AMEX Adds "We Can Yank From Your Bank Automatically" Clause?
UPDATE: Don't Worry About AMEX's Bank Yank Clause
AMEX just sent out some new changes to terms of service for some customers, and one of them has us scratching our heads in particular. There's various increases in APRs and fees, but then under "In Case of Errors or Questions About Your Transactions" they're now adding "You authorize us or an agent to debit your Bank Account for this amount." What scenarios would qualify under "errors" or "questions"? Don't like the sound of agreeing to let anyone make withdrawals on my bank account without myself pulling the lever. The notice of TOS changes, inside...
Notice of Changes to Your Account
The terms of your Account are subject to change in accordance with the American Express Cardmember Agreement ("Agreement") governing your Account (including increasing rates and fees, changing fixed rates to variable rates, and adding new terms). Any language in your Agreement contrary to or conflicting with terms amended herein is replaced fully and completely. All terms of the Agreement not amended herein remain in full force and effect. These changes apply to existing balances and future balances on your Account. We urge you and any Additional Cardmembers on your Account to read this notice carefully and file it along with your Agreement in a safe place for future reference.
APR for Flexible Payment Features
For billing periods that begin on or after December 2, 2008, we are replacing the third sentence of subsection B of the Finance Charges section of your Agreement with the following:
- "Except as provided below, the APR is the Prime Rate plus 11.99%."
This is a variable rate. As of October 13, 2008, the Prime Rate plus 11.99% is an APR of 16.49% and a DPR of 0.0452%.APR for Default
For billing periods that begin on or after December 2, 2008, the last sentence of subsection D of the Finance Charges section of your Agreement is replaced with the following:
- "The Default Rate is a DPR which corresponds to an APR equal to the Prime Rate plus 23.99%."
This is a variable rate. As of October 13, 2008, the Prime Rate plus 23.99% is an APR of 28.49% and a DPR 0.0781%.Late Fees
We are changing the day upon which late fees may first be assessed as a result of late payment. If you have not paid the Amount Due on this statement before the 10th day after the Closing Date of your next statement, you will be assessed a $35 late fee (Iowa $15). For billing periods that begin on or after December 2, 2008, we are replacing the Late Fees section of your Agreement with the following:
- "If any portion of the Amount Due on a billing statement is not credited to your Account before the 10th day after the next Closing Date, we may assess a fee of $35 (Iowa $15). In addition, if any portion of that Amount Due is not credited by the following Closing Date, we may assess an additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (Iowa $15). If any amount past due is not credited to your Account by successive Closing Dates, we may assess a fee equal to the greater of $35 or 2.99% of any amount past due (Iowa $15)."Transactions Made in Foreign Currencies
Effective January 11, 2009, the bolded clause in the Transactions Made in Foreign Currencies section of your Agreement is replaced with the following:
- "in each instance increased by 2.7%."Electronic Funds Transfer (EFT) Agreement
Effective December 2, 2008, we are adding a sentence to the last paragraph of the "In Case of Errors or Questions About Your Transactions" section of your EFT Agreement. The following is added after the third sentence:
- "You authorize us or an agent to debit your Bank Account for this amount."
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Comments:
I think the access to the bank account is for correcting problems that might occur by accident when one pays his/her monthly statement using the online payment system Amex provides. For instance, if the amount of the payment were accidentally charged twice, or if one-tenth of the actual amount of the payment were debited due to the decimal point being mis-interpreted, they can make these common-sense type of corrections automatically.
How about no?
I find it interesting that they now are wanting vague access to your bank accounts after a couple of other actions hinting that they are in trouble.
I wonder if one of their strategies might be "accidentally" borrowing money from a large number of customers for a period of time and then give it back later. Sort of a DIY bail out plan.
@JustThatGuy3: Most cards charge 2-3%. But the "Increased by" 2.7% is what scares me... What was it before?
You'll probably have to initiate or authorize an EFT for anything in that section to take effect. Since it's under the "In Case of Errors or Questions About Your Transactions" paragraph, it could mean that AmEx is pre-authorized to fix any errors in an EFT from their end--i.e. no muss, no fuss.
