VOLUME OF CASES FILED BY AMERICAN EXPRESS
From August 2012 to August 2013 American Express entities (American Express Centurion Bank and American Express Bank, FSB) filed 385 cases in Harris County District Courts. Some of them are garnishment actions rather than original debt suit.
For the civil county courts at law of Harris County (of which there are four), a similar search yields 258 for the same time period (it includes 14 cases in which turnover relief was sought after Amex obtained a judgment).
In one case that made it all the way to the Texas Supreme Court, Amex filed a motion for default judgment against the corporate defendant, but made the mistake of drafting a proposed order that denied all other relief, including relief against the individual names as a defendant. The trial court signed the order. Amex did not mean to non-suit the second defendant, but by the time it discovered the drafting error, it was too late to correct the trial court's order nunc pro tunc, the highest court held in subsequent mandamus proceeding.
|Sample Utah choice of law clause (2008 Cardmember Agreement for Optima Card)|
MODIFICATION OF TERMS
American Express often announces changes in terms by including notices to that effect on monthly statements, rather than in separate mailings that might later get lost. This puts its lawyers in a better position to argue that the terms were effectively changed (that an increase in the interest rate to 27.24% for example was properly implemented), at least in cases where the change-in-terms notification on a monthly statement was followed by account use in subsequent billing cycles, and thereby accepted by the cardholder -- > Modification of the terms of credit as an issue in defense of debt collection suits.
OTHER MAJOR CREDIT CARD ISSUERS THAT SUE AS ORIGINAL CREDITORS
Bank of America (through FIA Card Services N.A., a wholly owned subsidiary headquartered in Delaware)
Capital One Bank
Citibank, N.A. previously CitiBank (South Dakota) N.A. (prior to corporate reorganization)
Wells Fargo Bank, National Association
Target National Bank, now TD Bank, N.A.