Free Complaint - District Court of California - California

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 1 of 15

SAMUEL A BERRY

666 D a r r e l l S t r e e t COSTA MESA CA 92627-2404

Re: Card Account t) 3713332.072324)06
W c wmt to p v i 3 C you with 3n upihtcd mpy o thc agrcxrncnt a.s..tcd with yow w d account with. f h e r i c a n llxpress, which I mcourigc YOU to r d and retain. If there are Additional Cardmembers on your account, thzw agreements are also applicable to their txsc o thc thcmt. f
'Ile e n c l o d a.gramxn1,~ not change m y o the ram, o thr: sunout o any fks, that sn:cummtly do f r f applicable. For cxamp1e. any ofthe fees and Cash Advance mtes set forth i thc d a s o d a m w s a z the n n m e f k s and ntcs lhat d d y apply to your acmunt. With respect to Pwchxscs, the APR a d @odic raw set forLh in the o n c l d ;tgrcmrmts YU: rates that k v c i~ppljcd tfic pist to your account. If we i n mtiiiecl you i wrihg *OF to today that your Purchase rates were changing, l h a your cornxt P m c k n rates atc the rates wc idmtificd for you in that change-in-t-9 mticc.
We have revised and restated the agreements, making a n u m b of changes throughout. 'Ibese enclosed letter. For revisions supmale md replace yow &.ti% lrgnmmls, as spcc%dy noted in c m p l c , we have acid#l a new d o n wild Awignmcnt of Cltrims. Additiow, Cardmcmkcrs having C3di$oxaja.billing addresses will no 10 be e x c l d d fiom the coverage of the d o n railed Arbitration.

If p u haw any questions p1c;~w !hc to11 f CiLU

i ~numb :

d On behalf o 3U my colleagxs, we thank you for kurying a card from llmerimn l f forvvrsrd t senkg you in the future. o

of yaw shown on your s m c m m t or on the h p e and look ~

Nfrcd I:. Kclly, Jr.

4.S*YL~+i

Exhibit 31, Page 208

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 2 of 15

Mr. David Lee 65 Lancaster Ave Kentfield, CA 94904-1604
November 30,2006

Certified Mail, Return Receipt Requested Article Number 7006-2760-0002-7278-3740
Mr. Kenneth I. Chenault Chairman & C.E.O. American Express Travel Related Services Company, Inc. 200 Vesey Street New York, NY 10285-4601 Dear Mr. Chenault: I recently purchased an American Express travelers cheque card, a "Be My Guest" dining card, and an American Express Gift card. The terms and conditions for each of these cards contain an arbitration provision which appears to be uncqnscionable and otherwise violates California and federal law and, hence, is unenforceable ' b d invalid. I find the inclusion of such an arbitration provision to be unacceptable. Thus, this letter is a demand, made under California Civil Code Section 1782, that the American Express Travel Related Services Company, Inc. (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it from the terms and conditions relative to the use of these cards, under the purported authority to unilaterally make changes therein to the terms and conditions of these cards. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated.
I look forward to hearing from you in writi ,concerning this letter.

E

I

Exhibit 32, Page 209

Exhibit 9, Page 87
Case 3:07-cv-04765-CRB Document 1-8 Filed 09/17/2007 Page 3 of 15

Mr. David Lee 65 Lancaster Ave Kentfield, CA 94904-1604
November 30,2006

Certified Mail, Return Receipt Requested Article Number 7006-2760-0002-7278-3757
Mr. David E. Poulsen President & C.E.O. American Express Centurion Bank 200 Vesey Street New York, NY 10285-4601 Dear Mr. Poulsen:

I recently purchased an American Express travelers cheque card, a "Be My Guest" dining card, and an American Express Gift card. The terms and conditions for each of these cards contain an arbitration provision which appears to be unconscionable and otherwise violates California and federal law and, hence, is unenforceable and invalid. I find the inclusion of such an arbitration provision to be unacceptable.
Thus, this letter is a demand, made under California Civil Code Section 1782, that the American Express Centurion Bank (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it from the terms and conditions relative to the use of these cards, under the purported authority to unilaterally make changes therein to the terms and conditions of these cards. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated.
I look forward to hearing from you in writi ,concerning this letter.

P

Exhibit 33, Page 210

Exhibit 9, Page 88

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 4 of 15

Mr. David Lee 65 Lancaster Ave Kentfield, CA 94904-1604
November 30,2006

Certified Mail, Return Receipt Requested Article Number 7006-2760-0002-7278-2750
Mr. Douglas H. Short, I11 President & C.E.O. American Express Bank, FSB 43 15 South 2700 West Salt Lake City, UT 84184-0000 Dear Mr.Short:

I recently purchased an American Express travelers cheque card, a "Be My Guest" dining card, and an American Express Gift card. The terms and coqditions for each of these cards contain an arbitration provision which appears to be unconscionable and otherwise violates California and federal law and, hence, is unenforceable and invalid. I find the inclusion of such an arbitration provision to be unacceptable.
Thus, this letter is a demand, made under California Civil Code Section 1782, that the American Express Bank, FSB (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it fiom the terms and conditions relative to the use of these cards, under the purported authority to unilaterally make changes therein to the terms and conditions of these cards. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated.
I look forward to hearing from you in writing, concerning this letter.