Or it could be a setup to double dip. Whatever.
@Erwos:
Does anyone know how (or if) this will affect green (charge card) users ? I read my mail from Amex as closely as anyone and can honestly say that I haven't run across any change in TOS. If there is one ,they can kiss a 14 year ,perfect payment record customer goodbye. NOBODY gets to debit my bank account when the mood hits.
It's time for us customers to use the new political regime to roll this stuff back.It's gonna be now or never to curb the abuses.To the barricades !
@rdm: It is. I just got the same notice, but I neglected to notice the "bank" part. I'll have to go back tonight and look it over.
@BusyBusyBusyBusySleep: Although, in all fairness, what does the original part in the contract say? It may deal with a specific case...
I'm in Hong Kong, using a Capital One card, getting 0% foreign transaction fees. I have an AmEx but this is far better.
Watch out for DCC - Dynamic Currency Conversion. Retailers convert the purchase into home currency (at a terrible rate). Some places do this, others don't (it's basically a rip-off for foreign tourists). I've had to eat about 2-3%, and trying to convince someone who speaks little English to deny DCC is a hassle.
@Snarkysnake: No idea about Green - like I said, I'm a Blue user. My recommendation would be to disable direct debit on the card and go back to paying it off the usual way.
As for the new regime being the friend of the consumer, I can only laugh. This is the same guy who's supporting all of the current idiotic bail-outs. He's not going to go screw over the credit card companies in their time of self-inflicted crisis.
@Juliekins: I've gotten an absurd amount of cashback on my Blue by charging my college tuition to it. I pay it off at the end of the month, naturally, but it quickly escalates you to that $6000+ area where you start getting a ton of money back on gas and groceries. If they start trimming back on that, I go find a new card.
@zigziggityzoo: It used to be "Increased by 2%" before.
They raised it by another 0.7%. Why didn't the go the full mile and raise by another 1% outright? It'd be in line with most of bank-issued credit cards out there anyway.
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So, it looks like my WaMu credit has the best rate (1%, which I'll sacrifice if Chase keeps me in their portfolio and forces me to convert to a Chase card) with the Merrill+ credit close behind (2%).
Ahh... I need to get me a CapOne or a CU-issued credit card before I travel overseas next time.
@Erwos: You'd better get ready to pay in cash in Amex Travel Services or pay with a money order every time then.
You write them a check (or use your bank's billpay; for most of them), they have access to your bank account.
You do EFT online, they have access to your bank account.
Since I'm a PIF on time customer, the ratejack is a non-issue for me, unless they decide to f*ck around and manipulate my payment to trigger the default rate and late fees.
The automatic EFT provision is worrisome. If American Express or its agents truly did screw up and underwithdrew funds, all they have to do is call me up and tell me what exactly they're going to do. I make mistakes too sometimes, so if they screw up once in a while, it's not like I'm going to stop them from fixing their own mistake. I will voluntarily consent in that case.
However, an automatic debit provision without any notice really irks me. I will only consent when I'm told in advance. Treat my bank account like a cookie jar and that'll be the end of our relationship.
If American Express really wants to keep heading down this road, I'll be happy to drop them unceremoniously and get my friends to do the same. I become a very bitter person once a relationship goes sour. I will not return and I will not acquire an Amex-network card.
Hey Ben, call and get them to do some 'splainin'.
What are the circumstances that would lead to them fixing the error?
What is an error?
Where do they get the information to go into your account?
Which account do they use if you pay from different accounts monthly?
Do they call to make arrangements to do it on a set day so they don't overdraw you or take money that is there for a different purpose?
What do they pay ME if they take too much out?
Come on Ben, get your reportin' hat on. I smell a scoop!!!!!
What's the rest of that paragraph look like? I'm not an AMEX customer, and likely never will be, so I don't know of a way to access to whole account agreement. I've seen this language in other TOS statements though, and I'd be surprised if this wasn't added to a section about check payments, like: "If you pay us by check... You authorize us or an agent to debit your Bank Account for this amount." Alot of companies are doing this now.
