrollment services and
rewards programs), and (d) your application
for any account. We shall not elect to use
arbitration under this Arbitration provision for
CMAEUACM0000102
any claim that you properly file and pursue in
a small claims court of your state or
municipality so tong as the claim is individual
and pending only in that court.
Initiation of Arbitration
Any claim shall be resolved, upon the election
by you or us, by arbitration pursuant to this
Arbitration provision and the code of
procedures of the arbitration organization to
which the claim is referred in effect at the time
the claim is filed (code), except to the extent
the code conflicts with this Agreement.
Claims shall be referred to either JAMS or the
American Arbitration Association (AAA), as
selected by the party electing to use
arbitration. If our selection of either of these
organizations is unacceptable to you, you
may select the other organization within 30,
days after you receive notice of our selection.
For a copy of the code, to file a claim or for
other information, contact either: JAMS (1920
Main St #300, Irvine, CA 92614 or
jamsadr.com) or AAA (335 Madison Ave,
New York, NY 10017 or adr.org).
In addition to the organizations listed above,
claims may be referred to any other
arbitration organization that is mutually
agreed upon in writing by you and us, or to an
arbitration organization or arbitrator(s)
appointed pursuant to § 5 of the Federal
Arbitration Act, 9 U.S.C. §§ 1-16, as it may be
amended (FAA), provided that any such
organization and arbitrator(s) will enforce the
terms of the Restrictions on Arbitration
subsection set forth below.
Significance of Arbitration
IF ARBITRATION IS CHOSEN BY ANY
PARTY WITH RESPECT TO A CLAIM,
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 OF
CLAIMANTS PERTAINING TO ANY CLAIM
SUBJECT TO ARBITRATION. EXCEPT AS.
SET FORTH BELOW, THE ARBITRATOR S-
DECISION WILL BE FINAL AND BINDING.
NOTE THAT OTHER RIGHTS THAT YOU
OR WE WOULD HAVE IF YOU WENT TO.
COURT ALSO MAY NOT BE AVAILABLE IN
ARBITRATION.
Restrictions on Arbitration
IF EITHER PARTY ELECTS TO RESOLVE A
CLAIM BY ARBITRATION, THAT CLAIM
SHALL BE ARBITRATED ON AN
INDIVIDUAL BASIS. THERE SHALL BE NO.
Page 8 of 9
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
CARDMEMBERS OR OTHER PERSONS
SIMILARLY SITUATED. The arbitrator s
authority to resolve claims is limited to claims
between you and us alone, and the
arbitrator s authority to make awards is limited
to awards to you and us alone. Furthermore,
claims brought by you against us, or by us
against you, may not be joined or
consolidated in arbitration with claims brought
by or against someone other than you, unless
agreed to in writing by all parties. No
arbitration award or decision will have any
preciusive effect as to issues or claims in any
dispute with anyone who is not a named party
to the arbitration. Notwithstanding any other
provision of this Agreement (including but not
limited to the Continuation subsection below)
and without waiving either party s right to
appeal such decision, should any portion of
this Restrictions on Arbitration subsection be
deemed invalid or unenforceable, then the
entire Arbitration provision (other than this
sentence) shall not apply.
Arbitration Procedures
This Arbitration provision is made pursuant to
transactions involving interstate commerce
and shall be governed by the FAA. The
arbitration shall be governed by the applicable
code, except that this Agreement shall apply if
there are any conflicts. The arbitrator shall
apply applicable substantive law consistent
with the FAA and applicable statutes of
limitations, shall honor claims of privilege
recognized at law, and, at the timely request
of either party, shall provide a brief written
explanation of the basis for the decision. The
arbitration proceeding shall not be governed
by any federal or state rules of civil procedure
or rules of evidence. Any party may request
that the arbitrator expand the scope of
discovery by doing so in writing and copying
any other parties, who shall have 15 days to
make objections. The arbitrator will notify the
parties of his/her decision within 20 days of
any objecting party s submission. The
arbitrator shall take reasonable steps to
preserve privacy. The arbitrator s award shall
be final and binding, except for any right of
appeal provided by the FAA; however, either
party shall have 30 days to appeal that
decision by notifying the arbitration
organization and any other parties in writing.
continued on next page...Express
...continued from previous page
The organization will then appoint a three-
arbitrator panel which shall consider anew
any aspect of the decision objected to by the
appealing party. The panel shall issue its
decision, by majority vote, within 120 days of
the appealing party s written notice. Judgment
upon any award rendered by the arbitrator or
panel may be entered in any court having
jurisdiction.
Location of Arbitration
Arbitration hearings you attend shall take
place in the federal judicial district of your
residence.