Exhibit 34, Page 211

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 5 of 15

SENDER: COMPLETE THIS SECTION
m

COMPLETE THIS SECTION ON DELIVERY

umptere lrems I. L, ana a. so wmplere item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Anach this card to the back of the mailpiece,

pt for Merchandise

(Transfer fmm rewice labe0

~ ~ ~ o m t 3 8 1 1 : ~ e b t h v .2 ~ 4 ! : i

Exhibit 35, Page 212

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 6 of 15

I SENDER:
-

COMPLETE THIS SECTION

COMPLETE THlS SECTION ON DELIVERY

I

Itiompiere nems 1, z, ana Y. AISO

complete item 4 if Restricted Dellvery Is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of themailpiece, or on the front fi space permits.

-

4. Restricted D#iveryl (Ex?m Fee)

Exhibit 36, Page 213

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 7 of 15

SENDER: COMPLETE TWS S E C W

COMPLETE THIS 8ECTKW

ON MUVERV

Exhibit 37, Page 214

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 8 of 15

Daniel R. Lloyd P.O. Box 3 167 Paso Robles, California 93446 Certified Mail, Return Receipt Requested Article No. 70060100000285686601 June 26,2007 Mr. Kenneth I. Chenault President and C.E.O. American Express Travel Related Services Company, Inc. 200 Vesey Street New York, New York 10285-4601 Dear Mr. Chenault: I have had an American Express Platinum card for several years. The terms and conditions for this card contain an arbitration provision which appears to be unconscionable and otherwise violates California and federal law and, hence, is unenforceable and invalid. I find the inclusion of such an arbitration provision to be unacceptable. Thus, this letter is a demand, made under California Civil Code Section 1782, that American Express Travel Related Services, Inc. (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it fiom the Cardmember agreement (terms and conditions) and, under the purported authority contained in the cardmember agreement, modify the provision so that it is not unconscionable or unenforceable.. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated. I look forward to hearing fiom you in writing, concerning this letter. Very truly yours,

Exhibit 38, Page 215

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 9 of 15

Exhibit 38, Page 216

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 10 of 15

Daniel. R. Lloyd P.O. Box 3 167 Paso Robles, California 93446 Certified Mail, Return Receipt Requested Article No. 70060100000285686618 June 28,2007 Mr. David E. Poulsen President and C.E.O. American Express Centurion Bank 200 Vesey Street New York, New York 10285-4601 Dear Mr. Poulsen:

I have had an American Express Platinum card for several years. The terms and conditions for this card contain an arbitration provision which appears to be unconscionable and otherwise violates California and federal law and, hence, is unenforceable and invalid. I find the inclusion of such an arbitration prodvisionto be .. unacceptable.
Thus, this letter is a demand, made under California Civil Code Section 1782, that American Express Centurion Bank (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it from the Cardmember agreement (terns and conditions) and, under the purported authority contained in the cardmember agreement, modify the provision so that it is not unconscionable or unenforceable.. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated.

I look forward to hearing from you in writing, concerning this letter.
Ve truly yours,

&? d&
Exhibit 39, Page 217

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 11 of 15

Exhibit 39, Page 218

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 12 of 15

Daniel R. Lloyd P.O. Box 3 167 Paso Robles, California 93446 Certified Mail, Return Receipt Requested Article No. 70060100000285686625 June 28,2007 Mr. Douglas H. Short I11 President and C.E.O. American Express Bank FSB 4315 S. 2700 West Salt Lake City, Utah 84184 Dear Mr. Short: I have had an American Express Platinum card for several years. The terms and conditions for this card contain an arbitration provision which appears to be unconscionable and otherwise violates California and federal law and, hence, is unenforceable and invalid. I find the inclusion of such an arbitration provision'to be unacceptable. Thus, this letter is a demand, made under California Civil Code Section 1782, that American Express Bank FSB (including any and all of its affiliates and subsidiaries) "correct, repair, replace, or otherwise rectify the goods or services" which I believe violate California Civil Code Section 1770(a)(19) which makes it illegal to "insert[] an unconscionable provision in the contract." That provision was obviously designed to deprive me of my access to legal remedies including, but not limited to, injunctive relief and class actions. Please remove it from the Cardmember agreement (terms and conditions) and, under the purported authority contained in the cardmember agreement, modify the provision so that it is not unconscionable or unenforceable.. This demand is made on behalf of me personally, and on behalf of a class of others similarly situated. I look forward to hearing from you in writing, concerning this letter. Very truly yours,

Exhibit 40, Page 219

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 13 of 15

CERTIFIED MAIL, RECEIPT
(-ID

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-,.m .,

w Orrly; No Insurance C c PrOVicw) w m

For d w in(onslprwn d s U QI websil.st Wum.uqm.corn. m l l U

Exhibit 40, Page 220

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 14 of 15

I SENDER: COMPLETE THIS SECTION

I COMPLETE THIS SECTION ON DELIVERY

I

1 .

2. AMda Number

m J P e r f m m ~ ~i PS ~ o r m 381I. Febmw 2004 I i

Exhibit 41, Page 221

Case 3:07-cv-04765-CRB

Document 1-8

Filed 09/17/2007

Page 15 of 15

NDER: COMPLETE THIS SECTION
complete nerns 1.2,and 3. AI~Ocomplete itern 4 if ResMct6d Delivery is desired. Print your name and address on the reverse so that we can return the c r to you. ad Attach thls card to the back of the mailpiece. or on the front if space permits.

I

COMPLETE THlS SECTION ON DELIVERY

If YES, enter deUvec/ add-

blow:

NO

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Inwed Mall C.0.D. 4. Resfided Wv y (Extm Fee) im?
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Artlde Number

PS Form 3811. F&NW 2004

Exhibit 42, Page 222