Legal Question in Business Law in Georgia
Can I sue American Express for providing my card's available balance to third parties without my permission? I recently signed up for the new American Express prepaid card (americanexpress.com/prepaid) and loaded funds onto the card. I discovered after making several purchases, both restaurants and retail, that my available balance was being displayed on the bottom of the receipt. As a result, several third parties were able to view my personal balance information. I read through the card-member agreement and the privacy statement for my specific card and there was nothing that indicates my private information would be shared with third parties. I know it may seem silly but this is a serious privacy and security concern for me. If I was able to file a suit, I wouldn't want to request money but rather than this policy be changed and that they take additional measures in the future to ensure cardholder security.
2 Answers from Attorneys
Of course not.
The reason the balances print on receipts is that is what most customers want and expect and since it doesn't identify you by name, there is no privacy problem whatsoever.
Your remedy, since you don't like a feature most people demand, is to use cash and not prepaid cards.
In addition, are you ready to pay thousands and thousands (or tens of thousands) of dollars to lawyers to get the AmEx policy changed? You'll need to come up with several thousand upfront for a retainer for a case like that.
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