Payment of Fees
You will be responsible for paying your share,
if any, of the arbitration fees (including filing,
administrative, hearing and/or other fees), but
only up to the amount of the filing fees you
would have incurred if you had brought a
claim in the state or federal court closest to
your billing address that would have had
jurisdiction. We will be responsible for any
additional arbitration fees. At your written
request, we will consider in good faith making
a temporary advance of all or part of your
share of any arbitration fees. You will not be
assessed any arbitration fees in excess of
your share if you do not prevail in any
arbitration with us.
Continuation
This Arbitration provision shall survive
termination of your Account; voluntary
payment of the Account balance in full by yous
any legal proceeding by you or us to collect a
debt owed by the other; any bankruptcy by
you or us; and any sale by us of your Account
(in the case of a sale, its terms shall apply to
the buyer of your Account). If any portion of
this Arbitration provision, except as otherwise
provided in the Restrictions on Arbitration
subsection, is deemed invalid or
unenforceable, it shall not invalidate the
temaining portions of this provision.
Your Billing Rights: Keep this Document for Future Use
This notice tells you about your rights and our
responsibilities under the Fair Credit Billing
Act.
What To Do if You Find a Mistake on Your
‘Statement
Ifyou think there is an error on your
statement, write to us at:
‘American Express
PO Box 981535
El Paso TX 79998-1535
In your letter, give us the following
information:
Account information: Your name and
account number.
Dollar amount: The dollar amount of the
suspected error.
Description of problem: If you think there is.
an ertor on your bill, describe what you
believe is wrong and why you believe it is a
mistake.
You must contact us:
Within 60 days after the error appeared on
your statement.
At least 3 business days before an
automated payment is scheduled, if you
want to stop payment on the amount you
think is wrong.
You must notify us of any potential errors in
writing. You may call us, but if you do we are
not required to investigate any potential
errors and you may have to pay the amount
in question.
What Will Happen After We Receive Your
Letter
When we receive your letter, we must do two
things:
1. Within 30 days of receiving your letter, we
must tell you that we received your letter.
We will also tell you if we have already
corrected the error.
2. Within 90 days of receiving your letter, we
must either correct the error or explain to
you why we believe the bill is correct.
While we investigate whether or not there
has been an error:
We cannot try to collect the amount in
question, or report you as delinquent on
that amount.
The charge in question may remain on your
statement, and we may continue to charge
you interest on that amount.
While you do not have to pay the amount in
question, you are responsible for the
remainder of your balance.
We can apply any unpaid amount against
your credit limit.
After we finish our investigation, one of two
things will happen:
Itwe made a mistake: You will not have to
pay the amount in question or any interest
or other fees related to that amount.
If we do not believe there was a mistake:
You will have to pay the amount in
question, along with applicable interest and
fees. We will send you a statement of the
amount you owe and the date payment is
due, We may then report you as delinquent
if you do not pay the amount we think you
owe.
If you receive our explanation but still believe
your bill is wrong, you must write to us within
10 days telling us that you still refuse to pay.
if you do so, we cannot report you as
delinquent without also reporting that you are
questioning your bill. We must tell you the
name of anyone to whom we reported you as
delinquent, and we must let those
organizations know when the matter has
been settled between us.
It we do not follow all of the rules above, you
do not have to pay the first $50 of the amount
you question even if your bill is correct.
Your Rights If You Are Dissatisfied With
Your Credit Card Purchases
If you ate dissatisfied with the goods or
services that you have purchased with your
credit card, and you have tried in good faith to
correct the problem with the merchant, you
may have the right not to pay the remaining
amount due on the purchase.
