================================================================================
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
--------------------------
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
--------------------------
Date of Report (Date of earliest event reported): April 9, 2003
--------------------------
AMERICAN EXPRESS COMPANY
(Exact name of registrant as specified in its charter)
--------------------------
New York 1-7657 13-4922250
----------------------------- ------------------------ -------------------
(State or other jurisdiction (Commission File Number) (I.R.S. Employer
of incorporation or Identification No.)
organization)
200 Vesey Street, World Financial Center
New York, New York 10285
---------------------------------------- ----------
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (212) 640-2000
---------------------------------------------------
(Former name or former address, if changed since last report)
================================================================================
Item 9. Regulation FD Disclosure
In April, 2003, a purported class action was filed against American Express
Company and one of its subsidiaries (together, the "Company") in the Alameda
County Superior Court for the State of California in which the plaintiffs assert
two causes of action for violation of certain sections of California's Unfair
Competition Law and the California Consumer Legal Remedies Act. The plaintiffs
allege that the Company purportedly failed to disclose a transaction fee that is
assessed on purchases of goods and/or services in a foreign currency and further
allege that the Company includes in its cardmember agreements unconscionable and
unlawful arbitration provisions. Based on these allegations, the plaintiffs are
seeking injunctive relief, restitution, disgorgement, compensatory and exemplary
damages and attorneys' fees and costs on their own behalf and on behalf of a
putative California class. The Company has not yet been served with the
Complaint relating to the action. The Company believes that it has meritorious
defenses and, in the event it is served with the Complaint, intends to
vigorously defend the action.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
AMERICAN EXPRESS COMPANY
(REGISTRANT)
By: /s/ Stephen P. Norman
---------------------
Name: Stephen P. Norman
Title: Secretary
DATE: April 10, 2003