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The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

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Friday, September 20, 2019

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Mark Budnitz

In September American Express Delta Skymiles sent cardholders a change to its Cardmember Agreement titled "Arbitration Procedures." The first paragraph of the change is: "The fifth sentence is deleted and replaced with: You and we agree that the arbitration will be confidential. You and we agree that we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law."

This provision seems to mean that cardholders risk having their cards revoked if they tell their spouses, priests, rabbis, ministers, imams, lawyers, etc. the content or outcome of a proceeding and somehow American Express discovered or suspected the cardholder has violated the provision.

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