To use this right, all of the following must be
true:
1. The purchase must have been made in
your home state or within 100 miles of your
current mailing address, and the purchase
pri
Preview
Filing # 99653990 E-Filed 12/02/2019 03:47:22 PM IN THE CIRCUIT COURT 14TH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA AMERICAN EXPRESS NATIONAL BANK Plaintiff CASE NO. 19004388CA vs. DIVISION: DARRELL FLEMING Defendant(s). / COMPLAINT Plaintiff(s), AMERICAN EXPRESS NATIONAL BANK, (American Express) by its attorneys, sues defendant(s) DARRELL FLEMING (“FLEMING”) and hereby allege(s) as follows: GENERAL ALLEGATIONS AMERICAN EXPRESS NATIONAL BANK! (American Express) is a national bank under the laws of the United States of America with its office located at 4315 S. 2700 West Lake City, Utah, 84184 (hereinafter singularly or collectively referenced as “American Express”). 1. This is an action for damages that does exceed $15,000.00. 2. Upon information and belief, Fleming was and is at all relevant times an individual residing in Bay County in the State of Florida, at 124 Rusty Gans Drive, Panama City Beach, Florida 32408. ' Qn April 1, 2018 American Express Centurion Bank changed its name to American Express National Bank. See, hitps:/;www.oce reas. gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions-jan-2018,html, See also, 12 U.S.C. § 35; 12 CFR 5.24,The Facts 3. At all relevant times, Fleming, was the holder of a(n) American Express Blue from American Express that enabled him/her to charge items to a(n) American Express Blue from American Express account (account no. 4003) (the “Account”). 4. At all relevant times, Fleming was the basic card member on the Account and thus is responsible for paying all amounts charged to the Blue from American Express Account. 5. By accepting and using the Blue from American Express, Fleming agreed to all of the terms and conditions set forth in the “Agreement Between American Express Credit Cardmember and American Express Centurion Bank” (the “Cardmember Agreement”). The Cardmember Agreement was provided to Fleming with the Blue from American Express. A copy of the cardmember agreement is attached hereto and made a part hereof as Exhibit “A”. 6. The terms and conditions of the Cardmember Agreement, include the following: a. to pay all amounts charged to the Account by either Fleming or any additional cardmember or additional account user Card; b. to pay finance charges on unpaid balances; c. to pay the “Minimum Amount Due” by the due date indicated on the monthly billing statements mailed by or on behalf of American Express. d. that if the Minimum amount due was not paid by the date given on the monthly statements the Account would become delinquent and American Express could assess late fees and declare the Account in default (as that term is used in the Agreement); e. that once Fleming is in default on the Account, American Express may declare the entire balance immediately due; f. Fleming further agreed that in the event of default (as that term is used in the Cardmember Agreement) he/she would pay all reasonable costs incurred by American Express in protecting itself from any harm it may suffer as a result of the default; including but not limited to reasonable attorneys’ fees incurred in collecting the balance due and court costs. 7 Fleming used the Blue from American Express to charge various items to the Account for which they never made payment. 8. American Express sent monthly statements to Fleming for the Account, showing the balance due on the Account. A copy of the Statement is attached hereto and made a part hereof as Exhibit “B”.9. Fleming violated the Agreement by refusing to remit the Minimum amount due indicated by the monthly statements. 10. Fleming’s failure to pay the Minimum amount due constituted a default under the Agreement and lead to the account becoming delinquent. As a result, American Express suspended Fleming’s charge privileges on the Account and the outstanding balance became due in its entirety. ll. The account balance of $22,383.21. COUNTI Breach of Contract 12. Plaintiff(s) repeats and realleges each and every allegation contained in paragraphs 1, through 11 of this complaint as though fully set forth at length herein. 13. Fleming agreed to pay for all items charged to the Account, plus finance charges and late fees. In addition, Fleming agreed to pay American Express court costs and reasonable attorneys’ fees in the event that American Express must refer the Account to its outside attorneys for collection. 14. Fleming is currently indebted to American Express for unpaid card charges, finance charges and late fees totaling $22,383.21. 15. Despite due demand, Fleming refuses to pay American Express any portion of the outstanding balance due and owing. 16. As a result, Fleming's refusal to pay the outstanding balance, American Express referred its claims against Fleming to its attorneys for collection. 17. Fleming’s continuing refusal to pay compelled the aforementioned attorneys to commence the current action, thereby entitling American Express to collect from Fleming court costs. 18. By reason of the foregoing, American Express National Bank is entitled to judgment against Darrell Fleming for the sum of $22,383.21 for breach of contract plus court costs. WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against defendants, Darrell Fleming in the sum of $22,383.21 plus court costs for such other and further relief as this Court deems just and proper.COUNTII Account Stated 19. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1, through 18 of this complaint as though fully set forth at length herein. 20. American Express duly issued and sent to Fleming the monthly statements, which set forth in detail all items charged to the Cardmember Account and the total minimum amount due and owing by Fleming to American Express. 21. Fleming received the monthly statements without giving protest or indication that they were erroneous in any respect. Fleming thereby acknowledged that the debt owed to American Express as set forth in the monthly statements, is true and correct. 22. By reason of the foregoing, American Express National Bank is entitled to judgment against Darrell Fleming for an account stated in the amount of $22,383.21 plus court costs. WHEREFORE, Plaintiff(s) American Express National Bank requests judgment against defendants, Darrell Fleming in the sum of $22,383.21 plus court costs for such other and further relief as this Court deems just and proper. COUNT IT Unjust Enrichment 23. Plaintiff(s) repeats and re-alleges each and every allegation contained in paragraphs 1 through 22 of this complaint as though fully set forth at length herein. 