Following up on an early post in which we reported that Ebay and Microsoft were attempting to get their customers to give up their rights to pursue their claims in court and/or through the class action mechanism, unfortunately we can now report that American Express is attempting to follow in their footsteps. Buried in customers’ October statements, American Express informs its customers that it is “making changes to the process for resolving legal claims to provide more options.” Except by “provide more options,” American Express actually means close the courthouse doors to its customers. American Express’ notice states that if “arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in a court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.” Thankfully, there is an opt-out period. For current customers, it is until Feb. 15, 2013.
New American Express customers will have 45 days from the date of their first purchase. American Express was also nice enough to provide a template for the rejection letter here. Arbitration Rejection Notice I, [FULL NAME] , reject the arbitration provision of my American Express Cardmember Agreement. [Date] [Signature of American Express account holder] [BILLING ADDRESS] My American Express Account number(s): ____________-_________-_____________ Once drafted, the Arbitration Rejection Notice must be mailed to American Express, PO Box 981556, El Paso, TX 79908.
If you or someone you know has an issue with American Express that might be appropriate for class action treatment, please contact us to discuss your legal options.