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Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!! (attorney here, and not giving legal opinion only thoughts)

Without digging into the T&Cs before and after the change, there is certainly a legal argument that previous course and dealings with AMEX gave the consumer the impression that Amex was allowing it on a per-card (AUs) basis vs. a person basis. To suddenly change the course of dealing without proper notice and expressed consent from the consumer that the T&Cs changed certainly raises at least some grounds to argue against the clawback. Does anyone have the T&Cs before and after? If so, please post.

Amex will just argue that despite what the "Amex Offer" T&Cs were, you agreed to the "standard card agreement" which certainly has some language that gives them the right to do this. Again, I don't know, I'd have to read everything.

If the card agreement requires arbitration and that Amex will pay the arbitration costs (whether you win or lose), then it may be a good idea to go that route to at least try. On the other hand, if you have to go court, then be careful there isn't a prevailing attorneys' fee provision and mind which court you must file in.

I have spoken with in-house Amex counsel before - not about this issue, but generally - and they generally try to settle cases rather than litigate. I am talking disputes, not collections though.

August 30, 2018, 09:34:55 AM
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