24. Fleming benefited from all of the charges made to the Account, has acknowledged receipt of those benefits, and have failed to pay for same. 25. Fleming has been unjustly enriched to American Express’ detriment. 26. By reason of the foregoing, American Express National Bank is entitled to judgment against Darrell Fleming for unjust enrichment in an amount to be determined at trial, plus court costs.WHEREFORE, plaintiff(s) American Express National Bank requests judgment against defendant, Darrell Fleming in an amount to be determined at trial plus court costs, and for such other and further relief as this Court deems just and proper. /s/ Lisa DiSalle Lisa DiSalle, Esquire Florida Bar No.: 186236 Staff Attorney for the Plaintiff American Express National Bank 9550 Regency Square Blvd. Suite 501 Jacksonville, FL 32225 844-641-4041 Service Email: Lisa.DiSalle@aexp.comEXHIBIT ABlue from American Express Issuer: American Express Centurion Bank Credit Limit: $20,000 (Cash Advance Limit: $4,000) Rates and Fees Table Cardmember Agreement: Part 1 of 2 As of: 09/24/2010 Cardmember Name: Darrell Fleming Account Ending In: 1009 Cate) Annual Percentage Rate (APR) for Purchases 15.24% This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 15.24% for any balance transfer requests we may accept. This APR will vary with the market based on the Prime Rate. APR for Cash Advances 25.24% This APR will vary with the market based on the Prime Rate. Penalty APR and When it Applies 27.24% This APR will vary with the market based on the Prime Rate. This APR will apply to your account if you: 1) make one or more late payments; or 2) make a payment that is returned. How Long Will the Penalty APR Apply? If the Penalty APR is applied, it will apply for at least 6 months. We will review your Account every 6 months after the Penalty APR is applied. The Penalty APR will continue to apply until you have made timely (payments with no returned payments during the 6 months being reviewed. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. For Credit Card Tips from the Federal Reserve Board Annual Membership Fee http://www. federalreserve.< To learn more about factors to consider when applying for or using a credit card, visit the website of the Federal Reserve Board at ://www.federal rve.qov/creditcard. None Transaction Fees Balance Transfer Cash Advance Foreign Transaction Either $5 or 3% of the amount of each transfer, whichever is greater. Either $5 or 3% of the amount of each cash advance, whichever is greater. 2.7% of each transaction after conversion to US dollars. Penalty Fees Late Payment Returned Payment Overlimit Up to $35, Up to $35 None How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. Your Billing Rights: See Part 2 for information on how to exercise your rights to dispute transactions. CMAEUAAO0000105, Page 1 of 9How Rates and Fees Work Calculating The Annual Percentage Rate (APR) for variable rates is determined by adding an amount (margin) APRs and DPRs to the Prime Rate (see Determining the Prime Rate in Part 2). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to one ten-thousandth of a percentage point. Rate Description Prime + Margin APR DPR Purchase Prime + 11.99% 15.24% 0.0417% Balance Transfer Prime + 11.99% 15.24% 0.0417% Cash Advance Prime + 21.99% 25.24% 0.0691% Penalty Prime + 23.99% 27.24% 0.0746% Penalty APR for The penalty APR applies to new transactions if: If the Penalty APR applies to a balance, it will new transactions you do not pay at least the Minimum apply to charges added to that balance 15 or Payment Due by the Closing Date of the more days after we send you notice. billing period in which it is due, you do not pay at least the Minimum We will review your Account every 6 months after Payment Due by the Payment Due Date 2 the Penalty APR is applied. The Penalty APR will times in 12 billing periods, or continue to apply until you have made timely your payment is returned by your bank. payments with no returned payments during the 6 months being reviewed. Penalty APR for If you do not pay at least the Minimum Payment Due within 60 days after its Payment Due Date, we existing balances can apply the penalty APR to those balances it does not already apply to. After you pay on time for 6 billing periods in a row, the penalty APR will no longer apply to those balances (but it may stil! apply to other balances as described above). Fees We add fees to a purchase balance, unless we tell you otherwise. Annual Membership _| This fee is on the Rates and Fees Table on page 1 of Part 1. Late Payment Up to $35. If we do not receive the Minimum Payment Due by its Payment Due Date, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the late fee will not exceed the Minimum Payment Due. Paying late may also result in a Penalty APR. See Penalty APR for new transactions and Penalty APR for existing balances above. Returned Payment Up to $35. If your payment is returned unpaid the first time we present it to your bank, the fee is $25. If this happens again within the next 6 billing periods, the fee is $35. However, the returned payment fee will not exceed the Minimum Payment Due on the last Payment Due Date before the payment is returned. A returned payment may also result in a Penalty APR. See Penalty APR for new transactions above. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Overlimit None. See Credit limit and cash advance limitin Part 2. Statement Copy $5 for each statement you request, except for the 3 most recent billing periods. Account Re-opening | $25 if your Account is cancelled, you ask us to re-open it, and we do so. Balance Transfer 3% of the transaction, with a minimum of $5. A different fee may apply if stated in a promotional offer or at the time of a transaction. This fee is a finance charge. We will add it to the same balance as the balance transfer. Cash Advance 3% of the withdrawal and other services you obtain (including any fee charged by the ATM operator), with a minimum of $5. We will add this fee to the cash advance balance. Foreign Transaction | 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Converting charges made in a foreign currency in Part 2. