Rogelio Cruz Jr., a 100% service-disabled U.S. Marine Corps veteran, has filed a lawsuit against American Express National Bank for alleged discrimination under the Americans with Disabilities Act (ADA). The complaint was lodged in the United States District Court for the Southern District of New York on November 25, 2025. Cruz accuses American Express of systematically discriminating against individuals with disabilities by refusing to provide email-based accommodations necessary for his participation in their Financial Relief Program.
The lawsuit details how Cruz, who suffers from service-connected disabilities that limit his ability to engage in telephone or real-time chat communications, requested an email-based accommodation from American Express to enroll in their Financial Relief Program following severe flooding in Texas that impacted his business operations. Despite clearly identifying himself as a disabled veteran and explaining his need for email communication due to his disabilities, American Express denied this request. In letters dated August 1 and August 14, 2025, Paul Sykes from AMEX’s Executive Consumer Relations reiterated that enrollment could only be completed via chat or phone, falsely claiming compliance with ADA regulations.
Cruz’s complaint outlines multiple legal violations by American Express, including breaches of the ADA and 42 U.S.C. § 1981, which protects against racial discrimination in contractual agreements. He asserts that AMEX’s refusal to accommodate his disability is not only discriminatory but also constitutes a breach of contract and good faith dealing. Furthermore, Cruz accuses AMEX of violating the Telephone Consumer Protection Act by making repeated harassing phone calls despite knowing he cannot use such communication methods due to his disability.
In seeking relief from the court, Cruz demands declaratory and injunctive relief requiring AMEX to modify its policies to allow email-based program enrollment as a reasonable accommodation for disabled individuals. He also seeks compensatory damages for emotional distress and financial harm caused by AMEX’s actions, punitive damages for willful civil rights violations, statutory damages under the TCPA for harassment through repeated calls, and coverage of legal fees.
Representing himself pro se in this case is Rogelio Cruz Jr., while no specific attorneys are mentioned for American Express National Bank. The case is identified as Case No. 1:25-cv-09951-UA before the United States District Court Southern District of New York.
Source: 125cv09951_Rogelio_Cruz_v_American_Express_Complaint_Southern_District_of_New_York.pdf