They must be in some s**t right now. They called and canceled our Business Line of Credit. They are no longer offering it at all to anyone! I bet this will stick a big group of business owners who were using the account for inventory and payroll regularly. In addition, they canceled the best feature on our Platinum card: 2 for 1 domestic airfare. So we canceled our platinum, went back to gold, and within 3 days we had mailings offering the Platinum card! They are a freakin' mess in every direction. Good luck to Amex!
I have always paid my entire balance, every month. Now I'm being punished for being responsible with a nice hefty rate hike. Obviously this doesn't affect me materially because I don't pay any finance charges. It's a matter of principle. When I called AmEx CS to request that they lower it, I was told that that was the lowest possible rate (which is BS - the rate in Ben's posting is LOWER). This seems to be a running theme in today's economy: responsible people are punished for being responsible. I sure wish I'd bought an overpriced house last year with 100% financing and a liar loan. Then I'd be getting bailed out right about now.
@imdgonz:
"They must be in some s**t right now."
More than you may know. Amex recently applied for bailout money by getting a bank charter which will grease the skids toward getting their hands on your tax $$$. The stock has dropped by two thirds in the last 10 months ($60 to $20) and lots hard pressed merchants are dropping them because of high fees.Another problem : when Amex customers get in over their head,they usually have a much higher balance than other companies (People with $100K jobs typically carry a higher balance) . So yes, they are in some deep kim-chee at the moment.But hell, who isn't ?
Platinum can be a great deal, depending on who you are and what you spend. The 2:1 business class ticket deal can cover the annual fee right there, but only if you're someone who would otherwise spend $10-15k for a pair of airline tickets.
@Juliekins: Remember, they may not be making interest on you, but they're making fees from all of the merchants you deal with. They may not make as much moneyfrom you as the people who carry a balance, but they also do not have as much risk.
I just called Amex and told them it was very shady that I got this TOS revision yesterday and it goes into effect 3 business days from when I got it. Adding to that was the fact that they were very vague about the context (last paragraph, third sentence).
Of course I got someone in the Phillipines (sp) who had no clue, so I chose "cancel a card" to get an American who was familiar with this. She said it only applied to errors with direct debit to pay my bill. It would have been so much easier to put that in the notification, rather than encrypting the meaning.
Amex = going down the drains.
i just got this letter myself.
Not only did it have this term on the bottom, the top was soooooo poorly printed i couldn't read several lines of it.
between that and them all of the sudden dropping my credit limited from 7500 to 1400 (no late payments, no other outstanding CC debt, no reason for them to do it) i have lost almost all of my faith in this company.
i will probably be keeping my card open for another 2 years just because a week ago i bought a sony 52xbr6 on it and it offers double warranty. Once that runs out, i think i will close my account.
@billbobbins: They may not be able to. The language used in credit card agreements and TOS change communications is pretty well dictated by law.
@god_forbids: They'll probably just claim "we take the concerns of our customers seriously..." and never make another comment on it.
I called American Express to find out what the paragraph before the addition was about and could not find anyone who could tell me - However, while I was doing this I found the answer online:
"If we determine that there was no error,
we will send you a written explanation within
three business days after we finish our
investigation. Upon your request we will
provide you with copies of the documents
that we used in our investigation. If we
have provisionally recredited your Bank
Account during the investigation and determine
that there was no error, we will notify you
of the date on which we will redebit your Bank
Account, and the amount to be redebited. You
authorize us or an agent to debit your Bank
Account for this amount."
This seems to be related to a dispute process, not a blanket permission.
There is an analysis of this at:
[www.creditmattersblog.com]
They call it a "non-issue" -- I'm not sure if it is
a non-issue, but it does not seem to be a blanket permission to raid your bank account - it relates to specific situation relating to disputes.













I'm more concerned about the 2.7% - that's getting to be a pretty hefty fee. Might have to get a cap one card for my international travel.