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAAO0000105, Page 2 of 9e ae ExBneSs Cardmember Agreement: Part 2 of 2 CD 27738 Introduction About your Cardmember Agreement This document together with Part 1 make up the Cardmember 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. Changing the Agreement We may change this Agreement, subject to applicable law. We may do this in response to the business, legal or competitive environment. We cannot increase the interest rate on existing balances except in limited circumstances. Changes to some terms may require 45 days advance notice, and we will tell you in the notice if you have the right to reject a change. We cannot change certain terms during the first year of your Card membership. Words we use in the Agreement 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. You and your also mean anyone who agrees to pay for this Account. You are the Basic Cardmember. You may request a card for an Additional Cardmember (see About Additional Cardmembers in Patt 2). Card means any card or other device that we issue to access your Account. A charge is any amount added to your Account, such as purchases, cash advances, balance transfers, fees and interest charges. A purchase is a charge for goods or services. A cash advance is a charge to get cash or cash equivalents. A balance transfer is a charge to pay an amount you owe on another credit card account. To pay by a certain date means to send your payment so that we receive it and credit it to your Account by that date (see About your payments in Part 2). About using your card Using the card You may use the card to make purchases. At our discretion, we may permit you to make cash advances or balance transfers. You cannot transfer balances from any other account issued by us or our affiliates. You may arrange for certain merchants to charge your Account at regular intervals. We may (but are Not required to) tell these merchants about your Account status or changes to your card number or expiration date. You must notify the merchants directly if you want them to stop charging your Account. 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. Promise to pay You promise to pay all charges, including: charges you make, even if you do not present your card or sign for the transaction, charges that other people make if you let them use your Account, and charges that Additional Cardmembers make or permit others to make. Credit limit and cash advance limit We assign a Credit Limit to your Account. We may make part of your Credit Limit available for cash advances (Cash Advance Limit). There may also be a limit on the amount you can withdraw from ATMs in a given period. The Credit Limit and Cash Advance Limit are shown on page 1 of Part 1 and on each billing statement. We may increase or reduce your Credit Limit and Cash Advance Limit, We may do so even if you pay on time and your Account is not in default. You agree to manage your Account so that: your Account balance (including fees and interest) is not more than your Credit Limit, and your cash advance balance (including fees and interest) is not more than your Cash Advance Limit. We may approve charges that cause your Account balance to go over your Credit Limit. f we do this, we will not charge an overlimit fee. If we ask you to promptly pay the amount of your Account balance above your Credit Limit, you agree to do so. Declined transactions We may decline to authorize a charge. Reasons we may do this include suspected fraud and our assessment of your creditworthiness. This may occur even if the charge would not cause you to go over your Credit Limit and your Account is not in default. We are not responsible for any losses you incur if we do not authorize a charge. And we are not responsible if any merchant refuses to accept the card. CMAEUACM0000102 Page 3 of 9About your payments When you must pay You must pay at least the Minimum Payment Due by the Payment Due Date. The Minimum Payment Due and Payment Due Date are shown on each billing ‘statement. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. For your payment to be considered on time, we must receive at least the Minimum Payment Due in such time and manner by the Payment Due Date shown on your billing statement. Each statement also shows a Closing Date. The Closing Date is the last day of the billing period covered by the statement. Each Closing Date is about 30 days after the previous statement s Closing Date. How to make payments Make payments to us in U.S. dollars with: a single check drawn on a U.S. bank, or a single negotiable instrument clearable through the U.S. banking system, for example a money order, or an electronic payment that can be cleared through the U.S. banking system. 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. Hf 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 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 fees and additional interest charges (see How Rates and Fees Work on page 2 of Part 1). Itwe decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into U.S. dollars, unless the law requires us to use a particular rate. 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. How we apply payments Your Account may have balances with different and credits interest rates. For example, purchases may have a lower interest rate than cash advances. If your Account has balances with different interest rates, here is how we generally apply payments in a billing period: We apply your payments, up to the Minimum Payment Due, 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 your payments to the balance with the highest interest rate, and then to balances with lower interest rates. In most cases, we apply a credit to the same balance as the related charge. For example, we apply a credit for a purchase to the purchase balance. We may apply payments and credits within balances, and among balances with the same interest rate, in any order we choose. About your Minimum Payment Due How we calculate your To calculate the Minimum Payment Due for each Minimum Payment Due statement, we start with the highest of the following three amounts: (1) 2% of the New Balance (excluding late fees on the statement); or (2) interest charged on the statement plus 1% of the New Balance (excluding late fees and interest on the statement), not to exceed 4% of the New Balance; or (3) $15. Then we add late fees on the statement, round to the nearest dollar, and add any amount past due. However, your Minimum Payment Due will not exceed your New Balance. EXAMPLE: Minimum Payment Due Assume that your New Balance is $3,000, interest is $29.57 (see the example on the next page), and you have no late fees or amounts past due. (1) 2% x $3,000 = $60.00 (2) $29.57 + 1% x ($3,000 - $29.57) = $59.27 (3) $15.00 The highest of the three amounts is $60.00. So the Minimum Payment Due is $60.00. Adjusting your if you regularly pay more than the Minimum Payment Due described above, we may adjust it in future Minimum Payment Due billing periods. This may let you make a smaller minimum payment from time to time. But if you then do not regularly pay more than the Minimum Payment Due described above, we will stop adjusting it and return to the formula above. If we start or stop adjusting your Minimum Payment Due, we will do so for at least six billing periods in a row. To adjust the Minimum Payment Due, we will not exclude late fees from (1) and not add 1% of the New Balance in (2). Then, if (2) is the highest (but less than 4% of the New Balance), we will add $15. If we do the adjustment, we will not include any new late fees in the Minimum Payment Due. CMAEUACM0000102 Page 4 of 9 continued on next page...a ad i ..continued from previous page We will do this if over six billing periods the sum of your payments is more than the sum of the Minimum Payments Due (not adjusted, except any amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Minimum Payments Due (not adjusted) is not more than $80 and equals the sum of your payments. However, we will not make the adjustment if the sum of Minimum Payments Due is zero and we did not adjust the Minimum Payment Due the last time it was not zero. About interest charges When we charge interest We charge interest beginning on the date of each transaction. You can avoid paying interest on purchases as described below. However, you cannot avoid paying interest on cash advances and balance transfers. Hf you pay the New Balance on every statement by the Payment Due Date, we will not charge interest on purchases. If you pay the New Balance on a statement by the Payment Due Date and then you pay less than the New Balance on the following statement by the Payment Due Date, we will not charge interest on the portion of the purchase balance that we apply that payment to. But we will charge interest on unpaid purchases. If you do not pay the New Balance on a statement by the Payment Due Date and then: you pay the New Balance on the next statement by the Payment Due Date, we will not charge interest on purchases from the date of your payment to the Closing Date of the billing period in which you made that payment. But we will charge interest on purchases from the beginning of that billing period until the date of your payment. you pay the New Balance on each of the next two statements by their Payment Due Dates, we will not charge interest on purchases on the following ‘statement. iso, we will not charge interest on purchases on a ‘statement if the Previous Balance on that statement is zero or a credit balance. How we calculate interest We calculate interest for a billing period by first figuring the interest on each balance. Different categories of transactions such as purchases and cash advances may have different interest rates. Balances within each category may also have different interest rates. We use the Average Daily Balance method {including new transactions) to figure interest charges for each balance. The total interest charged for a billing period is the sum of the interest charged on each balance. Interest The interest charged for a balance in a billing period, except for variations caused by rounding, equals: Average Daily Balance (ADB) x Daily Periodic Rate (DPR) x number of days the DPR was in effect. ADB To get the ADB for a balance, we add up its daily balances. Then we divide the result by the number of days the DPR for that balance was in effect. If the daily balance is negative, we treat it as zero. DPR A DPR is 1/365th of an APR, rounded to one ten- thousandth of a percentage point. Your DPRs are shown in How Rates and Fees Work on page 2 of Part 1. Daily Balance For each day a DPR is in effect, we figure the daily 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. Beginning balance For the first day of a billing period, the beginning balance is the ending balance for the prior billing period, including unpaid interest. For the rest of the billing period, the beginning balance is the previous day s daily balance plus an amount of interest equal to the previous day s daily balance multiplied by the DPR for that balance. This method of figuring the beginning balance results in daily compounding of interest. When an interest rate changes, the new DPR may come into effect during not just at the beginning of the billing period. When this happens, we will create a new balance and apply the new DPR to it. To get the beginning balance on the first day for this, new balance, we multiply the previous day s daily balance by the old DPR and add the result to that day s daily balance. Other methods To figure the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. CMAEUACM0000102 Page 5 of 9We use the Prime Rate from the Money Rates section (or successor section) of The Wail Street Journal. The Prime Rate for each billing period is the Prime Rate published in The Wall Street Journal 2 days before the Closing Date of the billing period. The Walll Street Journal may not publish the Prime Rate on that day. If it does not, we will use the Prime Rate from the previous day it was published. If The Wall Street Journal is no longer published, we may use the Prime Rate from any other newspaper of general circulation in New York, New York. Or we may choose to use a similar published rate. 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. Other important information About Additional Cardmembers At your request, we may issue cards to Additional Cardmembers. They do not have accounts with us but they can use your Account subject to the terms of this Agreement. You are responsible for all use of your Account by Additional Cardmembers and anyone they allow to use your Account. You must pay for all charges they make. You authorize us to give Additional Cardmembers information about your Account and to discuss it with them. Ifyou want to cancel an Additional Cardmember s right to use your Account (and cancel their card) you must tell us. Converting charges made in a foreign currency Hf you make a charge in a foreign currency, we wil convert it into U.S. dollars on the date we or our agents process it. Unless a particular rate is required by law, we will choose a conversion rate that is acceptable to us for that date. The rate we use is no more than the highest official rate published by a government agency or the highest interbank rate we identify 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. Changing your billing address You must notify us immediately if you change the: mailing address to which we send billing ‘statements; or e-mail address to which we send notice that your billing statement is available online. 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. Closing your Account You may close your Account by calling us or writing to us. Cancelling or suspending your Account We may: cancel your Account, suspend the ability to make charges, cancel or suspend any feature on your Account, and notify merchants that your Account has been cancelled or suspended. tf we do any of these, you must still pay us for all charges under the terms of this Agreement. We may do any of these things at our discretion, even if you pay on time and your Account is not in default. It your Account is cancelled, you must destroy your cards. We may agree to reinstate your Account after a cancellation. If we do this, we may: reinstate any additional cards issued on your ‘Account, charge you any applicable annual fees, and charge you a fee for reinstating the Account. About 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, you become incapacitated or die, or we believe you are unable or unwilling to pay your debts when due. It we consider your Account in default, we may: 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. Collection costs You agree to pay all reasonable costs, including attorneys fees, that we incur to collect amounts you owe. Credit reports You agree that we may obtain credit reports about you, investigate your ability to pay, and obtain information about you from other sources. And you agree that we may use such information for any purposes, subject to applicable law. You agree that we may give information about your Account to credit reporting agencies. We may tell a credit reporting agency if you fail to comply with any term of this Agreement. This may have a negative impact on your credit record. It 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 your Account number and the specific information you believe is incorrect. CMAEUACM0000102 Page 6 of 9Sending you notices We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. We may contact you From time to time, we may contact you about topics ranging from servicing to marketing offers to collecting amounts you owe. We may monitor and record phone calls between you (ar any Additional Cardmembers on your Account) and us. We do this to ensure the quality of customer service or when it is required by law. You can choose to not receive marketing offers from us. To do this, call us at 1-800-297-8378 or log on to www.americanexpress.com/communications About 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 affiiates 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. How we handle electronic debits from your checking account When you pay us by check, you authorize us to electronically deduct the amount from your bank or other asset account. We may process the check electronically by transmitting to your financial institution: the amount, the routing number, the account number, and the check serial number. If we do this, your payment may be deducted from your bank or other asset account on the same day we receive your check. Also, you will not receive that cancelled check with your bank or asset account billing statement. It we cannot collect the funds electronically, we may issue a draft against your bank or other asset account for the amount of the check. ExpressPay Cards issued on your Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. Privacy Act of 1974 notice 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. Convenience checks add the fee to the same balance that we add the convenience check transaction to. Convenience checks (including balance transfer checks) are checks that we may send you to access your Account. The following terms will apply to use of those checks unless otherwise disclosed with the check. If you use a convenience check, we may decline it. If we decline it, you may have to pay retumed check fees or other penalties to whomever you wrote the check. We will charge $29 each time you ask us to stop payment on a convenience check. A convenience check is not a card. You may not use convenience checks to pay this or any other account with us or our affiliates. If you use a convenience check, we will apply the: cash advance APR if you make it payable to cash, to you, or to a bank, brokerage or similar asset account, or to a mortgage or insurance provider. purchase APR if you make it payable to a merchant. balance transfer APR if you use it to transfer a balance from another creditor. penalty APR if it applies to your Account. Ifyou use a convenience check and we honor it, we will charge interest beginning as of the date we receive the check. You cannot avoid paying interest on convenience check transactions. We will charge a fee for each convenience check transaction. This fee is 3% of the transaction, with a minimum of $5. This fee is a finance charge. We will Changing benefits We have the right to add, modify or delete any benefit, service, or feature of your Account at our discretion. Assigning the Agreement We may sell, transfer or assign this Agreement and your Account. We may do so at any time without notifying you. You may not sell, assign or transfer your Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You agree that you will not pursue any claim against the merchant for the credited amount. And you must cooperate with us if we decide to do so. CMAEUACM0000102 Page 7 of 9We 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. Governing law Utah law and federal law govern this Agreement and your Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold your Account in Utah. We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the circumstances and procedures under which claims may be arbitrated instead of litigated in court. ni As used in this Arbitration provision, the term claim means any claim, dispute or controversy between you and us arising from or relating to your Account, this Agreement, the Electronic Funds Transfer Services Agreement, and any other related or prior agreement that you may have had with us, or the relationships resulting from any of the above agreements, except for the validity, enforceability or scope of this Arbitration provision. For purposes of this Arbitration provision, you and us also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of claims. Claim includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third- party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. Claim also includes claims by or against any third party using or providing any product, service or benefit in connection with any account (including, but not limited to, credit bureaus, third parties who accept the card, third parties, who use, provide or participate in fee-based or free benefit programs, enrollment services and rewards programs, credit insurance companies, debt collectors and al of their agents, employees, directors and representatives) if and only if, such third party is a party in connection with the claim, The term claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) any of the accounts created under any of the agreements, or any balances on any such accounts, (b) advertisements, promotions or oral or written statements related to any such accounts, goods or services financed under any of the accounts or the terms of financing, (c) the benefits and services related to Cardmembership (including fee-based or free benefit programs, enrollment services and rewards programs), and (d) your application for any account. We shall not elect to use arbitration under this Arbitration provision for CMAEUACM0000102 any claim that you properly file and pursue in a small claims court of your state or municipality so tong as the claim is individual and pending only in that court. Initiation of Arbitration Any claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision and the code of procedures of the arbitration organization to which the claim is referred in effect at the time the claim is filed (code), except to the extent the code conflicts with this Agreement. Claims shall be referred to either JAMS or the American Arbitration Association (AAA), as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 30, days after you receive notice of our selection. For a copy of the code, to file a claim or for other information, contact either: JAMS (1920 Main St #300, Irvine, CA 92614 or jamsadr.com) or AAA (335 Madison Ave, New York, NY 10017 or adr.org). In addition to the organizations listed above, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration subsection set forth below. Significance of Arbitration IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, 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 OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS. SET FORTH BELOW, THE ARBITRATOR S- DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU WENT TO. COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Restrictions on Arbitration IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO. Page 8 of 9 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 CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator s authority to resolve claims is limited to claims between you and us alone, and the arbitrator s authority to make awards is limited to awards to you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preciusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision of this Agreement (including but not limited to the Continuation subsection below) and without waiving either party s right to appeal such decision, should any portion of this Restrictions on Arbitration subsection be deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) shall not apply. Arbitration Procedures This Arbitration provision is made pursuant to transactions involving interstate commerce and shall be governed by the FAA. The arbitration shall be governed by the applicable code, except that this Agreement shall apply if there are any conflicts. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Any party may request that the arbitrator expand the scope of discovery by doing so in writing and copying any other parties, who shall have 15 days to make objections. The arbitrator will notify the parties of his/her decision within 20 days of any objecting party s submission. The arbitrator shall take reasonable steps to preserve privacy. The arbitrator s award shall be final and binding, except for any right of appeal provided by the FAA; however, either party shall have 30 days to appeal that decision by notifying the arbitration organization and any other parties in writing. continued on next page...Express ...continued from previous page The organization will then appoint a three- arbitrator panel which shall consider anew any aspect of the decision objected to by the appealing party. The panel shall issue its decision, by majority vote, within 120 days of the appealing party s written notice. Judgment upon any award rendered by the arbitrator or panel may be entered in any court having jurisdiction. Location of Arbitration Arbitration hearings you attend shall take place in the federal judicial district of your residence. Payment of Fees You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address that would have had jurisdiction. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of any arbitration fees. You will not be assessed any arbitration fees in excess of your share if you do not prevail in any arbitration with us. Continuation This Arbitration provision shall survive termination of your Account; voluntary payment of the Account balance in full by yous any legal proceeding by you or us to collect a debt owed by the other; any bankruptcy by you or us; and any sale by us of your Account (in the case of a sale, its terms shall apply to the buyer of your Account). If any portion of this Arbitration provision, except as otherwise provided in the Restrictions on Arbitration subsection, is deemed invalid or unenforceable, it shall not invalidate the temaining portions of this provision. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do if You Find a Mistake on Your ‘Statement Ifyou think there is an error on your statement, write to us at: ‘American Express PO Box 981535 El Paso TX 79998-1535 In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is. an ertor on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: Itwe made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due, We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. if you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. It we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you ate dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase pri